75
143. When examining the criteria that should be taken into account to determine
the reasonableness of the time during which the proceedings evolved (supra para.
141), the Court has verified that Mr. Canese was prosecuted and judged for the
offenses of slander and injuria and that the principal probative elements were the
two newspaper articles in which the statements against which legal action was taken
were published, because no testimonial statements or expert reports were received.
Furthermore, in his statement during the preliminary examination, Mr. Canese
acknowledged that he had made the said statements, so that the probative material
in the criminal proceedings was not very complex. In this respect, the State indicated
that it agreed with the Commission that actions for slander and injuria “should not be
considered complex, unless there is a great deal of evidence to be provided to the
proceedings, and a large number of witnesses or victims, which did not occur in this
case.”
144. Regarding the procedural activity of the parties, Mr. Canese filed several
remedies in exercise of his rights under the domestic legal system and, it is
established in the file that, on repeated occasions, both Mr. Canese and the
complainants’ lawyer submitted briefs requesting the domestic courts to decide on
the appeals that had been filed.
145. In the instant case, the conduct of the judicial authorities is closely related to
the previous parameter for examining reasonable time. The State alleged that it
should be borne in mind that the criminal proceedings to which Mr. Canese was
subjected was regulated by a norm of an investigative type; that 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 that, on
several occasions, Mr. Canese’s representatives acted inadequately “by making timebarred submissions or through lack of procedural activity.” On several occasions, the
judicial authorities even delayed decisions on the appeals that the complainants were
requesting insistently. For example, after the Third Chamber of the Court of Criminal
Appeal had granted the remedy of appeal filed by the complainants’ lawyer against
the judgment of second instance on November 19, 1997, and ordered that the case
files should be forwarded to the Supreme Court of Justice of Paraguay, the
complainants’ lawyer was obliged to request that this appeal be decided. Despite
this, the Criminal Chamber of the Supreme Court of Justice of Paraguay took
approximately three years and five months to rule on the appeal.
146. In the criminal proceedings filed against Mr. Canese, the judicial authorities
did not act with due diligence and promptness; this is reflected, for example, by: a)
the proceedings lasted eight years and six months until the judgment of second
instance was final; b) the time that elapsed between the filing of the appeal against
the judgment of first instance and the delivery of the judgment of second instance
was three years and seven months; and c) the time that elapsed between the filing
of the remedy of appeal against the judgment of second instance filed by the
complainants’ lawyer and the final decision was approximately three years and five
months.
147. The Court observes that the State itself affirmed that 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
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