7
17.
That the representatives alleged that there has been a delay in the conduct of the
proceedings against the former Minister of the Interior, Sabino Augusto Montanaro, due to
“interminable clinical and psychological studies”. Likewise, they confirmed that said former
Minister is under house arrest.
18.
That, as to the reactivation of the criminal proceeding against the former Minister of
the Interior, Sabino Augusto Montanaro, this Tribunal notes that after 20 years, finally there
has been progress in the processing thereof. Even though the State furnished a note of the
Supreme Court of Justice together with a rogatory letter issued by Paraguay to the Republic
of Honduras, requesting the extradition of Mr. Montanaro, there is no evidence that the
reactivation of the criminal proceeding against him has been the consequence of the
measures apparently taken by the State to seek his extradition, but of his return to
Paraguay on May 1, 2009, renouncing to the political asylum he was granted in the Republic
of Honduras since 1989. In that respect, a report of the Attorney General’s Office forwarded
by the State indicates that “[r]egarding the scope of the petition of extradition requests, it
is a closed issue given that, on that occasion, there was not treaty on extradition between
the governments of Paraguay and Honduras[,] an issue that has been remedied once the
accused Sabino Augusto Montanaro Ciarletti was detained upon his arrival at Paraguay".
19.
That, without prejudice to the reasons for the reactivation of said proceeding, it is
pertinent to urge the State to exercise the corresponding due diligence and promptness in
this proceeding taking into account the importance of the case, in order to be able to
substantiate the charges, with a view to achieve the purposes of the administration of
justice, particularly the determination of the truth. Coupled with this, the determination of
the facts under investigation needs to be made possible and effective as well as the
corresponding criminal responsibilities, if applicable, in view of the need to protect and
guarantee the rights of other injured persons to know the truth about what happened9.
*
*
*
20.
That, in general terms, the representatives considered that “throughout these long
years, more than 20 years of judicial proceedings […] the Judiciary has not been capable of
adopting effective and firm measures to conclude, within a reasonable time, the cases
submitted to the Inter-American Court" and that the progress made obey to the efforts of
the next-of-kin and the attorneys that represent them.
21.
That, during the hearing, the Commission limited to express it concern about the
little progress made in the investigation of the facts of the instant case.
22.
That the Court notes that more than three decades have passed since the occurrence
of the facts and more than three years since the Tribunal delivered the Judgment and,
despite the fact that criminal proceedings were initiated, ending in condemnatory
judgments- some of which are still not final-, said proceedings are not finished because all
the perpetrators and instigators of the facts have not been tried and, if applicable,
punished. It was acknowledged in the Judgment that criminal proceedings were opened
against the most senior members of the dictatorial Government, including the then Head of
State, and the most senior officials in the Ministry of the Interior, the Military Intelligence
Services, the Asunción Police and its Investigations Department, in addition to several
former officers of the Asunción Police who occupied intermediate and lower positions.
9
Cf. Case of Yvon Neptune V. Haiti. Merits, Reparations and Costs. Judgment of May 6, 2008. Series C No.
180, para. 81 and 83.