juridical certainty and clarity, but also to focus the parties’ attention on
the key issues those cases entail.1
A.
The Commission’s competence ratione personae, ratione
temporis, and ratione materiae
28. The Commission has active and passive ratione personae
competence (i.e., competence vis-à-vis the persons involved) to hear
this case in that, first, the petitioner alleges that a state party thereto-specifically, Argentina2--violated provisions of the Convention and the
Declaration, affecting Ms. Perrone and Mr. Preckel, the presumed victims
of said violations.
29. Secondly, as regards ratione temporis competence (i.e., in
terms of when the incidents occurred), the Commission notes that the
petitioner expressly excludes from the substance of the petition the
deprivation of freedom and the cruel and inhuman treatments that
began during the 1970s, since they were covered by the benefits that
the alleged victims received under Law 24.043. Neither does the petition
cover the General Tax Directorate’s 1983 decision that ruled that
Perrone and Preckel were not liable in the administrative proceedings.
30. However, the petitioner’s complaint does cover the decisions
by the Ministry of the Economy that rejected the claims made by the
two in 1987. In addition, the petitioner notes that the complaint before
the Commission also covers the subsequent judicial rulings of the firstinstance court and the national contentious-administrative appeals
chamber. The Commission notes that the aforesaid decisions were
handed down after the Convention had come into force for Argentina
and, consequently, they will be examined as alleged violations of the
Convention.
31. Thirdly, as regards ratione materiae competence (i.e., vis-àvis the substantive issues of the case), the petition alleges violations of
the right to a fair trial (Article 8 of the Convention), to property (Article
21), and to equality before the law (Article 24), as well as of the
obligation of respecting those rights and of adopting domestic legal
provisions (Articles 1 and 2). Similarly, the petitioner claims there were
violations of the right to work and fair remuneration (Article XIV), to the
1
See, inter alia, Inter-American Commission on Human Rights, Annual Report 1998,
Report Nº 49/97, Case 11.520, Tomás Porfirio Rondín et al., “Aguas Blancas” (Mexico),
OEA/Ser/L/V/II.98, February 18, 1998, paragraph 50, p. 8.
2
Argentina deposited its instrument ratifying the Convention at the General Secretariat
of the Organization of American States on September 5, 1984.
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