4
7.
On March 13, 1997, the Commission made itself available to the parties in
order to reach a friendly settlement and, to this end, convened a hearing on October
6, 1997. Three days after this, the State of Argentina advised that it could not agree
to the proposal of a friendly settlement made at the said hearing.
8.
On November 3, 1997, the petitioners informed the Commission that, in their
opinion, it would not be possible to reach a friendly settlement at that time and that
it should continue processing the case. This information was forwarded to the State.
The petitioners sent the Commission further documents relating to the status of the
domestic judicial and administrative proceedings and investigations, and the
Commission forwarded the pertinent parts to the State.
9.
On September 28, 1998, the Commission adopted Report No. 75/98 and
remitted it to the State on December 10 that year. The Commission concluded that
Argentina had violated the rights to a fair trial and judicial protection stipulated in
Articles 8 and 25 of the American Convention and the right to property established in
its Article 21, “all of them in relation to the obligation of the State to respect,
investigate, punish and re-establish the violated rights indicated in Article 1(1) of
that instrument.” The Commission also considered that the State had violated the
right to a fair trial and the right of petition set forth in Articles 18 and 24 of the
American Declaration with regard to Mr. Cantos. In the operative part of Report No.
75/98, the Commission decided:
A.
To recommend that the State of Argentina re-establish all the rights of José
María Cantos and, among other measures, provide adequate reparation and
compensation for the above-mentioned violations […].
B.
To transmit this report to the State and grant it a period of two months to
adopt the necessary measures to comply with the preceding recommendation. In
accordance with the provisions of Article 50 of the American Convention, the State is not
authorized to publish this report.
C.
To notify the petitioner of the adoption of a report in this case under Article 50 of
the American Convention.
10.
On March 10, 1999, the Commission submitted the case to the InterAmerican Court (supra § 1).
IV
PROCEEDING BEFORE THE COURT
11.
In its application, the Inter-American Commission pled as follows:
Based on the denial of justice of which José María Cantos has been a victim, by the
Argentine authorities, who arbitrarily abstained from effectively repairing the grave
damages that State agents caused him, the Commission requests the Honorable Court to
deliver judgment in this case declaring that the State of Argentina has violated and
continues to violate the rights to a fair trial and judicial protection stipulated in Articles 8
and 25 of the Convention and the right to property recognized in its Article 21, all of
them in relation to the obligation of the said State to respect, investigate, punish and reestablish the violated rights indicated in Article 1(1) of that instrument.
The Commission also requests the Honorable Court:
1.
To declare that the State has violated the following rights of Mr. Cantos
embodied in the American Declaration: the right to a fair trial (Article XVIII) and the
right of petition (Article XXIV).