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a)
The material damages were those corresponding to the consequences
of the “loss that Mr. Cantos sustained when he did not win pecuniary
damages for the alleged violations of the right to due process, the
right to judicial protection and, both as a consequence of and by
reason of the circumstances of the case, the right to property. They
also pointed out that their client “will leave the amount of the material
damages entirely to the Court’s judgment, based on equity
considerations.” The representatives alleged that the material
damages that Mr. Cantos sustained were a consequence of “the
arbitrary judgment [of the Supreme Court of Justice in 1986, which]
stripped him of […] his right to bring an action.” They argued that the
right to bring a civil action is different from the right to a fair trial in
that a civil action can be measured by a sum of money and can even
be foregone. The representatives also pointed out that the 1982
agreement “set very clear guidelines as to the amounts in question”,
which was itself a public official’s acknowledgment of the losses that
Mr. Cantos had sustained.
b)
On the subject of nonmaterial damages, they pointed out that Mr.
Cantos had been the target of repeated instances of “judicial and
police persecution” that fall within the Court’s contentious jurisdiction.
They also pointed out that in persecution cases of this kind,
nonmaterial damages need not be proved because they are a
consequence of human nature. They cited the Court’s own case law to
support their argument. The representatives also pointed out that Mr.
Cantos had not received any compensation in Argentina for these
damages. They observed that Mr. Cantos has been “deprived of the
right to a family life plan.” Given all these factors, the representatives
of the alleged victim estimated nonmaterial damages at
US$100,000.00 (one hundred thousand United States dollars).
c)
Concerning other forms of reparation, they petitioned the Court to
order the State to nullify all after-effects of the domestic proceedings.
Specifically, they asked that the attachments and general property
encumbrances be lifted and, consequently, that all personal
information on Mr. Cantos on file with the corresponding public
agencies be expunged so that “no inaccurate or offending information”
should attach to the good name and honor of Mr. José María Cantos.
d)
As for costs and expenses, during the public hearing reference was
made to four trips made in connection with the case, for which records
were attached to the brief of reparations submitted. They estimated
that the expenses incurred with these trips totaled US$17,000.00
(seventeen thousand United States dollars) and petitioned the Court to
set their fees based on equity considerations.
e)
As for the manner of compliance, the victim’s representatives
requested that the State be ordered to make any payment exempt
from existing or future taxes. They again expressly petitioned the
Court not to send the case back to the domestic courts to determine
the damages owed, as the case could end up going directly to the
Supreme Court through the per saltum system. As for the time period
for compliance, the representatives asked the Court to order the State
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