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d)
With regard to the procedural activity of the interested party, Mr.
Canese did not carry out any delaying activities during the proceedings in first
and second instance; he even accepted the content of the press articles on
which the accusation was founded and the evidence he offered was rejected.
“Even if the petitioner had not acted with due diligence during the
proceedings, [...] the ten years that the proceedings lasted, which included
measures that restricted freedom of movement, were excessive for an offense
whose punishment could only be one year’s imprisonment;”
e)
The judicial authorities acted with “manifest negligence,” directly
contributing to the “delay in the proceeding.” “[Mr.] Canese was never able to
argue that the articles on which the accusation was founded were true, and
the evidence he offered was not accepted; consequently, it is not reasonable
for the appeal to have taken three years, and that the appeals for review
were finally decided in May 2002;”
f)
There was an “unjustified delay” in the proceedings filed against Mr.
Canese, because eight years elapsed from the time the judgment of first
instance was delivered until the judgment was considered executed in May
2002;
g)
From the documents in the case file, it is evident that the order which
permanently restricted Mr. Canese’s freedom of movement was based on the
judgment of first instance. The Paraguayan Penal Code under which Mr.
Canese was convicted did not establish the prohibition to leave the country as
part of the sanction, so it should be considered “a preventive measure
adopted to ensure compliance with the final sanction that might be imposed;”
h)
The State did not justify the necessity to restrict Mr. Canese from
leaving national territory on a permanent basis, because neither the existence
of a lawsuit against him, nor the sentence delivered in first instance, which
was not final, necessarily provided justification. Mr. Canese even abandoned
national territory with permissions obtained by means of petitions for habeas
corpus, which suggests that the restriction was unnecessary and
disproportionate, and that the Paraguayan justice system itself did not
consider he would abscond or evade the proceedings. Also, the Paraguayan
jurisdictional bodies contradicted each other by denying Mr. Canese’s requests
to leave the country;
i)
The criminal proceedings filed against Mr. Canese and the restriction of
his freedom of movement for eight years exceeded the reasonable time to
which this kind of measure should be limited; particularly taking into account
that the sanction Mr. Canese could have faced was two months’ imprisonment
and a fine; and
j)
The restriction to leave the country imposed on Ricardo Canese
became an excessive and anticipated punitive measure, in violation of the
principle of innocence established in Article 8(2) of the American Convention
in relation to the general obligation to respect and guarantee rights
established in Article 1(1) thereof, because it lasted so long and without any
justification, despite the remedies filed in the domestic sphere to counter it.
Arguments of the representatives of the alleged victim
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