7
The Commission and the victim’s representatives presented the following final
pleadings:
a)
That the Court find that the Argentine State violated and continues to
violate the right to a fair trial and the right to judicial protection, protected under
Articles 8 and 25 of the Convention, respectively, and the right to property recognized in
Article 21 of the Convention, all in relation to that State’s obligation under Article 1(1) of
the Convention, to respect the rights recognized in the Convention and ensure their free
and full exercise. That the Court also find that Articles XVIII and XXIV of the American
Declaration have been violated.
b)
That the State order that Mr. José María Cantos be restored to the full
enjoyment of his rights and, inter alia, be given adequate reparation and compensation
for the aforesaid violations, pursuant to Article 63(1) of the Convention.
c)
That Argentina be ordered to effect payment of the sums
corresponding to material and moral damages within no more than 6 months of the
notification of the Honorable Court’s judgment, plus interest in the event of delinquency,
at the delinquency interest rate that Argentine banks charge.
d)
That the Honorable Court is asked to set an equitable sum for court
costs and expenses, including those incurred for travel and accommodations and the
fees of the attorneys representing José María Cantos. It is requested that the State be
ordered to pay those sums of money within six months, plus interest in the event of
delinquency, at the interest rate that Argentine banks charge for delinquency. The
Honorable Court is asked to order that the payments for material and moral damages
and costs and expenses, including the fees of the representatives of the original plaintiff,
be exempt from any existing or future tax or charge.
e)
That the Honorable Court order that any attachments or other general
property encumbrances resulting from the legal action undertaken by José María Cantos
with the Supreme Court be lifted and that his personal records with the corresponding
public agencies be expunged so that José María Cantos’ reputation and honor are not
sullied by inaccurate or offending information.
f)
It is once again requested that the matter not be referred back to the
domestic courts to fix the amount of compensation, bearing in mind the arguments
made by the representatives of the plaintiff when the submissions on reparations were
presented, and inasmuch as the Argentine judicial system is in a state of collapse
because, among other reasons, of the socio-economic measures adopted by the
government, which are public knowledge.
Argentina, for its part, requests that the Court dismiss the application and
underscores the following in its final arguments:
From the allegations made by representatives [of the alleged victim] and from
the testimony given in the public hearing of June 17, 2002, the following conclusions can
be drawn:
a)
The Argentine Republic has not committed any violation of Article 8(1)
of the Convention to the detriment of Mr. Cantos, because:
It was Mr. Cantos who filed a baseless claim with the Argentine Supreme
Court, seeking astronomical sums virtually unprecedented in the judicial history of the
Argentine Republic.
It was Mr. Cantos who determined and manipulated the duration of the
proceedings before Argentina’s Supreme Court.
It was Mr. Cantos who consented to and even sought rulings by the
Supreme Court such as deferment of the preliminary objections until the final ruling was
handed down.
It was Mr. Cantos who, either by his unfathomable inaction or by his clearly
immaterial and irrelevant motions calculated to delay the proceedings, succeeded in
dragging out what even the Commission itself acknowledged was a complex case.
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