17
who reports corruption involving a public figure will not be subjected to
criminal proceedings. According to the witness, the Supreme Court’s last
decision “was partial and delayed reparation.” The State has not granted him
any reparation for the losses suffered. In relation to the costs, he has just
received notification of the Supreme Court’s ruling establishing that the
complainants must pay the costs, although the acquittal was handed down
eighteen months ago. The Supreme Court of Justice of Paraguay has not
made any “offer regarding his losses, or regarding the essential issue, which
is [the] most important.”
In 1999, the witness exercised the functions of Deputy Minister of Mines and
Energy, owing to his active participation in “other social movements,” which
had demanded that the then President appoint him to the position. He was
Deputy Minister for only eleven months, because he was removed from office
for criticizing the President of the Republic for not defending national interests
before Brazil with regard to the Itaipú hydroelectric power plant.
As a result of the criminal action, the witness’s ability to leave the country
was restricted, with the intention of “sanctioning him in advance.” When
Harvard University issued an invitation to him in 1993, “an attempt was made
to detain [him] and to prevent [him] from leaving the country,” allegedly
because he was involved in a criminal proceedings. He was “systematically”
denied authorization to leave the country from the time he was convicted in
March 1994 until July 1997, because he was “forbidden by the judge of the
case.” In light of the foregoing incident, when he was invited to Brazil in 1994
by that country’s Workers’ Party for the launching of Lula da Silva’s
candidacy, he requested the corresponding permission and offered a material
surety, because, under the previous legislation, there was no provision under
which he could be retained, since he was “domiciled” in Paraguay with his
family and his professional career. However, the judge denied him permission
to leave. In June 1994, the judge again denied the witness permission to
leave when the Bicameral Investigation Committee invited him to Brazil to
investigate alleged acts of corruption in Itaipú in conjunction with Brazilian
parliamentarians. To counter this situation, on the advice of his lawyers, he
filed an action on unconstitutionality. He filed several “urgent reminders” for
a ruling in this action, until finally, in 1999, the Court issued a negative
decision. He received other invitations to scientific and professional
congresses and activities, but was not allowed to leave. He was able to leave
the country for the first time in July 1997, when he requested permission to
go to Uruguay to give testimony in a trial and, when his request was denied,
he filed a writ of habeas corpus, which was granted. He was unable to leave
the country from 1994 until July 1997. In November 1997, he again
requested an exit permit and the Supreme Court of Justice of Paraguay did
not grant him the permit, even though the judgment was not final. Several
times, the Court failed to decide the habeas corpus he had filed, which meant
that he was unable to leave the country. In 1999, when he was appointed
Deputy Minister of Mines and Energy, he filed a “general” writ of habeas
corpus to be able to leave the country, and this was denied. The functions of
a deputy minister involve frequent trips outside the country, so he had to file
a writ of habeas corpus each time he needed to travel. He was granted the
permits he requested while he was Deputy Minister, because he was
exercising a public position. When the witness ceased to be Deputy Minister,
he had to file a writ of habeas corpus each time he wanted to leave the