23
relentlessly on his legal suit and that in the period 1990-1994 was
facing criminal charges because of the “State’s refusal to recognize the
opinion of the Nation’s Treasury Solicitor.”
- Conduct of the competent authorities. The ten years that elapsed
between the time the suit was filed and the decision delivered by the
Supreme Court is not a reasonable time. The Commission also pointed
out that for one year the case file was outside the Supreme Court and
that the latter delayed another year in delivering its decision on the
last petition for permission to litigate without paying filing fees. In the
meantime, it issued the decision closing the evidentiary phase and
delivered its decision one year later.
b.
Although Mr. Cantos petitioned the Supreme Court to be permitted to
litigate without paying filing fees in advance, which is his right under Article 8
of the Convention, court authorities denied his petition five times and instead
ordered him to pay filing fees and the fees of the attorneys and experts who
participated in the proceeding for a total of US$145.528.568.50 (one hundred
forty-five million five hundred twenty-eight thousand, dollars and fifty cents).
With that, “Mr. Cantos was left shouldering an unfair and disproportionate
burden attributable to the State because of the expenses it incurred by its
needless prosecution of the proceedings” and “the costs incurred in compiling
an extensive body of evidence that the Supreme Court […] never even cited
when delivering its ruling,” which was a violation of the right to a recourse to
a court of law, protected under Article 25 of the American Convention.
c.
The ruling delivered by the Supreme Court violated substantive
principles of due process recognized in Articles 8 and 25 of the American
Convention, all in relation to Article 1(1) thereof, because it denied the legal
efficacy of the agreement that the de facto Governor had signed with Mr.
Cantos; its invocation of the statute of limitations was unreasonable because
it failed to establish the existence of “the elements of that procedural legal
instrument and […] to determine the point in time at which the clock started
to run” for purposes of time-barring; in general, the ruling was the arbitrary
culmination of “a series of events that began in 1972 and that, taken
together, depict a legal quagmire in which justice was denied.” The Supreme
Court ruling failed to take into account relevant and decisive evidence and
arguments, thereby putting the objective truth out of reach. It failed to
examine abuses committed by public officials in the various criminal cases
brought against the victim and of which he was ultimately acquitted. The
Supreme Court’s September 3, 1996 ruling was arbitrary because it failed to
examine carefully all the elements related to the 1982 agreement negotiated
between the Governor of the Province of Santiago del Estero and Mr. Cantos,
whose signatures signify consent to be bound by the agreement. The latter
was never annulled, under either criminal or civil law, on the grounds that the
signatures were forged and Mr. Cantos was never convicted of forging the
agreement. Mr. Jensen Viano signed the agreement as Governor of the
Province and not simply as a private citizen signing a private contract. The
debate over whether this public official was acting as an authority for the
province or as federally-appointed de facto governor [interventor] is
irrelevant, as is the issue of whether the Province of Santiago del Estero was
bound by the agreement. The Convention violations being alleged before this
Court can, in international jurisdiction, only be attributable to the federal
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