51
When judicial proceedings were still pending or still in progress, petitions of habeas
corpus were never granted. The assumption was that the factual issue of failure to
comply with deadlines was a problem of the system’s operation. However, in today’s
Paraguay, three years is considered a reasonable period for proceedings to be
completed. If not completed within that time frame, the defendants have to be
released.
It was and still is possible that a released juvenile might be returned immediately to
prison or to the institution from which he was released, this time on a new charge.
He may never have been actually free. So, in practice, there was a dual judicial
system, one run by the police, who not only detained people but often released them
in exchange for money or for political reasons.
When the witness was attorney general, he received many complaints during his
visits to the Center. The juveniles complained that part of their “ill-gotten gains”
would end up in the hands of the police and that when they got out, if they didn’t
follow the police’s orders, they would be sent back to prison. Proceedings and
preventive detention could be ordered on the basis of a simple police report; in other
words, a judge would institute proceedings and order immediate preventive
detention simply on the word of the police.
C) EVIDENCE ASSESSMENT
Evaluation of the Documentary Evidence
80.
In this case, as in others,39 the Court accepts the probatory value of those
documents that were submitted by the parties at the appropriate procedural moment
or as evidence to facilitate adjudication of the case and which was neither disputed
nor challenged and the authenticity of which was not questioned.
81.
Regarding to the newspaper clippings, this Court has held that even though
they are not documentary evidence proper, they may be assessed when they reflect
publicly-known or notorious facts, statements of State officials, or when they
corroborate facts established in other documents or testimony taken in the
40
proceeding.
82.
As for the testimony and expert opinions given at the Office of the Chief
Notary Public of the Government of Paraguay, like those given in the presence of a
person with legal authority to authenticate documents (supra paragraphs 44, 45 and
46), this Court evaluates them in the body of evidence and admits them to the
extent that they fit the purpose of the proposed examination, have neither been
disputed nor objected to, and are not contradicted by the other evidence submitted
in this case.
39
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 50; Case of the 19 Tradesmen,
supra note 26, para. 73; and Case of Herrera Ulloa, supra note 29, para. 67.
40
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 51; Case of Herrera Ulloa, supra
note 29, para. 71; and Case of Myrna Mack Chang. Judgment of November 25, 2003. Series C No. 101,
para. 131 in fine.
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