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hydroelectric power plant; also, concerning the company’s alleged tax
evasion, based on a decree issued by former President Stroessner. The
reports made direct reference to the participation of Mr. Wasmosy, as
President of this company, in allegedly punishable acts committed during the
Stroessner dictatorship. The reports were not investigated.
In 1991, when Paraguay opened up to democracy, the witness took part in
the Asunción municipal elections for the party Asunción para Todos; he was
the first candidate for councilor and was elected. The party put his name
forward as candidate for the presidency of the Republic in the 1993 elections.
In August 1992, while the witness was a candidate for the presidency of the
Republic, and when being questioned by the press about Mr. Wasmosy’s
candidacy, he stated that Mr. Wasmosy had amassed “an immense fortune,”
because he had been President of CONEMPA, which had been contracted to
carry out the principal construction works of the Itaipú hydroelectric power
plant, owing to connections with the former dictator. In view of these facts,
it was not in the country’s interests that Mr. Wasmosy should be a candidate
for the presidency of the Republic; particularly, in Paraguay’s “first free
elections.” He had sufficient grounds and evidence to make such statements.
When the witness made those statements concerning Mr. Wasmosy, he had
no expectation of being elected President of the Republic, because he
represented a small party; his purpose was to inform the voters. In these
elections, Juan Carlos Wasmosy was elected President of the Republic.
After the witness had made the statements about Mr. Wasmosy, Hermann
Baumann, Oscar Aranda and Ramón Jiménez Gaona, colleagues of Mr.
Wasmosy in CONEMPA, filed a criminal action against Mr. Canese. In his
statements, the witness had not mentioned these colleagues, because his
criticism was addressed only at Mr. Wasmosy, since the latter had become
“very wealthy” during the dictatorship through business dealings. In the
course of the criminal proceeding, when making a statement during the
preliminary examination and at the conciliation hearing, Mr. Canese declared
that, in the statements he had made, he had not referred to the
complainants, but only to Mr. Wasmosy, because his interest was “the issue
of the presidency of the Republic,” “the public interest [and] the issue of
Itaipú.”
During the criminal proceeding, the alleged victim’s lawyers provided the
evidence in time, but the judge registered its presentation after the time had
elapsed, claiming he had too much work. Mr. Canese was not allowed to
exercise the right to “present evidence.” The day after he delivered the
judgment convicting the witness, the judge was “promoted by the President of
the Republic.”
In 1999, with the entry into force of the new Penal Code, the witness filed an
appeal for review, which was never decided. In 2000, he repeated this
remedy, “expanding the grounds.” In May 2001 and May 2002, the Supreme
Court of Justice of Paraguay declared the said remedies inadmissible. They
filed a new appeal for review based on “the same or very similar arguments,”
and it was decided in his favor by the Supreme Court of Justice of Paraguay
on December 11, 2002. The judgment by which the Supreme Court of Justice
of Paraguay absolved him does not guarantee that he or any other person