25
an administrative act.” This, the State contends, is the reason why it “denies
the extrinsic and intrinsic authenticity, legal validity, legal efficacy and
effectiveness of this agreement.”
The September 3, 1996 Supreme Court
ruling is just, because it “decided the litis on the basis of the claims made by
the parties, working from the principle of conformity, weighing the evidence
to arrive at a decision.” It cannot be said that the Supreme Court took ten
years to decide on the extinction of the obligation due to the running of the
statute of limitations, since the basis of the judgment delivered goes to the
question of the validity of the agreement that it was being asked to enforce.”
The legal validity of the agreement had to be examined, because Mr. Cantos’
suit was premised upon “the existence and validity of an agreement that the
respondents contested;” were this a valid contract, the statute of limitations
would be longer than it would be on a non-contractual responsibility. Once the
agreement was declared invalid, the statute of limitations became two years.
Therefore, the statute of limitations had already run by the rime the case was
presented to the Supreme Court. The State, therefore, denies the attribution
of international responsibility for violation of Article 8 of the American
Convention;
d.
Argentine law provides that “the filing fee shall be the costs of trial and
shall ultimately be paid by the parties, at rates that the law shall dictate”, so
that the “filing fee shall be figured as a percentage of the amount of relief
being claimed.” It is the plaintiff that makes the calculation. This is an
objective figure and does not constitute a restriction on access to the courts;
it is a tax for someone who “loses the trial.” Despite having turned down the
plaintiff’s request to be allowed to litigate without paying filing fees, “Mr.
Cantos persisted in petitioning the court until by the time the final judgment
was delivered, he had paid nothing in the way of filing fees.” The State
contends that “Mr. Cantos “was never denied access to the courts, and the
denial of the benefit of litigating without paying filing fees did not affect
delivery of the final judgment in case C-1099.” The State therefore requested
that the allegation of a violation of Articles 8 and 25 of the American
Convention be rejected; and
e.
The law provides that professional fees are to be percentages of the
amount of relief being claimed. Therefore, the total amount is because of the
large amount of relief that plaintiff was claiming and is a product of the
number of motions that the plaintiff himself lost with court costs.” Although
Mr. Cantos lost and was ordered to pay costs, the State had to pay 50 percent
of the costs incurred for the court-appointed experts, because “they are
entitled to claim up to 50 percent from the party who has not lost the case
and not been ordered to pay costs [...], and can claim the other 50 percent
from the party who lost the case.”
47.
In its submissions, the Argentine State argued that the Court does not have
competence, ratione materiae, to interpret or apply the American Declaration of the
Rights and Duties of Man in a contentious case, and asked the Court to deny the
Inter-American Commission’s petition that the State be held responsible for violation
of the right to a fair trial (Article XVIII) and the right of petition (Article XXIV)
protected under the American Declaration.
The Court’s observations
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