12
He knows of no legal or de facto consequences in Paraguay of the statements
made by the alleged victim, other than the lawsuit filed against the latter as a
result of his opinions a situation which had “major” national and international
repercussions.
He has no evidence of the impact that the lawsuit filed against Mr. Canese
had on other people who reported acts of corruption. There was greater
“prudence” and “apprehension” in the information disseminated in the media
and in the opinions of the journalists and those who denounced this type of
act, for fear of actions being filed against them.
Throughout the political transition in Paraguay, there were numerous cases of
journalists prosecuted for the offenses of slander, calumny and grave injuria.
During the 1990s, Mr. Wasmosy brought actions against two journalists for
slander and injuria, due to their opinions on the “Case of Conempa and
Itaipú.”
As President of the Journalists’ Trade Union he is aware of the actions against
journalists or other persons for denouncing acts or omissions concerning
matters of public interest or with regard to public figures. The witness cited
the case of two journalists from the newspaper “ABC Color” who were sued
by former President Wasmosy for slander and grave injuria, because, in an
investigative piece of journalism, they denounced the linkages of the former
head of State “with illegal deals” involving the principal fuel and petroleum
products processing and distribution company in Paraguay
The criminal prosecution of those who criticize has drastic consequences, akin
to censorship or self-censorship, on individuals who might bring accusations
against or question public figures or those in power. The result is a high risk
of violating freedom of expression, which resembles prior censorship.
Imposing restrictions on leaving the country can become a limitation of
freedom of movement, if it is not proved that, in a specific case, this measure
is necessary owing to a risk of harming other juridical guarantees or rights.
In general, whatever the area they work in, public officials involved in corrupt
acts in Paraguay are not punished or even prosecuted. In this situation,
impunity has been the rule, with some exceptions in recent years; this has
been exposed in reports by national and international civil organizations, and
has put Paraguay among the first three countries in the world with the
highest rate of corruption, and in first place in America.
59.
The State forwarded the testimonial statements of Hermann Baumann,
Ramón Jiménez Gaona and Oscar Aranda, and the expert report of Juan Carlos
Dionisio Mendonça del Puerto (supra para. 31), all of them made before the Chief
Public Recording Officer of the Government of the Republic of Paraguay (affidavits),
in accordance with the instructions of the President in the Order of February 27,
2004 (supra para. 29). The Court will now summarize the relevant parts of these
statements.
a)
Testimony of Hermann Baumann, member of the CONEMPA
Board of Directors