was held in the illegal detention camp, without taking into account the time he was subjected to
a regimen of de facto supervised release (supra para. 35). Mr. Almeida filed a special appeal
before the National Federal Contentious Administrative Chamber, which was denied.
51. Following the Supreme Court of Justice’s change in its stance on the matter with the Noro
case in 1997, Mr. Almeida filed a special appeal of the resolution of the National Federal
Contentious Administrative Chamber, properly referencing the change in caselaw. However, his
appeal was denied (supra para. 39) and the motion for reconsideration of dismissal of appeal filed
before the Supreme Court of Justice was declared inadmissible. Based on the precedent set in the
2003 Robasto case, the administrative authorities began systematically applying the criteria of
treating de jure and de facto situations of supervised release the same for the purposes of
establishing the benefits provided for under Law 24,043. This encouraged Mr. Almeida to present
to the Ministry of Justice and Human Rights an appeal for revocation of the decisions previously
adopted. The appeal was denied on the grounds that Mr. Almeida was requesting modification of
a judicial judgment (supra 41).
52. However, for his wife, Claudia Graciela Estevez, whose factual situation was exactly the
same as that of Mr. Almeida and who, in 1999, had also been denied in the administrative forum
the compensation established in Law 24,043 with regard to the amount of time she was subject
to de facto supervised release, the Ministry of Justice and Human Rights decided via a resolution
of May 22, 2015, to grant her the benefit, in application of the precedents established in the Noro
and Robasto cases. That is, in response to a factually identical situation regarding the supervised
release to which both Mr. Almeida and Ms. Estevez were subjected, the former was treated
differently without justification regarding the benefit provided for under Law 24,043, with respect
to the period during which he was subjected to a regimen of de facto supervised release, in
violation of Article 24 of the Convention.
53. Thus, the State’s recognition entails acknowledging that Mr. Almeida did not have access to
an effective remedy or process enabling application of the new interpretive criteria for Law 24,043
to his case and definitively putting an end to the inequality to which he had been subjected by the
failure to take into account the days during which he was under de facto supervised release when
calculating the compensation provided for under that law. The Court therefore concludes that the
State was responsible for the violation of articles 8(1), 24, and 25(1) of the Convention, in relation
to articles 1(1) and 2 of the same instrument, to the detriment of Mr. Almeida.
VIII
REPARATIONS
54. Based on Article 63(1) of the American Convention, the Court has indicated that any
violation of an international obligation that has caused harm entails the duty to make adequate
reparation and that this provision reflects a customary norm that constitutes one of the
fundamental principles of contemporary international law on State responsibility.57
55. Reparation of the harm caused by the violation of an international obligation requires, insofar
as possible, full restitution (restitutio in integrum), which consists in the restoration of the previous
situation. If this is not possible, as in most cases of human rights violations, the Court will
determine measures to guarantee the rights that have been violated and to redress the
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C No.
7, para. 25, and Case of Olivares Muñoz et al. v. Venezuela, supra, para. 142.
57
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