this. 84 According to the members of the Management Committee of the Italian Association, Mrs. Sulich de Mémoli was not accepted as an assistant for the Italian course, because “according to the teacher offering the course, her appointment was unnecessary,” as was the holding of a public competition. 85 68. On March 21, 1990, this dispute was aired in an Assembly of the Italian Association, during which it was decided to suspend Carlos Mémoli and his wife from the Association for 24 months. 86 The Mémolis appealed against this suspension from the Association. However, the suspension was confirmed during an Assembly of the Italian Association on May 11, 1990. 87 69. On April 11, 1990, Carlos Mémoli filed a criminal complaint against Antonio Guarracino, Humberto Romanello and Juan Bernardo Piriz, members of the Management Committee of the Italian Association, before the Criminal Judge of the province of Buenos Aires, indicating that the offer of the burial niches constituted “the offense of fraud” because “the lot where the vault of [the Italian Association] is situated is located on land belonging to the public domain.” 88 According to the versions of Carlos and Pablo Mémoli, this complaint was made at the request of several members of the Association. 89 70. On June 6, 1990, the Judge responsible for hearing the complaint for fraud in the case of the burial niches decided to dismiss the case provisionally, because “there was insufficient merit.” In his decision, the Judge indicated that, based on “all the documents in the proceedings,” he “had to presume that [the accused] committed an excusable legal error by structuring the use of burial niches [… by means of sales contracts] owing to erroneous advice.” Thus, he considered that the accused “were acting in good faith; in other words, without ruses or deceit or any other fraudulent conduct.” Nevertheless, the Judge recognized that “from the first, a contract with an impossible purpose was decided, which was naturally invalid,” but that this was changed for a commodate agreement “without prejudice to the 84 Cf. Communiqué (solicitada) entitled “Autoritarismo e irregularidades de una Comisión Directiva” published by Carlos Mémoli in the newspaper La Libertad on April 14, 1990 (file of annexes to the State’s final written arguments, annex III, folio 3881); transcript of the program broadcast by Radio Vall on May 10, 1990 included in the case file of the criminal proceeding (file of annexes to the State’s final written arguments, annex III, folio 3923), and Report of the INAM Monitoring Department, of April 1991 (file of annexes to the State’s final written arguments, annex III, folios 3901 and 3903). 85 Cf. Communiqué of May 9, 1990, issued by the members of the Management Committee (file of annexes to the State’s final written arguments, annex III, folios 3928 and 3930), and complaint for libel and defamation against Carlos and Pablo Mémoli, filed by Alberto Salaberry, on behalf of Antonio Guarracino, Humberto Romanello and Juan Bernardo Piriz (file of annexes to the State’s final written arguments, annex III, folio 4153). 86 Cf. Report of the Head of the INAM Monitoring Department of April1991 (file of annexes to the State’s final written arguments, annex III, folio 3901); report of the Head of the INAM Legal Affairs Department of May 13, 1991 (file of annexes to the State’s final written arguments, annex III, folio 3906) and judgment of Court No. 7 for Criminal and Correctional Matters of the Judicial Department of Mercedes of December 29, 1994, case No. 71,114 (file of annexes to the Merits Report, annex 3, folios 132 and 133). 87 Cf. Report of the INAM Monitoring Department of April 1991 (file of annexes to the State’s final written arguments, annex III, folio 3901); report of the INAM Monitoring Department of May 13, 1991 (file of annexes to the State’s final written arguments, annex III, folio 3906), and judgment of Court No. 7 for Criminal and Correctional Matters of the Judicial Department of Mercedes of December 29, 1994, case No. 71,114 (file of annexes to the Merits Report, annex 3, folios 132 and 133). 88 Decision of June 6, 1990, of the Criminal Judge of the province of Buenos Aires in case No. 73,679 (file of annexes to the Merits Report, annex 4, folio 218). 89 Cf. Transcript of the program broadcast by Radio Vall on May 10, 1990, included in the case file of the criminal proceeding (file of annexes to the State’s final written arguments, annex III, folio 3926); transcript of the program broadcast by Radio Vall on May 4, 1990, included in the case file of the criminal proceeding (file of annexes to the State’s final written arguments, annex III, folios 3915 and 3916), and brief of March 2, 1998, signed by Carlos Mémoli answering the civil complaint (file of annexes to the Merits Report, annex 21, folio 275). 26