B. Admissibility of the testimonial and expert evidence
27. The Court finds it pertinent to admit the statements provided by affidavit,13 insofar as these
are in keeping with the purpose defined by the Order that required them and the purpose of this
case.
VI
FACTS
28. In this chapter, the Court will establish the facts considered proven in this case based on
the body of evidence admitted, the factual framework established by the Report on the Merits,
and the State’s recognition of international responsibility. Facts submitted by the parties to explain
or clarify this factual framework will also be included.14 Hereinafter, the facts will be set forth in
the following order: A) The regime for reparation of human rights violations committed during the
dictatorship in Argentina; B) The facts that took place with respect to Mr. Almeida during the
dictatorship; and C) The procedure for requesting reparations for Mr. Almeida domestically.
A.
The regime for reparation of human rights violations committed during
the dictatorship in Argentina
29. In 1976, a coup d'état set up a dictatorship in Argentina that remained in power until
December 1983, systematically committing grave human rights violations. With the return to
democracy, the victims began filing legal actions demanding compensation for the grave human
rights violations suffered during the dictatorship. However, this route was not effective for
addressing the situations in question. In particular, given the secrecy that characterized the State
terrorism, it was difficult to meet standards of evidence. Additionally, the prescription regime for
civil actions, established in article 4037 of the Civil Code in force at the time, gave a deadline of
two years for filing lawsuits.15
30. In response to these difficulties, the Argentine State decided to establish a legal regime of
reparation measures for victims of the dictatorship. The first measures were restorative in nature.
Thus, in 1984, laws were passed reinstating public officials who had been dismissed from their
casefile, pages 1549-1559); copy of Decree 1058/2014, establishing the regulations for Law 26,913 (evidence file,
folios 1560-1563); Judgment of the Supreme Court of Justice of the Nation in the case of J.A.B. (evidence file, folios
1564-1565), and the Judgments of the Federal Contentious Administrative Chamber in the case of J.A.B. (evidence
file, pages 1566-1576).
The Court received testimony given by affidavit by Rufino Jorge Almeida, procured ex officio by the Court; it
also received the expert reports of Roberto P. Saba and María José Guembe, offered by the Commission and by the
State, respectively.
13
Cf. Case of the "Five Pensioners" v. Peru. Merits, Reparations, and Costs. Judgment of February 28, 2003.
Series C No. 98, para. 153, and Case of Acosta Martínez et al. v. Argentina. Merits, Reparations, and Costs. Judgment
of August 31, 2020. Series C No. 410, para. 30.
14
Cf. Expert witness report given before notary public by María José Guembe on August 26, 2020 (evidence file,
folio 1468).
15
8