9
police and intelligence and the Head of State himself at the time, or without the
collaboration, acquiescence and tolerance revealed by direct actions carried out in a
coordinated and interrelated manner by members of the police forces, intelligence services
and even diplomatic services of the States concerned16. Given that the gravity of the facts
cannot be separated from the context in which they occurred, for the purpose of preserving
the historical memory and the imperative need to ensure that such facts are never
repeated, it is essential for the State to take forthwith the necessary measures to activate
and conclude effectively, within a reasonable time, the investigation to determine the
responsibilities of the perpetrators of the facts committed in the instant case, in the
understanding that criminal prosecution is a fundamental way of preventing future human
rights violations.17 Furthermore, the Tribunal recalls that the facts of this case have violated
non-derogable provisions of international law (jus cogens), therefore, given the nature and
gravity of the facts, the mechanisms of collective guarantee established in the American
Convention, together with the regional and universal international obligations on this issue,
bind the States of the region to collaborate in good faith to eradicate impunity, as a duty of
inter-State cooperation, by exercising their jurisdiction to apply their domestic law and
international law to prosecute and, when applicable, punish those responsible, or by
collaborating with other States that do so or attempt to do so18.
25.
That, regarding the obligation of the State to publish the results of the
investigations, under the terms of the Judgment, so that the Paraguayan society may know
the truth about the facts, the Tribunal takes note that the State undertook to make such
publications at the moment of the delivery of the final judgments in those cases in which
the decisions are not still final, and within the term of one month of the presentation of said
timetable before the Court (supra Having Seen clause 8); this is in early December 2009, in
the cases of the judicial proceedings with final decisions. Said publications shall be made,
according to what the State informed, in the Official Gazette of the Republic of Paraguay,
the web page of the Ministry of Foreign Affairs and the web page of the Judiciary. The
Tribunal shall continue monitoring the results of the investigations to determine what
correspond as to this aspect.
26.
That, in order to continue monitoring compliance with this aspect, it is necessary for
the State to continue presenting complete and updated information on all the measures
adopted and to refer to the aspects mentioned in this Order.
*
*
*
Search and location of the disappeared victims
27.
That, in relation to the obligation of the State to proceed immediately to seek and
locate Agustín Goiburú Giménez, Carlos José Mancuello, Rodolfo Ramírez Villalba and
Benjamín Ramírez Villalba and, if their remains are found, to deliver them to their next kin
forthwith and cover the costs of their burial (operative paragraph six of the Judgment), the
State informed that the Truth and Justice Commission (CVJ) investigated –according to the
16
Cf. Case of Goiburú et al. V. Paraguay, supra note 6, para. 66.
17
Cf. Case of Goiburú et al. V. Paraguay, supra note 6, para. 92; Case of Anzualdo Castro V. Perú.
Preliminary Objections, Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, para.
66.
18
Cf. Case of Goiburú et al. V. Paraguay, supra note 6, para. 128 to 132.