12
did not have jurisdiction. “The government never again brought action” in this case.
She testified that the agreement in question originated from a public law contract.
She learned of the Supreme Court case from comments made by attorney Cavalloti,
who drafted the complaint. Drawing upon her professional experience, she testified
that preliminary objections that do not result in litigation of the facts are settled
before the merits of the case are taken up. Her only direct involvement in the legal
case was in drafting the briefs rebutting the preliminary objections and then later in
signing off on a number of briefs concerning filing fees and the benefit of litigating
without prepayment of filing fees.
In her 40 years’ experience as an attorney, she had never seen a case where the
filing fees were so high; she also stated that when the litigious amount in a
proceeding is determinable but not pre-determined, as it was in the case of Mr.
Cantos by virtue of the adjustment clause of the 1982 Agreement, the plaintiff ought
not to be confronted with the problem of paying a 3 percent filing fee. She added
that one need not be indigent to be permitted to litigate without prepayment of the
filing fees; the only requirement is lack of sufficient means to underwrite the
expenses of a case. Had he been granted permission to litigate without paying costs
of court in advance, the filing fees charged would have been the minimum and would
have been payable at the end of the proceeding.
She explained that the filing fee is a percentage of the monetary relief the plaintiff is
seeking and that in Santiago del Estero, it is a tax that goes directly to the general
coffers. The fee is payable in two different ways, depending upon where the case is
litigated: in the province, the entire amount must be paid upfront, when the trial
begins; at the federal level, however, 50% can be paid upfront, and the other 50 %
when the evidentiary phase of the proceedings gets underway. Then the costs of
any evidence ordered have to be factored in, and are paid separately.
At the present time, Mr. Cantos is engaged in symbolic acts of charity for the elderly
and children, and has earned accolades from various authorities.
C) EVALUATION OF THE EVIDENCE
36.
This Court must point out that appendices 1 to 15 of the application and
appendices 1 to 5, 9, 12, 15 to 18, 20, 22 to 52 of the response all pertain to facts
that predate Argentina’s acceptance of the Court’s contentious jurisdiction. The
other appendices, however, pertain to facts subsequent to Argentina’s acceptance of
the Court’s jurisdiction and will therefore be weighed by the Court, given the overall
bearing they might have upon the case. In this regard, although the State objected
to appendices 17, 18, 32, 33, 37, and 39 to 79, the Court notes that they are
subsequent to the State’s acceptance of the Court’s contentious jurisdiction. The
Court, therefore, will evaluate them when analyzing the conduct of the Argentine
authorities, not just the Supreme Court but the other authorities in general.
37.
The Court will not take into consideration appendices 38, 39, 40, 41, 44, 45,
54, and 56 to 68, as they concern a case involving Radiodifusora de Santiago del
Estero which has no direct bearing upon the analysis of the relevant facts in this
case.
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