72. In April 1991, the Italian Association convened its regular General Assembly, including on the agenda a request of several members of the entity to expel from the Association Carlos Mémoli and his wife, who had been suspended since March 1990 (supra para. 68). In “letters document” (cartas documentos) 94 of April 4 and 12, 1991, Carlos Mémoli and Daisy Sulich de Mémoli were informed of this situation “[i]n order to guarantee their right of defense.” 95 In response, on April 16, 1991, Mr. Mémoli and Mrs. Sulich de Mémoli communicated their “irrevocable resignation of their membership in the association.” 96 73. During and after these events, Carlos Mémoli sent a series of “letters document” to the members of the Management Committee of the Italian Association, and also, together with his son, Pablo Mémoli, published several articles in La Libertad and took part in radio broadcasts, denouncing these situations and others, which they characterized as irregularities or noncompliance with the norms in force by the said Management Committee. 97 B. Criminal proceeding against Carlos and Pablo Mémoli 74. In April 1992 Antonio Guarracino, Humberto Romanello and Juan Bernardo Piriz (hereinafter “the complainants,” or “the plaintiffs,” in the civil proceeding – infra paras. 95 to 108) filed a “complain for libel and defamation against Pablo Mémoli and Carlos Mémoli.” 98 The complainants stated that, after “Daisy Sulich de Mémoli [had not been hired] as a teacher at the Italian School, […] [Carlos Mémoli and Pablo Mémoli] began a smear campaign against [the complainants]” (supra paras. 67 and 73). 99 In particular, the complainants accused the presumed victims owing to statements made in around twenty documents or interventions in newspaper articles, ‘letters document,’ and communiqués (solicitadas), as well as interventions in radio programs, where the presumed victims had referred to the administration of the Italian Association and the case of the burial niches. 100 94 According to the information in the case file, a “letter document” is a type of official document in Argentina (based on the way in which it is sent and the formalities observed). The Court understands that it consists in a letter by which the sender formally requires the recipient to do something, or officially notifies the latter of something, and it constitutes a form of legal notification that is valid without judicial procedures and that does not require notarizing. 95 “Letters document” of April 4 and 12, 1991, addressed to Carlos Mémoli and Daisy Sulich de Mémoli by the Italian Association (file of annexes to the State’s final written arguments, annex III, folios 3983 to 3990). 96 “Letter document” of April 16, 1991, signed by Carlos Mémoli and addressed to the President of the Italian Association presenting his resignation from the Association (file of annexes to the State’s final written arguments, annex III, folios 3991 to 3994), and “letter document” of April 16, 1991, signed by Daisy Sulich de Mémoli and addressed to the President of the Italian Association presenting her resignation from the Association (file of annexes to the State’s final written arguments, annex III, folios 3995 and 3996). 97 Cf. Judgment of Court No. 7 for Criminal and Correctional Affairs of the Judicial Department of Mercedes of December 29, 1994, case No. 71,114 (file of annexes to the Merits Report, annex 3, folios 133 and 175), and special federal appeal filed on October 8, 1996 (file of annexes to the Merits Report, annex 1, folio 10). 98 Judgment of Court No. 7 for Criminal and Correctional Affairs of the Judicial Department of Mercedes of December 29, 1994, case No. 71,114 (file of annexes to the Merits Report, annex 3, folio 131), and complaint for libel and defamation against Carlos and Pablo Mémoli, filed by Alberto Salaberry, on behalf of Antonio Guarracino, Humberto Romanello and Juan Bernardo Piriz (file of annexes to the State’s final written arguments, annex III, folios 4151 to 4192). 99 Judgment of Court No. 7 for Criminal and Correctional Affairs of the Judicial Department of Mercedes of December 29, 1994, case No. 71,114 (file of annexes to the Merits Report, annex 3, folio 132). 100 In particular, the complainants denounced Messrs. Mémoli for four letters document of April 6, 1990; several publications made in the newspaper La Libertad between April 14, 1990, and November 25, 1990, and also on May 28, 1991; certain documents presented to INAM dated May 3, and June 21 and 27, 1990, and their interventions in two programs broadcast by Radio Vall on May 4 and 10, 1990. Cf. Complaint for libel and defamation against Carlos and Pablo Mémoli, filed by Alberto Salaberry, on behalf of Antonio Guarracino, Humberto Romanello and Juan Bernardo Piriz (file of annexes to the State’s final written arguments, annex III, folios 4154, 4167, 4172 to 4180). 28