5
masterminds and perpetrators of the acts committed to the detriment of Agustín Goiburú
Giménez, Carlos José Mancuello Bareiro, Rodolfo Ramírez Villalba and Benjamín Ramírez
Villalba, and also complete the criminal proceedings that have been filed (operative
paragraph five of the Judgment), the State informed that the proceedings are at the
developmental stage and that by the time being, “no accused person is in default or without
a judicial proceeding being conducted against him”. Furthermore, it emphasized that
“currently, it is not necessary the adoption of any diplomatic measure to solve the
proceedings”.
a.
investigation into the facts committed against the victim José Mancuello
Bareiro
8.
That in relation to the investigation into the facts committed to the detriment of the
victim José Mancuello Bareiro, the State informed that the Criminal Chamber of the
Supreme Court of Justice delivered the Agreement and the Judgment N° 1248 on December
4, 2008. The Court noted that, upon the delivery of the Judgment in the instant case, with
regard to said criminal proceeding, Mr. Britez Borges, Saldívar and Stroessner Matiauda, as
well as the convicted Milciades Coronel, had died. Regarding the other four defendants who
had been detained and convicted, appeals and applications for annulment had been filed,
that were pending before the Supreme Court of Justice In addition, the case was open with
regard to the other three persons: Mr. Torres, Mendoza and Montanaro6.
9.
That from the judgment of the Supreme Court of Paraguay furnished by the State, it
spring that the convictions of Mr. Almada Morel and Benitez Santacruz, after thirteen years
and nine months, have been upheld by a second instance and that they were not subjected
to an appeal before the maximum judicial instance. In addition, the classification applied by
the Court of Appeals to Mr. Buenaventura Cantero Domínguez and Belotto Vouga was
modified and, as a result, they were both convicted by the Supreme Court of Justice and
sentenced to seven years and six months for the crimes of abuse of authority, coercion and
serious injuries. Finally, it was decided to remit the court records to the Trial Court in order
for it to decide the case of the imprisoned Torres Romero.
10.
That, in relation to the investigation into the facts to the detriment of Mr. Carlos
Mancuello, the representatives pointed out that the Judiciary delivered an agreement and
judgment on December 4, 2008, which “sentenced to defendants to minimum penalties but
[they further asserted that] the case is not definitely closed”, since “it is still open in relation
to Sabino Augusto Montanaro”. By virtue of the foregoing, it is necessary for the State to
inform whether the latter is still under the preliminary investigation or if there are still other
people being investigated.
a.
investigation into the facts committed against the victim Agustín Goiburú
Giménez
11.
That, regarding the proceedings instituted for the facts committed against the victim
Agustín Goiburú Giménez, at the moment of the delivery of the Judgment of this Court, Mr.
Coronel, Brítez Borges, Guanes Serrano and Stroessner Matiauda had died. Regarding the
defendant Ortiz Téllez, no judgment had been delivered, and the preliminary investigation
was still open with regard to Mr. Montanaro, who was granted asylum in Honduras7.
6
Cf. Case of Goiburú et al. V. Paraguay. Merits, Reparations and Costs. Judgment of September 22, 2006.
Series C No. 153, para. 61.91.
7
Cf. Case of Goiburú et al. V. Paraguay, supra note 6, para. 61.80.