2
José María Cantos was the owner of an important business group in the province of
Santiago del Estero in Argentina. This group comprised the companies Citrícola del
Norte, Canroz S.A., José María Cantos S.R.L., Rumbo S.A., José María Cantos S.A.,
Miguel Ángel Cantos S.A. and Marta Inés S.A. Mr. Canto was also the principal
shareholder of Radiodifusora Santiago del Estero S.A.C. and of the Nuevo Banco de
Santiago del Estero and owned rural and urban properties in that province. The
above-mentioned companies employed over 700 persons.
In March 1972, the Revenue Department of the Province, headed at that time
by Luis María J. J. Peña, conducted a series of searches in the administrative offices
of Mr. Canto’s companies, owing to an alleged violation of the Stamp Act3. During
these procedures, all the accounting documentation, company books and records,
receipts and supporting documents of payments by those companies to third parties
and suppliers, as well as numerous shares and securities were seized, without being
inventoried.
From then on there were financial losses, because the said companies could
not operate, owing to the lack of the company documents and also due to the
impossibility of setting up a defense against liens filed by third parties to exact
payment of bills that had already been settled.
Since March 1972, Mr. Cantos has filed various lawsuits to defend his
interests. In this respect, at that time, he filed a criminal complaint against the
Director General of Revenue of the Province.
Two months later he filed an
application for amparo, which was unsuccessful. On September 10, 1973, he filed an
administrative claim preparatory to the judicial complaint before the Federal Auditor
of the Province, to have the losses caused by the searches and the retention of the
business documentation by officials of the Revenue Department of the Province
acknowledged. The amount of the losses was estimated at 40,029,070.00 pesos
(forty million twenty-nine thousand and seventy pesos) under Act 18,1884. This
claim was expanded on May 23, 1974, when the losses were estimated at
90,214,669.10 pesos (ninety million two hundred and fourteen thousand six hundred
and sixty-nine pesos and ten cents) under Act 18,188. In view of the lack of
response, on June 6, 1974, and April 26, 1976, Mr. Cantos requested “fast-track”
settlement of the administrative claim.
Apart from the lawsuits he filed, José María Cantos reached an agreement
with the Government of the Province of Santiago del Estero on July 15, 1982, by
which the latter acknowledged a debt towards a group of his companies, and
established a compensatory amount and a date to comply with this obligation.
As a result of the lawsuits he had filed, Mr. Canto was subjected to
“systematic persecution and harassment by State agents.” For example, Mr. Cantos
was detained incommunicado more than 30 times by police agents. His sons, who
were minors at the time, were detained on several occasions and police agents were
even posted outside his house on a permanent basis to impede anyone from entering
or leaving. According to the records of the Police Force of the Province of Santiago
del Estero, from 1972 to 1985, 17 different cases were filed against José María
3
The Stamp Act relates to registration and stamp taxes.
4
The Act of April 15, 1969, which states that 100 pesos would be equal to one “peso Act 18,188.”