6
appeals court and therefore confined itself to ruling that the decision had not been
agreed to unanimously.
IV
PROCEEDINGS IN THE REPARATIONS PHASE
25.
Because the parties had not reached agreement, and in compliance with
operative paragraph 4 of its judgment of February 2, 1996, the Court decided to
open the proceedings on reparations and compensation and empowered its President
to take the necessary procedural measures. By that authority, the President of the
Court, in a February 5, 1997 order, gave the Commission and the victims’ families
until April 7, 1997, to submit their briefs and any evidence that might be relevant in
determining reparations and compensation. It also gave Argentina until June 7,
1997, to formulate its observations on the submissions of the Commission and of the
victims’ families.
26.
On March 11, 1997, the Commission informed the Court that it was
confirming "its agreement with the June 25, 1996 decision of the arbitral tribunal,
which assessed the indemnification for the families of Mr. Garrido and Mr. Baigorria
on the basis of the circumstances of the instant case and the points in the
agreement concluded to settle it."
27.
On April 7, 1997, the Court received the brief from the victims’ families
setting forth their case and ending with the following summation:
… the Government of the Argentine Republic must formally undertake to make the
following non-pecuniary reparations and to pay, in full, the indemnification stated below:
1.
A bill must be introduced in the National Congress that typifies the forced
disappearance of persons as a crime, following the criteria established in the
Inter-American Convention on Forced Disappearance of Persons, approved by
Law No. 24.556. It should be a federal offense.
2.
The National State must acknowledge the content of the report of the ad hoc
Commission as the historic truth of the events that transpired in Mendoza on
April 28, 1990, which led to these proceedings.
3.
The State must issue the full text of the report of the ad hoc Commission in an
official publication and have a summary thereof published in four major
newspapers with international circulations (The New York Times, Le Monde, El
País and Corriere della Sera), four newspapers with domestic circulations
(Clarín, La Nación, Página/12 and either Ámbito Financiero o La Razón) and in
two provincial newspapers (Los Andes and Uno). It must be accompanied by
the appropriate apologies to the victims’ families and to all citizens, and by a
pledge from the State that events like these will [sic] recur.
4.
With funds from the national budget, a plaque must be made and placed in the
entrance hall of the Mendoza Federal Courthouse, containing a brief explanation
of the events, the State’s acknowledgment of its responsibility and the results of
the international proceedings, apologies to family and citizenry and a pledge
that such events will never recur.
5.
Steps must be taken for immediate payment of compensatory material and
moral damages, which is SEVEN HUNDRED THOUSAND TWO HUNDRED FIFTY
UNITED STATES DOLLARS (US$700,250.00) for the next of kin of ADOLFO
GARRIDO, and SEVEN HUNDRED NINETEEN THOUSAND SEVEN HUNDRED FIFTY
UNITED STATES DOLLARS (US$719,750.00) [for the next of kin of RAÚL
BAIGORRIA]. This brings the sum total to ONE MILLION FOUR HUNDRED
TWENTY THOUSAND UNITED STATES DOLLARS (US$1,420,000.00).