11
34.
In the brief containing its final arguments, the State supplied a copy of Law
No. 23,898 and tables on the fees of domestic court proceedings in Argentina,
involving a total of 3 documents.
*
*
*
B) TESTIMONIAL EVIDENCE
35.
At the public hearing held on June 21, 2002, the Court received the
statements of the witnesses offered by the Inter-American Commission. Those
statements are summarized below, in the order in which they were given:
a)
Statement by José María Cantos
Mr. Cantos filed his complaint with the Supreme Court only after bringing claims in
the administrative-law courts. He did so expecting to receive some redress, moral
compensation above all, for the damages he sustained in the seventies when, he
alleged, State agents persecuted his family and property.
He litigated personally for 10 years. He personally prepared almost everything
presented to the Supreme Court. Attorneys simply signed the papers, having agreed
to lend him the use of their signature, as he did not have the funds to pay the costs
of legal counsel to handle the trial. Most of his briefs were rejected as improper or
false.
He pointed out that the amount of relief being sought in the claim was established
through a procedure done with the Treasury Solicitor’s Office. The sum it established
was so illusory that he decided to donate any Court-awarded damages to his
province. He asked to settle accounts at the end of the case with the Supreme
Court.
When he did not win his case in the Supreme Court, Mr. Cantos decided to seek legal
counsel to turn to international jurisdiction and thus filed with the inter-American
system.
b)
attorney
Statement by María Dolores Retondo de Spaini, Mr. Cantos’
The witness met Mr. Cantos in 1977, at a time when the “atmosphere in Santiago del
Estero [was one of] political oppression and personal oppression.” She was legal
counsel to Radiodifusora de Santiago del Estero, whose majority shareholder was Mr.
Cantos.
She learned of the criminal case brought against Mr. Cantos for allegedly forging the
1982 agreement. The charges were being brought by the Santiago del Estero
prosecutor’s office, which believed that the signature on the agreement was false.
She said that she learned from the presiding judge in the case that the only side to
produce evidence in that case was Mr. Cantos and that he was acquitted because the
forgery was not proved; instead, experts brought by Mr. Cantos showed that the
signatures on the agreement were genuine. On appeal, the ruling was reviewed by
the Federal Court and vacated on the grounds that the prosecutor who tried the case
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