Appendix XXIII order of the



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APPENDIX XXIII


Order of the

Inter-American Court of Human Rights*

of July 12, 2007

Case of Cantos v. Argentina

(Monitoring Compliance with Judgment)




Having Seen:
1. The Judgment on the merits, reparations and costs delivered on November 28, 2002 by the Inter-American Court of Human Rights (hereinafter “the Court”, “the Inter-American Court”, or “the Tribunal”), whereby it declared, inter alia, that:

the State violated the right of access to the courts protected under Articles 8(1) and 25 of the American Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment of Mr. José María Cantos, as set forth in paragraphs 54, 55 and 56 of the […] Judgment[;]


and therefore unanimously,

decide[d] that:

1. The State shall refrain from charging Mr. José María Cantos the filing fee and fine levied for failure to pay the filing fee on time[;]

2. The State shall set in a reasonable sum the fees regulated in Argentine Supreme Court case C-1099, as stipulated in paragraphs 70(b) and 74 [of the Judgment;]

3. The State shall pay the fees and expenses of all experts and attorneys engaged by the State and the Province of Santiago del Estero, under the conditions set forth in the preceding point[;]

4. The State shall rescind the appendixes, general property encumbrances and other measures that were ordered against the properties and business assets of Mr. José María Cantos in order to guarantee payment of the court filing fee and the professional fees[;]

5. The State shall pay the victim’s representatives the sum of US$ 15,000.00 (fifteen thousand United States dollars) for expenses caused in the international proceedings before the inter-American system for the protection of human rights, pursuant to paragraphs 73 and 74 of [the] Judgment[;]

6. The other claims of the application are dismissed as unfounded[;]

7. The State shall submit a report to the Inter-American Court of Human Rights every six months from the date of notification of [the] Judgment, recounting the measures it has taken to comply with said Judgment[, and]

8. The Court will oversee compliance with this Judgment and will regard the present case closed once the State has fully carried out the terms of [the] Judgment.

[…]

2. The Order on Compliance with Judgment issued by the Court on November 28, 2005, by means of which the Court declared:



1. [t]hat in accordance with Considering paragraph eighth of the […] Order, the State has complied with that which is specified in the fifth operative paragraph of the Judgment on the merits, reparations and costs in relation to the payment of expenses accrued during the international proceedings before the inter-American system of protection of human rights[;]

2. [t]hat it will keep open the proceeding for monitoring compliance with the aspects pending compliance, namely the obligations to:

a) “refrain from charging Mr. José María Cantos the filing fee and fine levied for failure to pay the filing fee on time” (first operative paragraph of the Judgment of November 28, 2002);

b) “set in a reasonable sum the regulated fees in the Argentine Supreme Court case C-1099, as stipulated in paragraphs 70(b) and 74 [of the Judgment;]” (second operative paragraph of the Judgment of November 28, 2002);

c) “pay the fees and expenses of all experts and attorneys engaged by the State and the Province of Santiago de Estero, under the conditions set forth in the preceding point[;]” (third operative paragraph of the Judgment of November 28, 2002); and


  1. “rescind the appendixes, general property encumbrances and other measures that were ordered against the properties and business assets of Mr. José María Cantos in order to guarantee payment of the court filing fee and the professional fees” (fourth operative paragraph of the Judgment of November 28, 2002).



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