58
Arguments of the representatives of the next of kin of the victim
154. With respect to the mode of compliance with the reparations claimed, the
representatives requested the following:
a)
b)
c)
d)
e)
that the State pay compensation and adopt the other measures
ordered by the Court, within six months of the date it receives notice
of the judgment on reparations issued by the Court;
that payment of compensation be made directly to the victims or to
their next of kin who are adults or their heirs;
that said payment be made in United States dollars or an equivalent
sum, in cash and in national Argentinean currency, at its exchange
rate with respect to the United States dollar on the day before the
payment is made;
that payment of compensation be exempted from all currently existing
taxes and those that may be decreed in the future; and
that if the State should be in arrears, it pay interest on the amount
owed, according to the interest rate for arrearages in the Argentinean
banking system.
The representatives also pointed out, with respect to the observation of the State
that as a result of the adoption of various economic provisions there has been a
strong devaluation of the Argentine currency vis-à-vis that of the United States, that
it “reaffirm[ed] that [it] does not seek to obtain undue enrichment, and therefore [it]
wish[ed] to express [its] intention to submit to whatever the [...] Court deems fair
as regards updating of the amount of compensation.”
Arguments of the Commission
155. The Commission endorsed the requests of the representatives regarding mode
of compliance with the measures of reparation.
Arguments of the State
156. With respect to the amounts requested by the representatives of the next of
kin of the alleged victim and the Inter-American Commission, the State pointed out
that:
a)
b)
c)
they are expressed in United States dollars, despite the fact that at the
time of filing of the brief on reparations, Convertibility Law No. 23,928
was in force in Argentina, and it established, among other things,
parity between Argentinean currency and the United States dollar.
Said law was annulled on January 6, 2002 by Law No. 25,561, and
Argentinean currency underwent devaluation with respect to United
States currency;
comparison between the claim made in the instant case and others
being processed under domestic jurisdiction, which have been affected
by the aforementioned monetary devaluation, would demonstrate
inequality; and
if the amounts claimed were to remain the same and at the exchange
rate set in the brief on reparations, the amounts claimed would be
excessive.
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