2
complaint; that information was also forwarded to the State. The latter requested a
number of extensions, which the Commission authorized. The State finally sent its
answer on December 23, 1996, and requested that the complaint be declared
inadmissible.
The following day, Argentina’s answer was forwarded to the
petitioners, who filed their reply on January 16, 1997. That reply was sent to
Argentina on January 22, 1997.
3.
On March 4, 1997, a hearing was held where the parties set out the facts and
the applicable law. On March 6, 1997, Mr. Cantos provided new facts to the effect
that the Argentine courts had made new and disproportionate demands upon Mr.
Cantos with regard to payment of attorneys’ fees.
He therefore asked the
Commission to adopt precautionary measures. Accordingly, on March 11, 1997, the
Commission requested precautionary measures to suspend attachment of Mr.
Cantos’ property.
4.
On March 13, 1997, the Commission made itself available to the parties with
a view to reaching a friendly settlement and, to that end, convened a hearing for
October 6, 1997. Three days after the hearing, the Argentine State reported that it
could not accede to the terms of the friendly settlement proposal drawn up during
that hearing. On November 3, 1997, the petitioners informed the Commission that
in their view, the conditions to arrive at a friendly settlement were not present. They
therefore asked the Commission to continue processing the case. That information
was conveyed to the State.
5.
On September 28, 1998, the Commission adopted Report No. 75/98 wherein
it concluded that Argentina had violated the rights to a fair trial and to judicial
protection provided for in Articles 8 and 25 of the American Convention and the right
to property established in its Article 21, “all of them in relation to the obligation of
the State to respect, investigate, punish and re-establish the violated rights as
required under Article 1(1) of that instrument.” The Commission also considered that
the State had violated Mr. Cantos’ right to a fair trial and his right of petition,
recognized in Articles XVIII and XXIV of the American Declaration of the Rights and
Duties of Man. In the operative part of Report No. 75/98, the Commission decides:
A.
To recommend that the State of Argentina re-establish all the rights of José
María Cantos and, among other measures, provide adequate reparation and
compensation for the above-mentioned violations […].
B.
To transmit this […] report to the State and grant it a period of two months to
adopt the necessary measures to comply with the preceding recommendation. In
accordance with the provisions of Article 50 of the American Convention, the State is not
authorized to publish this report.
C.
To notify the petitioners of the adoption of a report in this case under Article 50
of the American Convention.
6.
The Commission forwarded the report to the State on December 10, 1998.
The State, however, never offered any reply as to the recommendations adopted.
III
PROCEEDING BEFORE THE COURT
7.
On March 10, 1999, the Commission submitted its application to the InterAmerican Court (supra 1) setting out the facts upon which its case was based:
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