24. The State believes that the indemnification granted has satisfied the claims of Ms. Perrone and Mr. Preckel, in obtaining the benefit set forth in Law 24.043 for individuals who, during the state of siege, were placed in the national executive’s custody, regardless of whether or not they began proceedings for damages, and provided that they had received no indemnification under a judicial ruling in connection with the actions covered by said law. 25. Article 9 of Law 24.043 stipulates that “payment of the benefit implies relinquishment of all right to indemnification for damages arising from deprivation of freedom, arrest, being kept under executive custody, death, or physical injury and shall exclude all other benefits or indemnifications for the same cause.” It cannot be argued that this was a special situation, since all the individuals who have received indemnification were prevented from working or practicing their trade, industry, or profession and, consequently, from receiving payment by the same cause: their arrest. The State’s reparations policy for the causes addressed herein can be found in the friendly settlement reached in case Nº 10.288 and other cases in the Commission’s archive and is reflected in Decree Nº 70/91; Law 24.043 subsequently extended the scope of the beneficiaries. In report Nº 1/93 the Commission expressed its recognition of the Argentine State’s having made compensation payments that were accepted by the petitioners and based on respect for human rights. 26. The State understands that the Commission considers that the benefits granted by Law 24.043 constitute redress in the sense used in the inter-American human rights system and are a substitute for damages. Consequently, all claims related to the facts that make up the juridical substance of the provision are subsumed by receipt of that benefit, which comprises in totum [totally] the payment of all amounts that could arise therefrom. Since Perrone and Preckel invoked the provisions of the State’s reparations policy, the State has covered the responsibility due to it for the petitioners’ arrest, and therefore this petition does not deal with facts that represent a violation of protected rights. IV. ANALYSIS OF ADMISSIBILITY 27. The Commission’s rulings on the admissibility of the cases brought before it are intended not only to invest its decisions with 8

Seleccionar párrafo de destino3