6. On August 6, 2002, the petitioners forwarded observations on the reply of the State,
which were forwarded to it on January 9, 2003. On January 14, 2003, the State
requested an extension in order to submit its reply to the observations sent by the
petitioners, which was granted by the Commission on February 14, 2003. On March
13, 2003, the Commission received an additional submission from the State, and
forwarded it to the petitioners on June 9, 2003.
7. On July 10, 2003, the Commission received observations sent by the petitioners on
the additional submission from the State, which were forwarded to it on June 25,
2004.
8. On February 14, May 17, and October 17, 2000, the petitioners forwarded additional
submissions; on March 16, 2004, forwarded to the State on June 25, 2004; on
September 28, 2004, forwarded to the State on December 7, 2004; on August 21,
2006, forwarded to the State on August 24, 2006; November 2, 2006, forwarded to
the State on December 4, 2006; on December 12, 2006, forwarded to the State on
December 18, 2006, and the additional submission of February 21, 2007.
III.
POSITIONS OF THE PARTIES
A.
Background and brief summary of the main facts
9. Before referring to the positions of the parties, the Commission considers it is
important to give details of some facts drawn from extracts of the case file annexed to
the complaint.
10. In April 1989, Mr. Carlos Mémoli became Assistant Secretary of the Governing
Committee of the Italian Mutual Assistance Society of San Andrés de Giles Municipality
which, among other activities, organized Italian language courses for the local
community.1 In late 1989, the Governing Committee of the Italian Society refused to
include Mr. Carlos Mémoli’s wife, Mrs. Daisy Sulich de Mémoli, as a teaching assistant
on the language course.2 On November 23, 1989, the Governing Committee decided to
suspend Mr. and Mrs. Mémoli from the association for 24 months. On April 6, 1990,
Mr. Carlos Mémoli sent documentary letters to the Governing Committee, alleging that
the quarterly balance sheets on the Society’s activities had not been published and
accusing its members of irregular conduct regarding promises of sales of niches in the
municipal cemetery.3
11. The decision taken by the Governing Committee to suspend Mr. and Mrs. Mémoli
from the association for 24 months was endorsed on May 11, 1990 by the regular
meeting of the General Assembly of the Italian Society. 4 During that regular meeting of
the General Assembly, the Mutual Assistance Society decided to include on the order of
business for the next year’s regular meeting consideration of the expulsion of Mr.
Carlos Mémoli and Mrs. Daisy Sulich de Mémoli. Having been notified of said decision,
Mr. and Mrs. Mémoli resigned as members. The directors of the Italian Society
1 Extraordinary Federal Appeal filed by the petitioners with the Supreme Court of Justice of the Nation, p. 4.
2 Appeal judgment of the Second Chamber of the Criminal and Correctional Court of Mercedes Judicial
Department, of December 28, 1995, p. 18.
3 Judgment of the court of first instance upheld by Criminal and Correctional Judge No.7 of Mercedes
Judicial Department, on December 29, 1994, p. 41.
4 Ibid.