17
Concerning the opinion on an alleged negotiated agreement
h.
On June 1 and 2, 1989, 15 Senators wrote to the Treasury Solicitor of the
Nation requesting that he take charge of the matter and find a solution to Mr.
Cantos’ request for an out-of-court settlement.46 On September 10, 1990, the Office
of the Treasury Solicitor authorized an effort to find a negotiated settlement between
Mr. Cantos and the Ministry of the Interior.47 In cases such as this one, the law48
provides that “in such cases, all court proceedings will have to be suspended.”49
i.
On June 6, 1991, Mr. Cantos filed a brief with the Supreme Court alluding to
the negotiated settlement process. He attached relevant documents and requested
that they be kept in a safe. He also requested certified copies of those documents.50
That same day, the Supreme Court sent the documents to the co-respondents for
five days.51 On July 4, 1991, the Office of the State’s Attorney for the Province
answered, alleging the procedural impropriety of the measure claimed by Mr. Cantos
inasmuch as it was time-barred and proper procedure was not followed.52 The
following day, the Ministry of the Interior denied that any such negotiated settlement
existed and stated that no State authority had signed such an agreement.53
j.
On June 15, 1992, the Office of the Treasury Solicitor ordered the Director of
the Legal Opinions Office and the Secretary of the National Settlements Commission
of the Solicitor’s Office to “report on the existence of the opinion that the agency
issued mentioning or analyzing the legal suit that Mr. José María Cantos had brought
against the Argentine State or the Province of Santiago del Estero.”54 The following
day, the Deputy Director General of Coordination of the State Attorneys Corps told
the National Director of the Office of Legal Opinions that no clearance had been given
for a negotiated agreement with Mr. Cantos.55 On July 2, 1992, the National
Treasury Solicitor spoke with the former solicitor, who denied the authenticity of the
opinions from the National Treasury Solicitor’s Office that bore his signature and that
were introduced as evidence in the case.56 On July 7, 1992, the Solicitor requested
45
Supreme Court Case File C-1099, Volume VIII, f. 1452.
46
Letters from lawmakers to the Treasury Solicitor of the Nation, supporting the out-of-court
settlement allowed under the law to settle the dispute pending from 1989, appendix 32 of the complaint.
47
Supreme Court Case File C-1099, Volume III, at 487 to 504; and Opinion of the Treasury
Solicitor of the Nation, September 12, 1990, appendix 35 of the complaint.
48
Law No. 23,696 and its regulatory decree No. 1105/89 (Article 55, paragraph g).
49
Supreme Court Case File C-1099, Volume III, f. 477 to 486.
50
Supreme Court Case File C-1099, Volume II, f. 382 et seq.
51
Supreme Court Case File C-1099, Volume II, f. 383 reverse side.
52
Supreme Court Case File C-1099, Volume II, f. 392 et seq.
53
Supreme Court Case File C-1099, Volume II, f. 394 et seq.
Supreme Court Case File C-1099, Volume III, f. 440.
54
55
Supreme Court Case File C-1099, Volume III, f. 444.
56
Supreme Court Case File C-1099, Volume III, f. 462.
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