society.121 Therefore, decisions adopted by national bodies that could affect human rights must be duly
justified, because, otherwise, they would arbitrary decisions.122 As such, reasoning behind a ruling and
certain administrative acts must make it possible to know what facts, grounds and laws or regulations the
official used as the basis for making the decision, and thus be able to rule out any indicia of arbitrariness.123
Additionally, reasoned justification of decisions stands as proof to the parties that they have been heard and,
in those instances that the decisions are appealable, provides them with an opportunity to criticize the ruling
and conduct further examination into the matter at issue before higher decision-making bodies.124
86.
Similarly, the IACHR has held that there is an intrinsic relationship between the existence of
sufficient justification and the opportunity to challenge decisions and formulate an adequate defense within
the framework of subsequent remedies.125
87.
Based on the proven facts, Mrs. Perrone and Mr. Preckel pursued administrative and judicial
remedies to request payment of lost wages and benefits for the time of their deprivation of liberty and exile,
respectively. Both at the administrative and judicial levels, the peremptory decisions denied the request
based on Circular No. 5/77 of the General Secretariat of the Office of the President of the Nation, which
establishes that payment of wages or salaries for periods of time in which public servants have not actually
provided their services should not be made, unless an express provision of law so authorizes it.
88.
The Commission notes that Mrs. Perrone’s and Mr. Preckel’s argument was that under
Circular No. 5/77, payment of lost wages is indeed permitted when a provision of law so authorizes it. In
support of this assertion, they cited that Article 14.c of the Rules on Leaves of Absence, Justifications and
Exemptions of the Public Administration would be the provision of law that would authorize payment of lost
wages, inasmuch as it allows for payment in “case of duly proven force majeure.” The IACHR notes that both
of the plaintiffs contended that their arbitrary detention, which was acknowledged by the State, would be
grounds to be counted as force majeure.
89.
Without getting into a determination as to whether this argument is correct or not, which
would go beyond the competence of the IACHR, inasmuch as it would be dealing with an issue of domestic
law, the Commission notes that the argument was not manifestly unreasonable. This can be inferred from the
fact that the Department of Legal Counsel of the DGI and the Directorate of Technical and Legal Affairs of the
Ministry of Economy, each issued advisory opinions supporting making payment to Mrs. Perrone and Mr.
Preckel of their lost wages for the time they were arbitrarily detained. The Commission finds that the
reasonableness of the argument, which is backed by the aforementioned entities, makes it all the more
relevant to have sufficient and adequate justification for finding that this argument is groundless.
90.
The Commission notes that the administrative decisions of the DGI and of the Ministry of
Economy merely declared the claim of Mrs. Perrone and Mr. Preckel to be groundless. The IACHR notices that
in these decisions, no basis or grounds were provided for rejecting the arguments put forth in favor of the
plaintiffs in the advisory opinions issued by the above-referenced Directorates.
91.
In the sphere of judicial remedies, the Commission notes that the decisions issued by the
Federal trial court Judge in February 1992 do not include any reference to the arguments put forth in the
121 IA Court of HR. Case of Chocrón Chocrón v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of
July 1, 2011. Series C No. 227, para. 118.
122 IA Court of HR. Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of June 23,
2005. Series C No. 127, paras. 152 and 153.
123
122.
Case of Claude Reyes et al v. Chile. Merits, Reparations and Costs. Judgment of September 19, 2006. Series C No. 151, para.
124 IA Court of HR. Case of Chocrón Chocrón v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of
July 1, 2011. Series C No. 227, para. 118.
125
IACHR, Report No. 42/14, Case 12.453, Merits, Olga Yolanda Maldonado Ordóñez, Guatemala, July 17, 2014, para. 98.
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