15
The statements made by Ricardo Canese have had serious consequences for
CONEMPA, which encountered difficulties that prevented the consortium from
qualifying for or being awarded various bids for public works.
While he was being prosecuted and even when he had been convicted for the
offenses of slander and injuria, Mr. Canese attacked CONEMPA and its
directors in newspaper articles and interviews.
The only victims of the consequences of Mr. Canese’s statements were the
members of the consortium.
The witness asked the Court to reject Mr. Canese’s claims.
d)
Expert report of Juan Carlos Dionisio Mendonça del Puerto,
lawyer
The American Convention forms part of the legislation in force in the Republic
of Paraguay.
In accordance with the provisions of Articles 137 and 141 of the Constitution
of Paraguay and with the monist system adopted by this State, the
Constitution is the supreme law; consequently, it ranks higher than the
treaties incorporated into the domestic legal system.
Examination of the contents of Articles 11, 13 and 14 of the American
Convention and Articles 4, 23, 25, 26 and 28 of the Constitution reveals that
the Convention and the Constitution are compatible, so that “the provisions of
the American Convention[,…] particularly with regard to the honor and
reputation of the individual are in full agreement with the provisions of the
Constitution.”
B) TESTIMONIAL AND EXPERT EVIDENCE
60.
On April 28 and 29, 2004, the Court received the statements of the witnesses
and the reports of the expert witnesses proposed by the Inter-American Commission
on Human Rights and the representatives of the alleged victim, respectively (supra
para. 38). The Court will now summarize the relevant parts of these statements and
reports.
a)
Testimony of Ricardo Nicolás Canese Krivoshein, alleged victim
He has been an industrial engineer since 1975 and, since 1978, devoted
himself to investigating matters relating to the Itaipú bi-national hydroelectric
power plant, which is Paraguay’s most important public works project and
principal natural wealth. In Paraguay, he is probably the person who has
written most about this hydroelectric power plant. He also played an active
role in the struggle against the dictatorship of Alfredo Stroessner; as a result,
he had to go into exile in Holland in 1977 and returned to Paraguay in 1984,
when the political conditions permitted.
In 1990 and 1991, together with some Paraguayan “social organizations and
public figures,” he filed written reports with the Attorney General concerning
the activities of CONEMPA and anomalies in its activities relating to the Itaipú