Interior Affairs shall send the Court its opinion within five days. The Court shall reach a
decision without further processing within twenty (20) days of receiving the interventions.
Article 4. The benefit established in this law shall be equal to one thirtieth of the monthly
remuneration assigned to the top category of the pay scale for civilian personnel in the
national government (approved by Decree 1428 of February 22, 1973, or its replacement)
for each day the order referred to in article 2, subparagraphs a) and b) lasted, for each
beneficiary. For these purposes, monthly remuneration will be considered to include all the
parts of an agent’s salary subjected to retirement contributions, excluding special additions
(for seniority, title, etc.), and the amount shall correspond to the month in which the benefit
is granted.
To calculate the period described in the preceding paragraph, the Executive Decree ordering
the measure shall be used, or the arrest effectively carried out without an order from the
competent judicial authority, followed by its nullification, either by a specific action or as a
consequence of the end of the declaration of martial law.
House arrest or supervised release shall not be construed as an order having been rescinded.
[...]
32. This compensation policy was expanded and supplemented by other laws establishing
benefits for a variety of categories of victims of the dictatorships and their heirs.21 Additionally,
Law 27,143 of May 27, 2015, established that the benefits established in the collection of laws on
reparations do not expire.22
B.
The facts that took place with respect to Mr. Almeida during the
dictatorship
33. Mr. Rufina Jorge Almeida was born on May 4, 1956, in the city of La Plata and is married to
Ms. Claudia Graciela Esteves. On June 4, 1978, he was kidnapped by members of the Argentine
Armed Forces and security forces along with his wife.23 He was held for 54 days as a detaineedisappeared person in the secret detention camp known as “The Bank,”24 where he was tortured.25
34. Upon his release from detention on July 27, 1978, he was placed in a regime of "de facto
supervised release."26 Effectively, upon his release, Mr. Almeida and his wife were placed in the
custody of the former’s father. From that moment, a system of monitoring began that can be
compared to a supervised release regimen, in which they were visited by guards from the “El
Cf. Law 25,914 of August 4, 2004, establishing benefits for persons born while their mothers were deprived of
liberty or who, being minors, were detained because of their parents, as long as one of their parents had been
detained and/or disappeared for political reasons, upon the orders of the PEN and/or courts martial; Law 24,411 of
December 7, 1994, establishing the benefits to which the rightful claimants of forcedly disappeared persons shall be
entitled; and Law 26,913 of November 27, 2013, establishing a reparations regime for former political prisoners
(Expert witness report given before notary public by María José Guembe on August 26, 2020, evidence file, folios
1469 and 1480 to 1486).
21
Cf. Expert witness report given before notary public by María José Guembe on August 26, 2020 (evidence file,
folio 1486).
22
Cf. Testimony given before the Criminal Court by Rufino Jorge Almeida on March 13, 1987, in the case of
"Suarez Mason, Carlos Guillermo et al. regarding homicide and illegal deprivation of liberty,” (evidence file, folios 3
to 24).
23
Cf. Attestation given by the President of the National Appeals Chamber to the Subsecretariat of Human Rights
on June 24, 1996 (evidence file, folio 663).
24
Cf. Testimony given before the Criminal Court by Rufino Jorge Almeida on March 13, 1987, in the case of
"Suarez Mason, Carlos Guillermo et al. regarding homicide and illegal deprivation of liberty,” (evidence file, folios 3
to 24).
25
26
Cf. Petition presented before the Commission, June 26, 2000 (evidence file, folio 280).
10