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to pay the corresponding sums within no more than six months and to
pay delinquency interest in the event of nonpayment.
The State’s arguments
In its various interventions during the process, the State made the following points:
a)
With regard to material damages, the State’s contention was that Mr.
José María Cantos was “duly heard in a proceeding that he instituted
for that very purposes, and the ruling obtained was based on law.” It
argued further that in Argentina filing fees are a percentage of the
amount of relief the plaintiff is seeking. It argued that the State did
not violate Mr. Cantos’ right to property when it ordered him to pay
costs in his case before the Supreme Court. It also pointed that that
as the 1982 agreement was nullified in the Supreme Court’s
September 3, 1996 ruling, its clauses do not constitute an
acknowledgment by public officials of a debt owed; quite the contrary,
this allegation is an attempt to “include within the jurisdiction of the
Inter-American Court facts for which the Court itself declared it did not
have jurisdiction.” The State reasoned, therefore, that no material
damages were owed. It also alleged that every disruption of the
proceedings before the Supreme Court was the fault of Mr. Cantos, as
it was he who brought a claim that had no basis in law and in which he
was seeking an exorbitant amount. He was the one in charge of
moving the case forward. Therefore, any damages that the judicial
proceedings he instituted are alleged to have occasioned were not
caused and should not be paid by the State. The State argued that
based on the allegations on the merits, the Argentine State bears no
responsibility; therefore, no reparations should be ordered in the
instant case.
b)
Concerning the nonmaterial damages, the State held that the
Government had rebutted the allegations of police harassment against
Mr. José María Cantos and his family. It was the Government’s
position that “Mr. Cantos’ family is not party to this case” and that
“these facts cannot be litigated inasmuch as they occurred prior to
September 5, 1984.”
As to the allegations of harassment by the
courts, the State contends that the record shows that no such
harassment occurred. On the issue of Mr. Cantos’ life plan, it reasoned
that “there is nothing to suggest that Mr. Cantos did not have one or
that the State was responsible for his absence from the family home.”
Therefore, as no suffering has been shown, the State argued that it
would be improper for the Court to estimate moral damages, “not even
the kind of token damages that the representatives of the plaintiff
suggest.”
c)
As to other forms of reparation, the State again brought up the
problems with the 1982 agreement and the rectitude of the Supreme
Court’s decision.
It recalled that Mr. Cantos had access to the
proceedings, in accordance with the rules of due process, which is not
to say that the proceedings had to turn out in his favor.
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