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

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