55
213. It can therefore be concluded that the argument brought by representatives De Vita and
Cueto is inadmissible, and that in fact the National Chamber of Criminal Cassation responded
to the grievance brought before it, explained the reasons why the argument as submitted did
not apply to the case and, based on the complexity of the matter and the numerous judicial
decisions and remedies filed, rejected the request for the statute of limitations because it
foresaw no situation that could imply “moving the process back to an earlier stage and
delaying the delivery of a final, unappealable judgment.” 201 This means that the National
Chamber of Criminal Cassation did not bypass any rule or regulation that could have led to a
more lenient sentence for the accused; it was instead a difference of opinion by the
representatives and not an irregular or erroneous application of the law by the Chamber of
Criminal Cassation.
214. For these reasons, the Court holds there was no violation of article 9 of the American
Convention in the instant case.
VIII-4
POLITICAL RIGHTS
A. Arguments of the parties
215. Representatives De Vita and Cueto argued that the criminal process culminated in the
“civic death” of the alleged victims and their family members due to disqualification from
conducting business to which they were subjected even in the absence of a conviction. They
also held that when they were condemned to full and permanent disqualification from holding
public office, “it banished them from the civic life to which every person is entitled, denying
them the right to nationality that all persons possess and prolonging the effects of the crime
over time, with no possibility whatsoever of regaining the place every person holds in the
heart of a society.” Accordingly, they claimed that “the sentence to full and permanent
disqualification contravenes principles and freedoms,” is contrary to articles 1, 2 and 23 of
the Convention “and should be set aside.” The Inter-American Commission made no reference
to this alleged violation of the American Convention.
216. The State commented on the general order blocking the accused from selling or
encumbering their property, stating that it was a precautionary measure established in article
319 of the Code of Military Justice for cases when the accused’s assets were unknown or
insufficient, and in this case, the defendants subject to the measure could request that it be
replaced with a sufficient personal or real bond. The measure did not produce “civic death,”
as the representatives suggested, but instead was intended to safeguard the criminal process
for the actual commission of the criminal offenses of fraud, forgery of a public document, and
conspiracy, and was strictly reasonable, necessary and proportional. “Indeed, the general
block on the sale or encumbrance of assets as ordered was fully justified in view of the fact
that the alleged act being criminally investigated – and subsequently proven – was in fact
fraudulent handling of public property for personal gain or that of third parties.” They added
that the claims of not being able to lead a decent commercial life were ill-founded because
the applicants received 50% of their monthly wage. “The inability to undertake commercial
activities or take out commercial credit is a natural consequence of the precautionary measure
because these are the very activities that could have been undertaken with public funds
implicated in the crime of fraud.”
201
Grounds for the March 20, 1995 judgment by the National Chamber of Criminal Cassation, April 3, 1995
(evidence file, folios 2303).