Bs. As., 24/6/92
VISTO Law No. 24.043 and Decree No. 2722/91; and
That the above-mentioned legal provision gives a compensatory benefit to persons who, during the validity of the state of siege, had been made available to the NATIONAL EXECUTIVE POWER for an act emanating from it or had been detained under acts emanating from Military Tribunals by 10 December 1983.
That article 6 of the above-mentioned law provides that applications for the benefit that it recognizes shall be made under the notice of expiry within the OCHENTA SCIENT (180) days of the date of its entry into force.
That this implies the need to give an urgent response to the beneficiaries, which makes it necessary to establish clearly the procedural guidelines for regulating their implementation.
That the present measure is determined in the use of the powers conferred by article 86 (2) of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1o Artículo Please refer to the text of the regulation of Act No. 24,043 which as Annex I is an integral part of this decree. Art. 2o o Contact, post, give to the National Directorate of the Official Register and archvese. . MENEM. . José L. Manzano.
ARTICLE 1 . Unregulated.
ARTICLE 2° . In order to enable the accreditation of the requirement of Article 2(b), the official agencies must evacuate the reports requested by the implementing authority within a period not exceeding VEINTE (20) working days.
ARTICLE 3 . The request for the benefit established by law must be presented in the NATIONAL DIRECTION ON HUMAN RIGHTS OF THE MINISTERY OF INTERIOR.
In the event that the beneficiary or his or her beneficiaries reside abroad, they may submit the application in the Argentine diplomatic representation accredited in the country in which they are located, which will certify the identity and give a certain date to the request, having to turn it legalized by the MINISTERIO DEL INTERIOR for its procedure. In the same way it will proceed for the subsequent payment of the benefit, which will be rotated by the Ministry of Foreign Affairs to the corresponding diplomatic representation, to the order of the beneficiary.
The above-mentioned request shall contain an affidavit signed by the beneficiary or his beneficiaries in which he states that he has been deprived of his liberty by the provision of the NATIONAL EXECUTIVE PODER or by acts emanated from military tribunals for the period from 6 November 1974 to 10 December 1983. The declaration should also state that no compensation has been received under the terms of a court ruling on the grounds of the facts provided for in the law.
The falsehood of such an affidavit will result in the offence under article 293, following and concordant of the Criminal Code.
ARTICLE 4o s For the computation of the compensable lapse in cases of effective arrest not provided by order of competent authority the following probative means shall be accepted:
(a) A copy of the habeas corpus appeal or the judgement in question.
(b) Reports or records emanating from competent authority.
La SUBSECRETARIA DE Derechos Humanos y SOCIALES del MINISTERIO DEL INTERIOR will issue the records regarding the reported facts and that they do in the Archives of the National Commission on the Disappearance of Persons (CONADEP) and in the Legages of Complaints in their custody.
(c) Documentation in judicial and administrative records.
(d) Documentation at the Commission on Human Rights of the Organization of American States, and the Inter-American Court of Human Rights.
Documentation in national and international institutions for the defence of human rights, journalistic articles and concordant bibliographic material will be evaluated with the set of evidence produced.
Where the evidence produced does not indisputably arise the identity of the beneficiary, or the period of detention actually suffered, it may be credited by judicial declaration (summary information) which may be corroborated by the enforcement authority.
The most serious injuries are the provisions of article 91 of the Criminal Code. For the purpose of acknowledging that such injuries occurred during detention will be required as evidence, some of which are set out below:
(a) Clinical history of the place of detention.
(b) A copy of the court ruling that has received them for credit.
(c) Medical or clinical history with a date corresponding to the period of benefit emanated by an official health institution.
(d) If necessary, a Medical Board shall be established for the purpose of which the SUBSTANCE OF HUMAN RIGHTS AND SOCIAL RIGHTS of the INTERIOR MINISTERium shall be empowered to conclude agreements with national, provincial or municipal hospitals.
In all cases the documentation must be accompanied authenticated by the issuing authority.(Article replaced by art. 1 Decree No. 205/1997 B.O. 17/03/1997)
ARTICLE 5o derecho The right of the deceased or declared absent with presumption of death according to the Law No. 14.394, may request the benefit by accrediting the link with the respective departure, and/or eventually, with the will if it exists. The amount of compensation shall be deposited in the Bank which corresponds to the account and order of the intervening court and as belonging to the succession concerned.
ARTICLE 6 . Unregulated.
ARTICLE 7o . Unregulated.
ARTICLE 8 La The SUBSECRETARIA ON HUMAN AND SOCIAL RIGHTS OF MINISTERIO INTERIOR will verify compliance with the requirements for the granting of profit and determine the compensable period.(Article 2 of Article 2 Decree No. 205/1997 B.O. 17/03/1997)
ARTICLE 9o . Unregulated.
ARTICLE 10. Unregulated.