Inter-American Court of Human Rights
Case of Ricardo Canese v. Paraguay
Judgment of August 31, 2004
(Merits, Reparations and Costs)

In the Case of Ricardo Canese,
the Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”), composed of the following judges:*
Sergio García Ramírez, President
Alirio Abreu Burelli, Vice President
Oliver Jackman, Judge
Antônio A. Cançado Trindade, Judge
Manuel E. Ventura Robles, Judge
Diego García-Sayán, Judge, and
Emilio Camacho Paredes, Judge ad hoc
also present,
Pablo Saavedra Alessandri, Secretary, and
Emilia Segares Rodríguez, Deputy Secretary,
pursuant to Article 63(1) of the American Convention on Human Rights (hereinafter
“the Convention” or “the American Convention”) and Articles 29, 56 and 58 of the
Rules of Procedure of the Court (hereinafter “the Rules of Procedure”),1 delivers this
judgment.
I
INTRODUCTION OF THE CASE
1.
On June 12, 2002, the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) filed before the
Court an application against the State of Paraguay (hereinafter “the State” or
“Paraguay”), originating from petition No. 12,032, received by the Secretariat of the
Commission on July 2, 1998.
2.
The Commission filed the application based on Article 61 of the American
Convention, for the Court to decide whether the State had violated Articles 8 (Right
to a Fair Trial), 9 (Freedom from Ex Post Facto Laws), 13 (Freedom of Thought and
Expression) and 22 (Freedom of Movement and Residence) of the American
Convention, all in relation to Article 1(1) (Obligation to Respect Rights) thereof, to
*

Judge Cecilia Medina Quiroga excused herself from hearing this case, in accordance with Articles
19 of the Statute and 19 of the Rules of Procedure of the Court.
1

This judgment is delivered under the terms of the Rules of Procedure adopted by the InterAmerican Court of Human Rights at its XLIX Regular Session by an Order of November 24, 2000, which
entered into force on June 1, 2001, and according to the partial reform adopted by the Court at its LXI
Regular Session by an Order of November 25, 2003, in force since January 1, 2004.

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