to and unpaid.”143 On December 2, 2002, Danilo Furlan submitted a pleading stating that he had not
received the damages payment that had been ordered.144
87.
The crediting of Consolidated Bonds in National Currency Fourth Series 2% in
national currency was carried out in Final Note No. 327 addressed to the Securities Bank (Caja de
Valores), dated December 17, 2002.145 On March 10, 2003, the petitioner conveyed to the IACHR
that on March 12, the bonds from the damages awarded by the Argentine courts would be cashed
in, and that cashing of said bonds in no way would change his claim before the IACHR.146 On March
17, 2003, the petitioner forwarded to the judge a letter stating: “we finally collected the award.”147
88.
With regard to the amount received by the petitioner, the court judgment ordered
payment of 130,000 pesos, as principal plus interests, and after applying the ascribed percentages
of responsibility of 30-70%, said calculation yields the amount of 103,421.40 pesos. Danilo Furlan
cashed in the bonds on March 12, 2003 at 33% of their nominal value,148 that is, 34,129.06 pesos.
In accordance with the terms of the judgment, the petitioner was supposed to pay court costs and
legal fees based on the 30-70% responsibility ascribed in the judgment. The total amount of
experts’ professional fees and of the attorneys’ fees was 29,800 pesos149, of which 30% or 8,940
pesos had to be covered by the petitioner, and were to be deducted from the amount received from
cashing in the bonds. After subtracting this amount in fees, Danilo Furlan received 25,189.06
pesos, of the 130,000 pesos that were ordered to be paid in the judgment.
143
Certificate May 30, 2001, case proceedings file titled “Furlan Sebastian Claus v National State for Damages,”
page 369. Annex to communication from the State received on October 15, 2008.
144
Request of Danilo Furlan dated December 2, 2002, received that same day, case proceedings file titled “Furlan
Sebastian Claus v National State for Damages,” pages 405-407. Annex to communication from the State received on
October 15, 2008.
145
Note No. 376/2003, Ref EXP.GA 148 97/5 dated February 23, 2003, issued by the Secretariat of Finances,
Ministry of Economy, addressed to the Ministry of Foreign Relations, Commerce and Worship, Office of Human Rights.
Annex to communication from the State from February 27, 2003. The State further claims that, in accordance with
domestic law, all court judgments issued against the National State are executed in the same way. The IACHR understands
that the domestic law to which the State is referring is a group of statutes and decrees that were approved by the State in
2002, on the occasion of the financial emergency that the country was going through. Furthermore, Decree 1873/2002,
published in the Official Bulletin on September 24, 2002, indicates that debts funded by several laws, including laws 25.344
(Economic-Financial Emergency) and 25.565 (General Budget of the National Administration for fiscal year 2002), shall be
paid through delivery of 4th Series 2% Debt Payment Bonds in National Currency by the Ministry of Finance. Law No.
25.565 establishes in Article 39 that court awards that order the National State or the National Public Sector to pay an
amount of money, shall be satisfied within the authorizations to make expenditures contained in the different jurisdictions
and entities of the General Budget of the National Administration. According to Decree 1873/2002, Official Bulletin
September 24, 2002; Law 25.344, Economic-Financial Emergency, approved on October 19, 2000 and enacted on
November 14, 2000; Law 25.565, General Budget of the National Administration for fiscal year 2002, approved on March 6,
2002 and partially enacted on March 19, 2002. Available on the Internet.
146
Communication of the petitioner dated March 10, 2003, received at this Executive Secretariat by fax on that
same date.
147
Communication from Danilo Furlan March 17, (year illegible), pages 458-459 back; document received at
hearing, record of judge and order to add it to the case file on March 17, 2003, page 460. Case proceedings file titled
“Furlan Sebastian Claus v National State for Damages.” Annex to communication from the State received on October 15,
2008.
148
With regard to the redemption of the bonds at 33% of the nominal value, the IACHR notes that the petitioner
argues that this is not disputed by the State, and neither is there any evidence before the IACHR to the contrary.
Communication of the petitioner received on June 3, 2010.
149
See decision dated June 5, 2001 and decision dated August 14, 2001 from the National Court for Federal Civil
and Commercial Matters, Chamber No. 18, Case File No. 3.519/1997, case proceeding records titled “Furlan Sebastian Claus
v National State for Damages”, pages 371, 384, 391. Annex to Communications from the State received on October 15,
2008.