positions for political or labor union reasons.16 Measures were then adopted granting a pension to
the partners and children of the persons detained or disappeared during the dictatorial regime.17
31. The measures of compensation were taken up starting in 1991, in execution of a friendly
settlement agreement with the Inter-American Commission. Indeed, in 1989, a group of persons
who had been illegally detained by the military junta filed petitions before the Commission alleging
that the rulings of the Supreme Court of Justice of the Nation declaring that prescription applied
to their lawsuits for damages violated the right to justice and judicial guarantees.18 In the
framework of the friendly settlement agreement with the Commission, the State enacted Decree
70/91 of January 10, 1991, establishing benefits for individuals who had been held by the National
Executive Branch (Poder Ejecutivo Nacional, hereinafter “PEN”) under an order issued by it prior
to December 10, 1983 and who, having filed suit seeking compensation for damages for this prior
to September 10 1985, were not able to obtain satisfaction upon prescription being applied via
final judgment.19 On November 27, 1991, Law 24,043 was passed, granting benefits to persons
held by the PEN during martial law or who, as civilians, were detained on warrants issued by
courts martial.20 Specifically, the law establishes as follows:
Article 1. The persons who, while martial law was in effect, were held by the National
Executive Branch on its orders, or who, being civilians, were detained on warrants issued
by courts martial, whether or not a trial was initiated for damages, shall have access to the
benefits under this law, as long as they have not received any compensation via court
judgment for the facts considered herein.
Article 2. To avail themselves of the benefits under this law, the persons referred to in the
above article must meet one of the following requirements:
a) Having been held under the supervision of the National Executive Branch prior to
December 10, 1983.
b) As civilians, having been deprived of their liberty through warrants issued by courts
martial, whether or not convicted by such courts.
Article 3. The beneficiary’s request shall be made before the Ministry of Interior Affairs,
which shall, with all due haste, confirm that the requirements set forth in the above articles
are met and determine the duration of the measure described in article 2, subparagraphs
a) and b).
A ruling fully or partially denying the benefit shall be appealable within ten (10) days after
notification before the National Contentious Administrative Federal Appeals Court of the
Federal Capital. The motion shall include the grounds for the appeal, and the Ministry of
Cf. Law No. 23,053 of February 22, 1984, reinstating foreign service personnel; Law 23,117 of September 30,
1984, reinstating workers who had been fired or dismissed from mixed State enterprises for political, labor union, or
social reason; Law 23,238 of September 10, 1985, reinstating laid off teachers; Law 23,523 of June 24, 1988, which
enabled the reinstatement of bank workers dismissed for political or labor union reasons, and Law 23,278 of
September 28, 1985, which ordered that the period of inactivity be counted for the purposes of retirement for those
individuals who, for political or labor union reasons, were laid off, declared dispensable, or forced to resign from their
public or private positions or forced to go into exile (expert witness report given before public notary by María José
Guembe on August 26, 2020, evidence file, folios 1470-1471).
16
Cf. Law 23,466 of December 10, 1986, which grants a pension to the heirs of persons disappeared between
March 24, 1976, and December 9, 1983 (expert witness report given before public notary by María José Guembe on
August 26, 2020, evidence file, folio 1471).
17
Cf. IACHR, Report No. 1/93 on friendly settlement regarding cases 10.288, 10.310, 10.436, 10.496, 10.631,
and 10.771 of March 3, 1993.
18
Cf. Decree 70/91 of January 10, 1991, establishing benefits for individuals who had been held by the National
Executive Branch under an order issued by it prior to December 10, 1983 and who, having filed suit seeking
compensation for damages for this prior to September 10 1985, were not able to obtain satisfaction upon prescription
being applied via final judgment (evidence file, folio 405).
19
20
Cf. Evidence file, folios 410 and 411.
9