the provision of Article 423.6, then in force, of the Code of Criminal Procedure of
Buenos Aires Province.30
28. The petitioners state that said alleged violations of their right to defense were
upheld by the Supreme Court of the Buenos Aires Province and the Supreme Court of
Justice of the Nation. They allege that Mr. Carlos Mémoli was convicted to one month
of imprisonment, suspended, because his attorney used the word “unscrupulous” in an
administrative file, referring to the members of the Governing Committee of the Italian
Society. They indicate that, under the Argentine Code of Criminal Procedure slander
made in a judicial file is not subject to sanction. They indicate that Mr. Pablo Mémoli
was convicted to five months of imprisonment, suspended, for publishing newspaper
articles denouncing alleged irregularity in the management of the Italian Mutual
Assistance Society of San Andrés de Giles.31
29. Lastly, the petitioners allege that in April 2005, they were notified via the Federal
Court to deposit, payable to the order of the Supreme Court of Justice of the Nation
and subject to enforcement, the sum of 2000 Argentine pesos in connection with the
denial of the extraordinary appeal [recurso extraordinario] by said court on October 5,
1997.32
C.
Position of the State
30. The State asserts that they were notified of the petition four years after it was
received by the Executive Secretariat of the Inter-American Commission. It indicates
that the excessive delay in the “pre-admissibility” stage should constitute grounds for
abstention by the Commission from considering the complaint, since it affects the
rights and prospects of the State denounced, and makes it difficult to adopt early
measures to resolve the dispute under domestic law or reach a friendly settlement.33
31. It states that the complaint before the Commission amounts to a private dispute
stemming from personal disputes between Mr. Carlos Mémoli and Messrs. Antonio
Guarracino, Humberto Romanello, and Juan Bautista Ricardo Piriz. It indicates that the
criminal action brought by the latter originated from a contentious relationship
regarding an Italian course offered by the Italian Mutual Assistance Society. It adds
that the dispute took on greater proportions with the criminal action brought for
alleged fraud instituted by Mr. Carlos Mémoli,34 the public importance accorded the
matter through articles published in the daily “La Libertad,” and two radio interviews in
which the alleged victims participated.
32. The State alleges that the alleged victims were prosecuted and convicted, in both
the first and second instance, with the assistance of attorneys and the opportunity to
produce evidence, all in full observation of due process guarantees. It asserts that
Messrs. Carlos and Pablo Mémoli were convicted of only some of the charges in the
criminal action and that the civil action brought by the plaintiffs in the context of the
criminal proceeding was denied.35
30 The petitioner mentions the following extract: “…The parties and their attorneys may not take the stand
for more than half an hour, and are prohibited from making written submissions.” Submission of the
petitioners of July 10, 2003, p. 2.
31 Complaint of February 12, 1998, pp. 1-2 and submission of the petitioners of August 6, 2002, p. 2.
32 Submission of the petitioners of August 21, 2006.
33 Reply of the State to the petition of March 26, 2002, pp. 2-7.
34 See paragraph 12 of this report.
35 Reply of the State to the petition, op. cit., p. 8.