radio program of May 10, 1990, that the plaintiffs had: “…defamed and lied, arousing terror in some, threatening others, this will not do …” 12; this with regard to the case of irregularity in the sale of niches; and (b) in the context of the administrative proceeding with INAM, he characterized the plaintiffs as “three unscrupulous men”13; “with the intent to “whitewash” six years of abuse and corruption,” 14 “with clear intent of a take-over and arbitrary Fascist management endorsed by members of the Governing Committee,”15 among others. 19. Some of the remarks made by Mr. Pablo Mémoli were: (a) on the radio program of May 4, 1990, referring to the plaintiffs, that “these people get along by lying, deceit, and great deception”16; “we want to put an end to certain corrupt people …two or three people need to be gotten rid of”17; “we consider them corrupt,”18 “you open the paper and the next day the corrupt people appear” 19; (b) on the radio program of May 10, 1990, in the same context of the facts, that: “…these people drafted the bill of sale perhaps in the knowledge that it was incorrect. That is why we clearly explained the fraud in our paper …”20; “…we are certain, …, we needn’t lie, or deceive in the slightest, absolutely not, …, and they do, and they do and are doing so.” 21 Other remarks made in different newspaper articles characterized the plaintiffs, inter alia, as “potential criminals.”22 20. After a series of appeals filed and consecutively denied (see infra pars. 43, 44 and 45), the judgment in the criminal case became final. B. Positions of the petitioners 21. The petitioners allege that, for five years, the Governing Committee of the Italian Mutual Assistance Society irregularly sold niches in the San Andrés de Giles municipal cemetery, promising notarized bills of sale that were never provided. They state that Mr. Carlos Mémoli reported these facts and that the investigating judge stated that the sale of municipal cemetery niches by the Italian Society relied on “an object of impossible transaction and invalid by nature.”23 22. The petitioners state that the newspaper “La Libertad,” of which Mr. Pablo Mémoli was the editor in charge, published articles denouncing alleged irregularity in the sale of municipal cemetery niches, as well as alleged mismanagement of the Italian Mutual Assistance Society. They add that on two occasions, they participated in “Radio Vall” broadcasts, in which they reported the same facts. They allege that, based on said reports, Messrs. Antonio Quarracino (President), Humberto Romanello (Secretary), and Juan B. Piriz (Treasurer) of the Italian Mutual Assistance Society, brought a criminal action against the alleged victims for the crimes of libel and slander established in Articles 109 and 110 of the Argentine Criminal Code [Código Penal – CP]. 12 Judgment of the court 13 Judgment of the court 14 Judgment of the court 15 Judgment of the court 16 Judgment of the court 17 Judgment of the court 18 Judgment of the court 19 Judgment of the court 20 Judgment of the court 21 Judgment of the court 22 Judgment of the court 23 Extraordinary Federal p. 5. of first instance, (ll), p. 67. of first instance, (c), p. 65. of first instance, (b), p. 72. of first instance, (c), p. 65. of first instance, (e), p. 59. of first instance, (h), p. 61. of first instance, (i), p. 61. of first instance, (j), p. 62. of first instance, (c), p. 65. of first instance, (d), p. 65. of first instance, (8), p. 8. Appeal filed by the petitioners before the Supreme Court of Justice of the Nation,