5
Ramírez Villalba and Benjamín Ramírez Villalba (operative paragraph five of the
Judgment), the State informed that the legal representative of the victims' next-ofkin furnished the Office of the Attorney General of the Republic with information
related to the different courts where the different court cases were assigned to, in
order to carry out the necessary procedures to activate the corresponding case files.
Thus, the State points out, in a general way that said courts would be carrying out
the necessary procedures.
11.
That the victims’ next- of-kin, through their representatives, referred that, up
to the moment, no progress was made in the investigations kept by the Office of the
Public Prosecutor or the Attorney’s General of the Republic of Paraguay.
Furthermore, they mentioned that even though it is true that the representatives
furnished the different courts with information, such information was of public nature
and that it was already in the hands of the State. The representatives informed that
the Trial Court on Criminal Matters delivered a final judgment against one of the
alleged masterminds of the facts, convicting him to a 10- year imprisonment for the
death of Mr. Agustín Goiburú, though the case is still not concluded. Furthermore,
the representatives stated that they were familiar with the request for extradition of
the former Interior Minister, who would be, at this moment, isolated in Honduras.
12.
That the Commission considered that the information provided by the State
does not prove that new measures have been adopted in order to comply with this
obligation, and that the State would has only adopted useless measures.
Furthermore, it pointed out that the State is fully aware of the existing criminal
procedures regarding the victims of the instant case and that it is its duty to expedite
such procedures until they are concluded, taking into account the clarifications made
by the Court in its Judgment.
13.
That as to the information submitted by the State, in relation to the obligation
to immediately carry out the necessary procedures to activate and conclude
effectively, within a reasonable time, the investigation to determine the masterminds
and perpetrators of the acts committed, the Court observes that even though some
measures have been adopted in order to clarify the facts of the case, there is no
sufficient information to determine whether the existing judicial mechanisms have
been effective. In this sense, the Tribunal considers it is vital for the State to submit
up-dated, detailed and complete information on the measures carried out and the
progress made in the procedures, specially, regarding any measure adopted in order
to identify the possible masterminds and perpetrators.
14.
That, as has been established in the Judgment, it is necessary to remember
that the instant case deals with forced disappearances of people, among other
violations, and that the State has the duty to initiate a prompt, serious, impartial and
effective investigation ex officio (paragraph 88 of the Judgment). Certainly, during
the investigation and judicial proceedings, the victims or their next of kin must have
ample opportunity to take part and be heard, both in the elucidation of the facts and
the punishment of those responsible, and in the quest for fair compensation.
However, the investigation and the proceedings must have a purpose and be
assumed by the State as its inherent legal obligation and not as the result of efforts
made by private interests, which depend on the procedural initiative of the victims or
their next of kin or on the contribution of probative elements by the latter
(paragraph 117 of the Judgment).