32
beneficiaries) is governed by international law, none of which the respondent State
may alter or decline to perform by relying on the provisions of its own domestic
laws.111
69.
What follows is a brief summation of the arguments made by the InterAmerican Commission and by the victims’ representatives on the question of
reparations:
The Commission’s arguments
In its submissions, the Commission made the following petitions regarding
reparations, court costs and expenses:
111
a)
In the case of material damages, it reiterated that the Argentine
Republic violated the right to due process in the Supreme Court
proceedings that ended in the September 3, 1996 judgment by
frustrating Mr. Cantos expectation that the Court would order
performance of the agreement signed with the then Governor of
Santiago del Estero; but it also violated his right to due process by
ordering that Mr. Cantos pay court costs totaling approximately
US$140.000.000,00 (one hundred forty million United States dollars);
it also ordered a general attachment on Mr. Cantos’ assets and other
encumbrances in exercise of the right of jurisdiction. Therefore, the
State should “pay any and all fees ordered for experts [and] attorneys
and pay the filing fee.” By reason of the foregoing, the Commission
petitioned the Court to set the amount corresponding to material
damages based on equity considerations.
b)
The Commission stated that the nonmaterial damages should factor in
the mental anguish that Mr. José María Cantos and his family suffered.
It should also consider “the repeated trips that [Mr.] Cantos made to
Buenos Aires from Santiago del Estero, struggling with judicial and
police harassment [and] with the consequences of having to leave the
family home continually,” depriving him of his “family life plan.” The
Commission also stated that “[t]he abuse of administrative as well as
judicial complaints, all calculated to obstruct the original plaintiff, to
secure fail-safe measures that would hurt him not just in terms of his
assets but also in terms of his family, social and cultural life,
necessarily translates into violations of the Convention” and, in
particular, frustrated the life plan of Mr. Cantos and his family.
Therefore, it considers US$100,000.00 (one hundred thousand United
States dollars) to be an equitable sum.
c)
As for other forms of reparation, the Commission petitioned the Court
to redress the consequences of the violations of Articles 8, 21 and 25
by ordering that any attachments or other encumbrances temporarily
ordered against the property of Mr. Cantos be lifted, and that all
personal information on Mr. Cantos on file with the corresponding
public agencies be expunged so that no inaccurate or offending
Cf. El Caracazo Case, Reparations, supra note 5, par. 77; Hilaire, Constantine and Benjamin et al.
Case, supra note 5, par. 203; and Trujillo Oroza Case, Reparations, supra note 6, par. 61.
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