10.
The representative also observed that the interest rate that should have been
applied to the payments made in Argentine pesos corresponded to the price of “hard
currency,” rather than the “dollar exchange rate” allegedly applied by the State, for
which the State provided spreadsheets from the National Bank of Argentina showing
the dollar’s rate on the relevant dates. The representative stressed that “the market
value of the dollar should only be considered in international business transactions
and not in compensation of any kind that the State is obligated to pay.” The
representative noted that the payments made to Mr. Juan Francisco Bueno Alves,
Ms. Ivonne Miriam Bueno, and Mr. Juan Francisco Bueno were subject to taxes,
which were later reimbursed, but that the State was nonetheless obligated to pay
interest for the period in which the taxes were withheld.7 The representative also
expressed opposition to the manner in which the State allocated its payments,
arguing that “Argentine law regarding financial obligations is dealt with in its Civil
Code [and] provides that the creditor is the one who charges payments, first paying
out interest and then the principal.” Regarding the spreadsheet showing the
“Authorization of Payment Credit” mentioned by the State, the representative
pointed out that Mr. Bueno Alves’s signature was required by the Office of Liabilities
of the Treasury “as an obligatory condition for [...] paying him the amount ordered
by the Court, without mentioning [to him] the printed text at the bottom of the
page.” The representative also added that several victims were owed different sums
due to the “transfer commissions” charged by the National Bank of Argentina’s
The
branch in Montevideo, which were not provided for in the Judgment.8
representative proceeded to argue that Verónica Inés Bueno and María del Carmen
Afonso are owed an account maintenance fee also charged by this bank.9 Lastly, the
representative pointed out that in April 2011, Mr. Bueno Alves was asked to pay
taxes on the compensation awarded to him by the Court.
11.
Concerning the discussion between the parties on accrued interest and the
applicable exchange rate, the Commission found that “in case of ambiguity, the
interpretation most favorable to the victim of human rights violations is the one that
will be applied.” Moreover, the Commission noted “with concern” that “deductions
7
In particular, the representative indicated that the State should pay Mr. Bueno Alves $981.25
(nine hundred eighty-one Argentine pesos and twenty-five cents), for the 56-day withholding of the first
payment made to his benefit, and $238.68 (two hundred thirty-eight Argentine pesos and sixty-eight
cents) for the 52-day withholding of the second payment. In a later written submission, having updated
the calculation to May 31, 2011, the representative indicated that the balance owed for tax withholdings
on the compensation calculated by the State was $2,101.55 (two thousand one hundred and one
Argentine pesos and fifty-five cents) and that the balance owed for tax withholdings from interest on
compensation totaled $495.36 (four hundred ninety-five Argentine pesos and thirty-six cents). Likewise,
the representative assessed the State as owing $11.67 (eleven Argentine pesos and sixty-seven cents) for
the 17-day withholding of a portion of each of the payments made to Juan Francisco Bueno and Ivonne
Miriam Bueno. In a later written submission, the representative indicated that the balance owed for tax
withholdings on the compensation calculated by the State for the two children of Mr. Bueno Alves, updated
on May 31, 2011, was $24.21 (twenty-four Argentine pesos and twenty-one cents) and that the balance
owed for tax withholdings from interest on compensation was in the amount of $521.70 (five hundred
twenty-one Argentine pesos and seventy cents) each. Cf. Spreadsheet of debt calculation, supra note 7,
folios 1203 and 1204).
8
According to the representative, as of May 31, 2011, the withholding from Verónica Inés Bueno
and María del Carmen Afonso Fernández would result in an account balance for each in the amount of
$100.49 (one hundred Argentine pesos and forty-nine cents). Cf. Spreadsheet of debt calculation, supra
nota 7, folio 1205).
9
According to the representative, on May 31, 2011, the account balance for this withholding was in
the amount of $343.12 (three hundred forty-three Argentine pesos and twelve cents) Cf. Spreadsheet of
debt calculation, supra nota 7, folio 1208).
6