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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(3) 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.
12.
The Commission appointed Robert K. Goldman, Carlos M. Ayala Corao and
Germán J. Bidart Campos as delegates and Raquel Poitevien and Hernando Valencia
Villa as legal advisers. The Commission also named Susana Albanese, Viviana
Krsticevic, María Claudia Pulido5, Ariel Dulitzky, Emilio Weinschelbaum and Martín
Abregú as assistants. These assistants also acted as representatives of the alleged
victim.
13.
On April 16, 1999, after the President of the Court (hereinafter “the
President”) had made a preliminary examination of the application, the Secretariat of
the Court (hereinafter “the Secretariat”) transmitted it to the State.
14.
On May 19, 1999, Argentina appointed Ambassador María Matilde Lorenzo
Alcalá de Martinsen as its agent for the case and Luis Ugarte as its deputy agent. On
March 31, 2000, Argentina revoked these appointments and designated Ernesto
Alberto Marcer as its agent and Ambassador Leandro Despouy as its deputy agent.
On May 24, 2001, Argentina once again substituted its representatives and
appointed Andrea G. Gualde as its agent and María Rosa Cilurzo as its deputy agent.
15.
On May 19, 1999, Argentina appointed Julio A. Barberis as Judge ad hoc.
16.
On June 18, 1999, Argentina filed preliminary objections with regard to the
competence of the Court, based on Article 1(2) of the American Convention and
under the terms of its acceptance of the Court’s jurisdiction.
17.
On June 24, 1999, the Secretariat notified the brief filing objections to the
Inter-American Commission and the latter replied on August 27, 1999.
18.
On August 17, 1999, the Secretariat of the Court received the State’s answer
to the application.
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team.
In a note of August 15, 2001, CEJIL advised that María Claudia Pulido did not form part of its