40
attempted to leave the country; especially in the case of someone who had been
convicted such as the person in the instant case.”90
69(54) On May 3, 1994, Ricardo Canese filed an action on unconstitutionality
against interlocutory order No. 409 of April 29, 1994 (supra para. 69(53)).91
69(55) On June 8, 1994, Ricardo Canese and his lawyer submitted a brief to the
First Criminal Trial Court requesting “permission to leave the country” for four days,
because the Bicameral Unlawful Acts Investigation Committee of the National
Congress had decided to include him in the “Official Legislative Committee” that
would travel to Brazil on June 14, 1994. In this brief, Mr. Canese offered effective,
personal surety.92 On June 8, 1994, the President and the Secretary General of the
Bicameral Committee requested the First Trial Judge for Criminal Matters to bear in
mind, when considering [Mr. Canese’s] request to leave the country, that the
Bicameral Committee considered it “necessary that Ricardo Canese accompany [the
Commission’s] delegation that [would] travel to Brazil on […] June 14 and return on
June 18, [1994], in view of his expertise in matters relating to Itaipú.” The Bicameral
Committee also indicated that Mr. Canese would return to Paraguay together with
the delegation, “and that any suggestion that he wishes to abscond from the country
in order to evade his trial should be rejected.”93
69(56) On June 9, 1994, the First Criminal Trial Court issued interlocutory order
No. 593, deciding to forward the requests of the Bicameral Unlawful Acts
Investigation Committee and Ricardo Canese (supra para. 69(55)) to the Supreme
Court of Justice of Paraguay.94 The following day, that Court decided to return “the
principal case files to the court of origin,” because the “petition is based on different
reasons from those supporting the order currently contested by the action on
90
Cf. interlocutory order No. 409 issued by the First Criminal Trial Court on April 29, 1994 (copy of
the file of the criminal proceeding against Ricardo Canese for the offenses of slander and injuria before the
First Criminal Trial Court, file of attachments to the brief answering the application, and with observations
on the brief with requests and arguments, tome I, attachment 4, folios 933 and 934).
91
Cf. action on unconstitutionality filed by Ricardo Canese and his lawyer on May 3, 1994 (copy of
the file of the criminal proceeding against Ricardo Canese for the offenses of slander and injuria before the
First Criminal Trial Court, file of attachments to the brief answering the application, and with observations
on the brief with requests and arguments, tome I, attachment 4, folio 938); and testimony of Ricardo
Nicolás Canese Krivoshein given before the Inter-American Court during the public hearing held on April
28, 2004.
92
Cf. brief submitted by Ricardo Canese and his lawyer to the First Criminal Trial Court on June 8,
1994 (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of slander and
injuria before the First Criminal Trial Court, file of attachments to the brief answering the application, and
with observations on the brief with requests and arguments, tome I, attachment 4, folios 944 and 945);
and testimony of Ricardo Nicolás Canese Krivoshein given before the Inter-American Court during the
public hearing held on April 28, 2004.
93
Cf. communication of June 8, 1994, addressed by the President and Secretary General of the
Bicameral Unlawful Acts Investigation Committee of the National Congress to the First Trial Judge for
Criminal Matters (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of
slander and injuria before the First Criminal Trial Court, file of attachments to the brief answering the
application, and with observations on the brief with requests and arguments, tome I, attachment 4, folio
942).
94
Cf. interlocutory order No. 593 issued by the First Criminal Trial Court on June 9, 1994 (copy of
the file of the criminal proceeding against Ricardo Canese for the offenses of slander and injuria before the
First Criminal Trial Court, file of attachments to the brief answering the application, and with observations
on the brief with requests and arguments, tome I, attachment 4, folio 946).
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