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notified – which obliged the Supreme Court of Justice to deliver a decision
that the legal action had lapsed owing to its abandon, almost three years
after the respective action had been filed.” Mr. Canese’s lawyers had already
been prejudiced by the closure of the evidentiary stage of the proceeding,
“because they had not pressed for a [decision] on the steps taken and had
not requested the time for submitting evidence to be extended; a measure
that corresponded to them because they had offered evidence.” This
negligence was repeated on several occasions during the proceedings;
f)
“The Paraguayan State could be found accountable for its obligation to
decide the legal situation of [Mr.] Canese[,] since [the action] was processed
under a procedural norm that led to a vitiated proceeding[,] because it did
not respect the minimum standards that should be enjoyed by anyone
accused of committing a punishable act, and who has not been convicted
owing to measures he has taken [...], to ensure that individuals accused of
punishable acts enjoy all the rights and guarantees established in the
international human rights system;
g)
It is possible that “… [Mr.] Canese’s case –regulated by the old
procedure– was one of those delayed beyond the minimum parameters
established in the American Convention; although it is not possible to
attribute this to the bodies of the Paraguayan State, which, in the midst of
the crisis, ha[ve] been able to overcome such problems and implement the
new penal model –in form and content;”
h)
“Even though the Paraguayan State […] may be accountable for the
delay in the final decision in the proceedings against [Mr.] Canese,” the
following considerations should be taken into account when examining the
alleged violation of Article 8 of the Convention: the criminal proceedings to
which Mr. Canese was subjected was regulated by a norm of an investigative
nature; the criminal proceedings were of a private nature; in other words, “it
would not have been appropriate for [the State] to expedite the proceedings
de oficio; [and …], on several occasions, [Mr.] Canese’s representatives acted
inadequately by making time-barred submissions or through lack of
procedural activity.” In this respect, “the Paraguayan State cannot be
attributed with all the responsibility for the time consumed to obtain a final
decision in the case; on this point, the Court should therefore decide to reject
the claim;”
i)
Mr. Canese was given all the guarantees of due process for his
defense; however, the procedural actions undertaken by his defense lawyers
were not the “most appropriate”, but, to the contrary, negligent.
Nevertheless, the State absolved him of all guilt and pardoned him for the
offenses of slander and injuria in decision and judgment No. 1362 delivered
by the Supreme Court of Justice of Paraguay on December 11, 2002;
j)
Regarding the restriction to leave the country, Mr. Canese was
subjected to “a precautionary measure of a personal nature [...] following a
request he made to abandon the country, which was opposed in the private
dispute, after the judgment of first instance convicting him had been
delivered.” In the Paraguayan criminal justice system, the measure restricting
departure from the country is “a frequent precautionary measure and does
not harm any right;”
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