7
“the [corresponding]encumbrances and attachments were applied on 06/12/1996 y
24/11/1997”, as per the judicial decision of March 17, 2006, and the note by the Federal
Administrator of the AFIP of February 13, 2008, whereby “in any of these assumptions,
the measures have expired.” In this regard, the State indicated that “it has fully complied
with the operative paragraph under consideration” and requested for the Court to declare
the closing of the procedure for monitoring compliance with operative paragraph four.
20.
That in its observations of March 17, and May 28, 2009, the representative
indicated that the circumstance presented by the State in the report of March 14, 2008
was “indescribable”, given that “after 5 (five) years and 4 (four) months after the ruling
of the [J]udgment on the referred case, [it reported] that the requirement both of the
[Court], the Honorable Commission, and the victim had been complied with since 20012002 due to the expiration of the measure by itself.” In this regard, the representative
highlighted the “lack of fairness in the duration of the proceeding, attributable to the
behavior of the competent authorities [of over 5 years…] to report that the measures had
expired since 2001-2002, meaning prior to the ruling of the [J]udgment.” However, the
representative did not refer specifically to the alleged compliance by the State, even
though the Court requested the submission of complementary information regarding the
current status of each of the reparations pending fulfillment (supra Having Seen 7).
21.
That in its observations of May 21, 2008, the Commission took cognizance of the
information presented by the State, according to which the precautionary measures
against Mr. Cantos had expired in conformity with Article 207 of the Code of Civil
Proceedings of Argentina.
22.
That the Court considered the information provided by the Court, according to
which, in conformity with Article 207 of the National Code of Civil and Commercial
Proceedings [of Argentina], the precautionary measures ruled against Mr. Cantos had
expired since 2001 and 2002, respectively. Consequently, these measures are currently
not in effect, according to the judicial decision of March 17, 2006, and the note of the
Federal administrator of the AFIP of February 13, 2008. Taking into consideration the
evidence submitted by the State, as well as the Commission’s observations, this Court
considers that the State has complied with the obligation contained in operative
paragraph four of the Judgment.
*
*
*
23.
That this Court values the full compliance with operative paragraphs one and four
of the Judgment on merits, reparations, and costs delivered by the Court on November
28, 2002, as well as partial compliance with operative paragraph three of the
aforementioned Judgment, regarding the payment of fees and expenses for Experts,
which constitutes an advance by the State in the execution and implementation of the
Court’s judgments.
*
*
*
24.
That the representative requested the Court to determine and apply some type of
sanction to the State, as it considers “its behavior inappropriate with regards to the