Se dispuso por decreto el cumplimiento de una sentencia dictada por la Corte Interamericana de Derechos Humanos

Por decreto 975/2015 (B.O. 26/6/2015) se dispuso el pago de U$S 38.000 en cumplimiento de una sentencia dictada por la Corte Interamericana de Derechos Humanos, en el caso “Memoli vs. Argentina”.

El decisorio en cuestión fue dictado el 22 de agosto de 2013, condenando a nuestro país al pago de U$S 38.000 en concepto de indemnización por daño inmaterial a favor de las víctimas del caso y por reintegro de costas y gastos, indicando asimismo que dicho monto debería realizarse en un plazo de un año, contado a partir de la notificación de la misma.

La norma en comentario destaca que el cumplimiento de las resoluciones emanadas de la citada Corte genera, para la Argentina el compromiso de observancia de sus prescripciones en el orden interno y frente a la comunidad internacional, dado el carácter definitivo e inapelable de sus sentencias, de acuerdo con las disposiciones de los Artículos 67 y 68.1 de la Convención Americana sobre Derechos Humanos, aprobada por la ley 23.054.

Es de recordar que la citada ley, sancionada el 1° de marzo de 1984, además reconoce la competencia de la Comisión y la Corte Interamericana de Derechos Humanos sobre todos los casos relativos a la interpretación o aplicación de la citada Convención, la cual, a partir de la reforma constitucional de 1994, tiene jerarquía constitucional.

Parte dispositiva de la norma:

LA PRESIDENTA DE LA NACIÓN ARGENTINA
DECRETA:
Artículo 1° — Dispónese el pago en efectivo de la sentencia dictada por la CORTE INTERAMERICANA DE DERECHOS HUMANOS en el Caso N° 12.653 “MEMOLI VS. ARGENTINA” por un monto equivalente a DOLARES ESTADOUNIDENSES TREINTA Y OCHO MIL (U$S 38.000).
Art. 2° — El gasto que demande el cumplimiento del artículo anterior será imputado a los créditos de la Jurisdicción 91 -Obligaciones a Cargo del Tesoro correspondientes al Ejercicio 2015.
Art. 3° — Comuníquese, publíquese, dése a la Dirección Nacional del Registro Oficial y archívese. — FERNÁNDEZ DE KIRCHNER. — Aníbal D. Fernández. — Héctor M. Timerman. — Axel Kicillof. — Julio C. Alak.

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