4
f)
José María Cantos reached an agreement with the Government of the
Province of Santiago del Estero on July 15, 1982, by which the latter
acknowledged a debt to a group of his companies and established a
compensatory amount and a date to comply with this obligation.
g)
As the Province of Santiago del Estero did not honor its July 15, 1982
agreement with Mr. Cantos, the latter filed suit with the Argentine Supreme
Court against the province and the Argentine State on July 4, 1986, by which
time the time period for compliance had expired. The amount claimed was
130,245,739.30 pesos (one hundred thirty million two hundred and forty-five
thousand seven hundred and thirty-nine pesos and thirty cents) under Act
18,188. This figure was arrived at by bringing the amount claimed on May
23, 1974 current with the value of the United States dollar as of December
31, 1984, plus a daily interest rate of one percent.
h)
On September 3, 1996, the Supreme Court of Justice delivered its judgment
rejecting the case and ordering Mr. Cantos to pay costs amounting to
approximately US$140,000,000.00 (one hundred forty million United States
dollars).
8.
In its application, the Inter-American Commission pled as follows:
Based on the denial of justice of which José María Cantos has been a victim, by the
Argentine authorities, who arbitrarily abstained from effectively repairing the grave
damages that State agents caused him, the Commission requests the Honorable Court to
deliver judgment in this case declaring that the State of Argentina has violated and
continues to violate the rights to a fair trial and judicial protection stipulated in Articles 8
and 25 of the Convention and the right to property recognized in its Article 21, all of
them in relation to the obligation of the said State to respect, investigate, punish and reestablish the violated rights indicated in Article 1(1) of that instrument.
The Commission also requests the Honorable Court:
1.
To declare that the State has violated the following rights of Mr. Cantos
embodied in the American Declaration: the right to a fair trial (Article XVIII) and the
right of petition (Article XXIV).
2.
To declare, based on Article 2 of the Convention and on the pacta sunt
servanda principle, recognized in the jurisprudence of the Court, that the State of
Argentina has violated Article 50(3) of the Convention, by failing to comply with the
recommendations made by the Commission in its Report No. 75/98.
3.
To order the State of Argentina to fully re-establish the rights of José María
Cantos and, among other measures, provide adequate reparation and compensation for
the said violations, in accordance with the provisions of Article 63(1) of the Convention.
The adequate compensation should include material, mental and moral damages at their
current value.
4.
To order the State of Argentina to pay the costs of the international bodies,
including both the expenses resulting from the proceeding before the Commission and
those resulting from this proceeding before the Court, and also the fees of the
professionals who assist the Commission in processing this case; and that, at the
corresponding procedural stage, a special segment should be opened so that the
Commission may detail the expenses that Mr. Cantos has incurred by processing this
case and establish reasonable fees for the professionals involved and the accountants,
so that they may be duly reimbursed by the State of Argentina.
5.
To declare that the State of Argentina must repair and compensate all the
adverse effects of the judgment delivered by the domestic court that violated an
international norm.
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