42
69(60) On November 3, 1997, the Paraguayan National Electricity Board Workers
Trade Union (SITRANDE) invited Ricardo Canese to represent Paraguay at the first
meeting of the COSSEM Energy Policy Research Center (CEPEC) on November 19
and 20, 1997, in Buenos Aires.101 Ricardo Canese filed a petition for habeas corpus
in order to request authorization to leave the country to take part in this meeting in
Argentina. On November 14, 1997, the Supreme Court of Justice of Paraguay issued
interlocutory order No. 1408 in which “it did not admit” the said petition for habeas
corpus, because the permissions granted previously, on May 30 and October 19,
1997 (infra para. 69(62) and 69(63)), “responded to Mr. Canese’s previous
procedural situation [and now] there is evidence that he has been tried and
convicted.”102
69(61) On May 31, 1999, the Supreme Court of Justice of Paraguay issued decision
and judgment No. 270, deciding to reject the “action on unconstitutionality” filed by
Ricardo Canese on May 3, 1994 (supra para. 69(54) and 69(59)), because, “in any
case, it had become inadmissible, since it had been filed before the legal remedies
established by law had been exhausted [,… given that] the pertinent remedy of
appeal had not been filed […]. Accordingly, he had acquiesced and also renounced
the right to obtain the rectification of the injury caused to him by the decision
contested in this special proceeding.”103
Permissions to leave the country that were granted
69(62) In May 1997, Ricardo Canese filed a petition for habeas corpus reparador
before the Supreme Court of Justice of Paraguay requesting permission to travel to
Uruguay to testify before the Uruguayan courts on June 3, 1997, in a case brought
by Juan Carlos Wasmosy against the newspaper “La República”. On May 30, 1997,
the Supreme Court of Justice of Paraguay issued interlocutory order No. 576, in
which it admitted this recourse and authorized him to leave the country for five days
as of June 2, 1997.104
69(63) On October 19, 1997, the Criminal Chamber of the Supreme Court of Justice
of Paraguay issued interlocutory order No. 1125, in which it admitted a petition for
habeas corpus reparador filed by Ricardo Canese requesting permission to leave the
101
Cf. letter of invitation from the Paraguayan Electricity Board Workers Trade Union (SITRANDE)
dated November 3, 1997, to Ricardo Canese (file of attachments to the brief with requests and
arguments, attachment 3, folio 569).
102
Cf. interlocutory order No. 1408 issued by the Supreme Court of Justice of Paraguay on
November 14, 1997 (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 II, attachment 4, folio
1072; and file of attachments to the application, attachment 13, folio 103).
103
Cf. decision and judgment No. 270 issued by the Supreme Court of Justice of Paraguay on May
31, 1999 (file of attachments to the application, attachment 22, folios 316 and 317).
104
Cf. interlocutory order No. 576 issued by the Supreme Court of Justice of Paraguay on May 30,
1997 (file of attachments to the application, attachment 14, folio 104); testimony of Ricardo Nicolás
Canese Krivoshein given before the Inter-American Court during the public hearing held on April 28, 2004;
newspaper article entitled “Autorizan a Canese para ir al Uruguay” published on May 31, 1997, in the
newspaper “La Nación” (file of attachments to the application, attachment 17, folio 172); and newspaper
article entitled “Dos calificados testigos desnudaron la corrupción del Presidente Wasmosy” published on
June 4, 1997, in the Uruguayan newspaper “La República” (file of attachments to the application,
attachment 17, folio 176).
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