15
times the Court suspended proceedings. Two such occasions stand out: first, during
the evidentiary phase of the Supreme Court proceedings, one of the experts twice
petitioned the Court, the first time on August 29 and the second time on October 5,
1998, seeking extensions as he did not have available to him the originals of the
1982 Agreement and its authentication.25 The Supreme Court agreed to suspend
proceedings.26 The second instance, between March 30, 1993 and April 25, 1994,
was because the case file was on loan to the National Criminal and Correctional
Court. Mr. Cantos therefore requested suspension of the proceedings, a request the
Court acceded to by order of June 22, 1993.27
e.
The representatives of the Province and of the State presented their briefs of
objections on September 16 and 19, 1986, respectively. Their arguments were that
the agreement was neither legitimate nor valid, and that the statute of limitations
had expired. 28 Mr. Cantos answered those briefs on October 14, 1986;29 then, on
November 24, 1986, he asked that the State’s Attorney for the Province intervene to
avoid subsequent nullifications.30 However, the Supreme Court denied that request
on the grounds that it was time-barred.31
f.
The Province and the State answered the complaint on November 11 and 14,
1986, respectively.32
On December 4, 1986, the Supreme Court joined the
preliminary objections to the merits33 in order to determine whether the agreement
was valid and on that basis apply the proper rules on statute of limitations. On
February 20, 1987, Mr. Carlos Alberto Jensen Viano joined the case, bringing
background information related to the searches34 (supra 7, b and c). On March 18 of
that year, the Supreme Court effected the necessary transmissions to the opposing
sides. Once their respective replies were received, on April 28, 1987, the Supreme
of the Nation (at 149 et seq., Volume I); Judgment of November 28, 1989, San Miguel de Tucumán
Federal Appeals Court. Case 769/86. “Federal Prosecutor’s Office against José María Cantos for alleged
forgery of a document, to the detriment of the Province of Santiago del Estero,” Appendix 11 of the
rebuttal.
25
Supreme Court Case File C-1099, Vol. XI, f. 2030, and Volume VIII, f. 1422.
26
Supreme Court Case File C-1099, Vol. XI, f. 2030 reverse side.
27
Supreme Court Case File C-1099, f. 2030, Volume II, f. 633, Volume IV.
28
Testimony of María Dolores Spaini de Retondo before the Inter-American Court of Human Rights,
June 17, 2002; Supreme Court case file C-1099, fs. 162 and 174 et seq., Volume I; Rebuttal of the
objections entered by the Province of Santiago del Estero in 1986, appendix 20 of the complaint; and
Rebuttal of the objections brought by the Argentine State on September 19, 1986, appendix 21 of the
complaint.
29
Supreme Court Case File C-1099, Volume I, f. 188; Answer from Mr. Jose M. Cantos to the
objections submitted by the defendants on November 18, 1986, appendix 23 of the complaint.
30
Supreme Court Case File C-1099, Volume II, f. 226.
31
Supreme Court Case File C-1099, Volume II, f. 228.
32
Supreme Court Case File C-1099, f. 195 et seq., Volume I, 212 et seq., Volume II; answer filed
by the Province of Santiago del Estero on November 11, 1986, and answer of the State, November 14,
1986, appendix 22 of the complaint.
33
Supreme Court Case File C-1099, Volume II, f. 227.
34
Supreme Court Case File C-1099, Volume II, f. 237 et seq.
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