General Tax Directorate--do not allow the object of the suit in question
to be turned into a damages suit.
37. The Commission notes that the petitioner’s allegations
essentially address the judicial authorities’ refusal to admit its claim
based on the payment obligations incumbent on the General Tax
Directorate as the employer. Contentious-administrative proceedings,
as used by the alleged victims in their attempt to secure payment of
their job earnings, differ from civil actions for damages. The petitioner
stated in the case file that the issue is not the responsibility of the State
through its illegal actions of arrest and torture, but rather that of the
employer, an autonomous State agency that ordered them to be
suspended from work and did not pay their wages during the period of
their arrest Under these circumstances, the Commission believes that
Ms. Perrone and Mr. Preckel have invoked and exhausted the
appropriate remedies available in the Argentine legal system for
resolving their situation. Consequently, the Commission holds that
domestic remedies have been exhausted in accordance with Article
46(1)(b) of the Convention.
b.
Filing period
38. In this case, the ruling of the Supreme Court of Justice
rejecting the appeal filed against the dismissal of the extraordinary
remedy was handed down on June 11, 1996, in the proceedings dealing
with Ms. Perrone and Mr. Preckel. The petitions were filed with the
Commission on December 9, 1996, (Ms. Perrone) and December 13,
1996 (Mr. Preckel). The Commission holds that Ms. Perrone’s petition
was submitted within the prescribed six-month period. Mr. Preckel’s
petition, however, was one day late. The State made no claim regarding
failure to comply with this requirement. Since the petitions were
combined and since the State made no objection the Commission holds
that the filing period requirement set forth in Article 46(1)(b) of the
Convention has been met.
c.
Duplication of proceedings and res judicata
39. Article 46(1)(c) stipulates that to be admissible, a petition
must not cover a question pending in any other international proceeding
(nonduplication) and Article 47(d) requires that the petition not be
substantially the same as one previously studied by the Commission or
by another international organization (res judicata). In the case at hand,
the parties have neither claimed nor proved the existence of either of
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