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The statements made by Mr. Canese and broadcast by various radio stations
and television programs caused significant prejudice to CONEMPA, because
they inspired distrust of the consortium and prevented it from qualifying for
or being awarded several public bids for public works. In 1992, the company
had a plant with 850 workers and employees, and this decreased to less than
50 in 1997. This created a social problem for a group of qualified personnel
who had worked on the Itaipú and Yacyretá projects, a group that suffered
the consequences of Mr. Canese’s statements. Furthermore, these statements
directly harmed the directors of CONEMPA, as well as all the companies that
were member of the consortium.
The campaign to discredit CONEMPA was not limited to the 1992 publications,
but continued for approximately ten years, without Mr. Canese ever trying to
prove the truth of these affirmations. Proof of this is that there are no
complaints signed by Mr. Canese in the Paraguayan courts; “he merely
slandered and defamed repeatedly through the press.”
Mr. Canese placed himself at the service of a group of persons who, at the
time of the facts, were political adversaries of Mr. Wasmosy.
During the Government of Luis González Macchi, Mr. Canese occupied the
position of Deputy Minister of Mines and Energy for approximately one year;
he was therefore the head of “the bi-nationals.” During this time, Mr. Canese
looked into the files of the Itaipú and Yacyretá bi-national entities, without
finding any document that would support his charges.
The witness requested the Court to reject the application filed by Mr. Canese
against Paraguay.
c)
Testimony of Oscar Aranda Núñez, member of the CONEMPA
board of Directors
The witness knows Mr. Canese and, as a member of the CONEMPA Board of
Directors, filed a criminal action against him for the offenses of slander and
injuria in 1992.
Starting in 1992 and for several more years, CONEMPA and, more specifically,
the members of its Board of Directors, were victims of attacks on their honor
and reputation, because they formed part of this corporation, which is a
consortium of Paraguayan companies that have united in order to participate
in diverse civil works related to the Itaipú bi-national entity.
Mr. Canese joined the “political enemies” of Juan Carlos Wasmosy –member
of CONEMPA, who was a candidate to the presidency of the Republic– and,
even after the said criminal action had been filed by the members of the
CONEMPA Board of Directors, he continued defaming and slandering them
repeatedly.
Mr. Canese was convicted by the Paraguayan justice system in three
instances, but the Supreme Court of Justice of Paraguay “reviewed its
judgment” and “dismissed the proceedings against him”; consequently, he
went unpunished, despite the evidence assembled during the case.