DECADE No. 2.109/1973
Rule of law 20.007. Damage to terrorist acts.
Bs. As., 19/3/73
VISTO AND CONSIDERING:
The provisions of Act No. 20.007, as proposed by the Ministry of Social Welfare of the Nation.
THE PRESIDENT OF THE ARGENTINA NATION,
Article 1 - The ex gratia subsidy established by Act No. 20.007 may be requested only by the victim, or in the event of his death, by the surviving spouse and the forced heirs who had been in charge, at the date of the terrorist act.
Art. 2o - The terrorist nature of the act should be configured and tested with the report that the implementing agency should require from the Ministry of the Interior or from the relevant security agencies. In no case shall they be considered acts of terrorism, those set forth in articles 226 to 230 of the Criminal Code.
Art. 3o - The damage suffered by the applicant from the subsidy must be an immediate consequence of the terrorist act. In no case may the resulting damage be invoked as a mediate consequence of that fact. In case of doubt, the causal relationship between the fact and the damage invoked will be considered non-existent.
Art. 4o - For the purposes established by law 20.007 the following damages shall be exclusively computable:
(a) Corps inferred to natural persons victims of the terrorist act;
(b) those caused to movable or immovable things that integrate the home of the injured person, as well as its working elements;
(c) damages caused to movable or immovable property which physical persons have locquered to third parties, for the purpose of the house or personal use of these.
In no case will damage caused to things affected or intended for commercial or industrial exploitation be computable. The impact rating will be performed by the implementing agency. In accordance with the provisions of article 2 of the Act, the last paragraph of Act No. 20.007, the estimate of the amount of the damages is left to the sole discretion of the implementing Agency, in the absence of proof that it is accrediting them.
Art. 5o - Damage to the person shall be credited by a medical report that clearly determines his nature and character, as well as, where appropriate, the resulting total or partial disability. The damage to things may be tested with any means, and the petitioner must also credit his condition as owner of such property. In all cases the amount of the injury suffered must be estimated, which must be sufficiently substantiated.
Art. 6o - For the purposes of the second paragraph of Article 3 of Law 20.007, the grant seeker shall, in his first submission, or within the eighth day of being required in a fruitful manner, express as an affidavit the amount of compensation, insurance or other benefits which he or she has perceived or may perceive as compensation for the damage caused by the claim for the grant. The omission of such a declaration shall be sufficient grounds for denying the grant request.
Art. 7o - The implementing agency shall be broadly empowered to carry out ex officio the verification of the damages invoked, as well as the valuation of any damages, requiring to report to public agencies or private entities, or requesting the expertise that may be necessary.
Art. 8o - Persons deemed to be covered by the provisions of Act No. 20.007, shall be required to apply for ex gratia allowance in the Ministry of Social Welfare, Under-Secretary for Promotion and Social Welfare. The first presentation will accompany all the documentary evidence that was in the hands of the petitioner, and will offer all that is relevant, individualizing the place where the documentary is not available. The production of the test shall be completed within the maximum period of thirty (30) days from the date of initiation of the proceedings, applying subsidiarily, as soon as it is compatible, the rules of Title VI of Decree No. 1.759/72.
Art. 9o - After the evidence has been produced, the implementing agency will proceed to extend the proceedings to the Ministry of Social Welfare, within a maximum period of sixty (60) days from the date of initiation of the application for a grant, with an opinion that it will expressly consider:
(a) if the determining fact of the damage is covered by the terms of Act No. 20.007 and this regulation;
(b) If, equally, the damages invoked fall within the same legal provisions and if so, their character;
(c) the actual or estimated amount of damage suffered by the petitioner, to be considered in relation to the social and economic conditions of the applicant;
(d) The grant that is deemed to be reasonable in accordance with article 3 of Act No. 20.007, equally in consideration of the social and economic conditions of the petitioner.
Art. 10. - In each particular case, the National Executive Branch will resolve the granting or refusal of the requested ex gratia grant, for which the Ministry of Social Welfare will raise all the background of the case for its decision.
Art. 11. - In cases where the terrorist act that motivates the request for a subsidy is public and notorious, that the damages suffered are subject to appreciation and the urgency of the petitioner is evident, the Minister for Social Welfare is empowered to provide advances, which will be prudentially estimated in respect of the subsidy that is likely to be granted, and on account of the same. In the event that, in accordance with the provisions of the previous article, the National Executive Branch refuses the ex gratia grant or grants one less than the advance amount, the advance payment shall be final.
Art. 12. - Contact, post, give to the National Directorate of the Official Register and archvese.
Oscar R. Puiggrós.
Gervasio R. Colombres.