20.
On March 18, 1977, both of them were advised that they were being detained under Decree
No. 484, issued on February 23 that same year.9 Mrs. Perrone testified that she continued to be under arrest
and that she was placed under the custody of the National Executive Branch.10
21.
Mrs. Perrone testified that on October 16, 1982, she was released.11 According to a judicial
record, her status of detention was changed to supervised release pursuant to an order.12 She further
represented that she attempted to assert her right of option to leave the country, but her motion was denied
several times.13
22.
As for Mr. Preckel, on August 7, 1979, he was transferred to the Department of Foreign
Affairs of the Federal Police in order to arrange for his departure from the country, under Decree No. 2664.14
Mr. Preckel claimed that, as a result of efforts made by the Embassy of Germany and Amnesty International,
he successfully secured a visa to enable him to avail himself of the option to leave the country.15 On
September 7, 1979, he traveled to Germany where he applied for political asylum and, in December 1984, he
returned to Argentina.16
23.
Mrs. Perrone and Mr. Preckel received indemnification compensation under Law No. 24.043
– Compensation for Former Detainees.17 Said statute establishes the following:
ARTICLE 1 – Any persons who were placed at the disposal of the National Executive Branch,
while the state of siege was in force, under a decision of this branch or, in their status as
civilians have endured detention by virtue of acts emanating from the military tribunals,
regardless of whether or not they have brought a suit for damages, are eligible to benefit
from this law, provided that they have not received any indemnification under a judgment of
a court of law, based on the events covered in the instant law.
ARTICLE 2 – In order to benefit from this law, the persons mentioned in the previous article
must fulfill one of the following requirements:
a) Having been placed at the disposal of the National Executive Branch prior to December 10,
1983.
b) As civilians, having been deprived of their liberty for acts emanating from military
tribunals, regardless of whether or not there was a conviction in this jurisdiction. 18
24.
According to the State’s representations, on July 25, 1995, Resolution No. 203 was issued
granting Mrs. Perrone a benefit equivalent to the value of 2534 days payment encompassing the period of
August 17, 1976 to July 25, 1983.19 The amount was $144,875 (Argentine pesos).20
9
Initial petitions. State’s communication of October 31, 1997.
10
Testimony of Elba Clotilde Perrone. Annex 1 to initial petition on Elba Clotilde Perrone.
11
Testimony of Elba Clotilde Perrone. Annex 1 to initial petition on Elba Clotilde Perrone.
12
Record of the Institute of Detention of the Federal Capital, October 15, 1982. Annex 1 to initial petition on Elba Clotilde
13
Testimony of Elba Clotilde Perrone. Annex 1 to initial petition on Elba Clotilde Perrone.
14
Official letter of the Penitentiary Service of the Province of Buenos Aires. Annex 1 to initial petition on Elba Clotilde Perrone.
15
Initial petitions.
16
Initial petitions. State’s communication of October 31, 1997.
17
Initial petitions. State’s communication of October 31, 1997.
18
Law No. 24.043.
Perrone.
4