pesos and seventy-six cents) and 11,725.29 (eleven thousand, seven
hundred and twenty-five Argentine pesos and twenty-nine cents)
respectively.
c) with regard to Juan Francisco Bueno and Ivonne Miriam Bueno, that on
December 23, 2009, the payment orders were made for SIDF No. 297597
and SIDF No 297598, for each, in the amount of $37,950.00 (thirty-seven
thousand, nine hundred and fifty Argentine pesos) for payment of
compensation for non-pecuniary damage established for them, equivalent
to 10,000.00 (ten thousand dollars of the United States of America).
These amounts were deposited to Mr. Bueno Alves by way of the special
powers granted by Juan Francisco Bueno and Ivonne Miriam Bueno to
their father, in order for him to “obtain the credit for the charge
established in his name in the [J]udgment.” As for interest on arrears,
each victim was paid $11,725.29 (eleven thousand, seven hundred and
twenty-five Argentine pesos and twenty-nine cents).
d) in regard to Ms. Tomasa Alves De Lima, deceased mother of Mr. Bueno
Alves, that “until the commencement of the succession begins with the
accompanying Declaration of Heirs, it will be impossible for this obligation
to be complied in full.”
8.
In addition, the State noted that the compensation paid was credited “without
deductions from possible fiscal charges.” It noted that if there is any witholding, “this
was due strictly to a banking norm.” It added that, given the existent doubt
regarding a possible interest charge, information had been requested from the
Federal Administration of Public Income (AFIP for its acronym in Spanish). Lastly, it
stated that, contrary to that noted by the representative (infra Considering clause
10), the provisions of the Civil Code which “for every payment […] first the interests
were charged and then the capital, […does not follow] here,” because Mr. Bueno
Alves accepted and signed an “Authorization of Credit of Payment of the National
Treasury Banking account.”6
9.
The representative argued that, regarding the calculation of accrued interest,
“the State has frozen the calculation of interest in all cases, setting the end date as
the one in which the relevant deposits were made,” when in fact interest should be
computed “until the moment in which the sum total of the debt is paid.”
Consequently, through a series of arguments on the concept of compensatory and
punitive interests, the representative argued the following:
a) Regarding Mr. Juan Francisco Bueno Alves, the representative confirmed
that two payments were made to him and indicated that the second sum
transferred to him by the State was credited to his account on November
30, 2009. The representative observed that “in the hopes of claiming that
it was already paying, on September 30, 2009, [the State] only calculated
interest up until that date [without considering] the delay that it incurred
6
In this authorization, it is noted that “the transfer of funds to the account […] indicated, […]
terminates the obligation of the debtor in all regards, making all deposits effectuated there valid, until,
any change is made therein, is not reported reliably to this Administrative Service. The beneficiary
relieves the National [S]tate from any obligation derived from the possible delay that could take place as a
consequence of the modifications regarding the bank account.” Authorization of Accreditation of Payments
by the National Treasury in the Bank Account (case file of monitoring of compliance with Judgment, tome
I, folio 241).
4