Human Rights Indeminization - Full Text Of The Norm

Original Language Title: DERECHOS HUMANOS INDEMINIZACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
HUMAN RIGHTS Law 25.914 Benefit for persons born during the deprivation of the liberty of their mothers, or who were minors had been detained in relation to their parents, provided that any of them had been detained and/or disappeared for political reasons, either at the disposal of the national executive branch and/or military courts. Access to victims of identity replacement. Requirements to be credited to the benefits of the law. Procedure for calculating compensation. Sanctioned: August 4 of 2004 Enacted: August 25, 2004

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Persons born during the deprivation of their mother ' s liberty, or who, being minors, had been detained in any circumstances in relation to their parents, provided that any of them had been detained and/or detained-disappeared for political reasons, either at the disposal of the national executive branch and/or military tribunals and/or military areas, irrespective of their judicial status, may benefit under this Act.

Persons who, by any of the circumstances set forth in the present, have been victims of identity substitution shall receive the remedy determined by this law.

This benefit is incompatible with any compensation received by virtue of a court ruling on the basis of the facts provided for in the present.

ARTICLE 2 In order to take advantage of the benefits of this Act, the persons mentioned in the previous article shall have the right to accredit the enforcement authority with the following requirements:

(a) For those who were born during the arrest and/or captivity of their mother, record the date of birth, prior to 10 December 1983, and accreditation, by any means of proof, that their mother was detained and/or disappeared for political reasons at the disposal of the National Executive, and/or military courts and/or military areas, regardless of their judicial status;

(b) In the case of juveniles born outside the prison and/or captivity establishments, credit by any means of proof their stay in the same and the conditions required in article 1 of this law in any of their parents;

(c) Correction of identity in the cases of the second paragraph of article 1 Those who find themselves in this situation have been fully and in good faith adopted are exempt from accompanying such a sentence, and must prove by any means the enforced disappearance of their parents.

ARTICLE 3 The request for the benefit shall be made to the Ministry of Justice, Security and Human Rights, in its capacity as the authority for the implementation of this Act, which shall check in full the enforcement of the precautions required in the preceding articles. In the event of doubt as to the granting of the benefit provided for in this law, it must be to what is most favourable to the victims or their beneficiaries, in accordance with the principle of good faith.

The resolution that denies in full or partial form the benefit will be appealed within the TEN (10) days of notified, by the National Appeals Chamber in the Federal Administrative Disputes of the Federal Capital. The appeal will be filed on the basis of the Ministry of Justice, Security and Human Rights, which will raise it to the House with its opinion, at the end of CINCO (5) days. The Chamber shall decide without further processing within the time limit of VEINTE (20) days of receipt of the proceedings.

ARTICLE 4 The benefit established by this law shall consist of the one-time payment of an amount equivalent to VEINTE (20) times the monthly remuneration of agents Level A, Grade 8, of the National System of Administrative Profession Decree No. 993/91 t. 1995. Monthly remuneration is considered for all items that make up the employee ' s salary subject to retirement contributions. Where, in the circumstances and times referred to in articles 1 and 2°, the beneficiary has been replaced with the identity, he shall receive, for any reason, compensation equivalent to that provided for in Act No. 24,411, his supplements and modifications.

If, under the circumstances set out in article 1, the beneficiary would have suffered serious or serious injuries, according to the classification of the Criminal Code, or had died, the benefit will be increased in a CINCUENTA per CIENTO (50%), SETEN BY CIENTO (70%) and CIEN BY CIENTO (100%) respectively.

ARTICLE 5° The payment of the benefit imports the waiver of any right of compensation for damages based on the grounds provided for by this law and is exclusive of any other benefit or compensation for the same concept. ARTICLE 6 The Ministry of Justice, Security and Human Rights shall be responsible for the payment of the compensation provided by this law, by depositing in official banks within the jurisdiction corresponding to the home of the beneficiaries, in accordance with its order. ARTICLE 7 The compensation provided for in this Act shall be exempt from taxation, as well as, where appropriate, the judicial or administrative procedures which aim to establish the circumstances or the link in national jurisdiction shall be exempt from fees. The publication of edicts in the Official Gazette of the Argentine Republic will be free of charge. ARTICLE 8 Invite the provinces to sanction the laws or to issue appropriate administrative acts, if any, to exempt from the payment of the rate of justice and administrative fee to the judicial and/or administrative procedures and publications of rigor, necessary for the perception of the benefit that is instituted. ARTICLE 9 Expenditures for compliance with this Act shall be charged to the budget items allocated to the Ministry of Justice, Security and Human Rights, for which purpose the corresponding budgetary restructuring shall be carried out by the Chief of Staff of Ministers. ARTICLE 10. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FOUR DAYS OF THE MONTH OF AUTHOR YEAR.

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EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan Estrada.