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country, until, in August 2002, the Supreme Court of Justice of Paraguay
lifted the restriction definitively and granted him permission to leave the
country, although he had been convicted and was subject to a final appeal for
review. A court order was never issued for his imprisonment.
The private lawyers he employed to handle his case worked correctly and
presented “urgent reminders” in many instances. Regarding the State’s
allegations about shortcomings owing to time-barred submissions and
procedural inaction on their part, the witness indicated he did not have the
authority or the knowledge to discuss with his lawyers whether what they
were doing was correct, but all the appeals they submitted appear in the files,
including the four appeals for review. There was “negligence” on the part of
the judicial authorities during the criminal proceeding against him, and there
were delays in providing justice by the judge of first instance, the Court of
Appeal, and the Supreme Court of Justice of Paraguay. The criminal
proceeding started in October 1992 and the judge of first instance issued a
judgment in March 1994, although it was “a fairly simple trial.” An appeal was
filed in March 1994, and the Court of Appeal did not hand down a ruling until
November 1997. In the case of the Supreme Court of Justice of Paraguay
“the delay in justice has been more obvious.”
During the Government of President Wasmosy, the statements made by the
witness had other consequences, in addition to restrictions to leaving the
country. Regarding his freedom of expression, the witness “was silenced for
quite a long time,” because the director of the private communications
network that owned the newspaper “Noticias” and Channel 13, with which he
worked, told him he was very satisfied with his work, but his comments and
opinions had to cease “immediately”; the director asked him to stop working
for the company so that the private communications network and its
employees would not be prejudiced. He told Mr. Canese that he was receiving
pressure directly from the President of the Republic. “The intention was not
only to silence [him], but [to silence] any other person who wanted to emit
an opinion on the issue and instill fear among the population,” so that the
Government would receive as little criticism as possible.
After he was convicted, he also had problems finding work; he was told that
his services were wanted, but that he could not be employed because of his
problems with Mr. Wasmosy. Mr. Canese began publishing his articles again
at the end of 1995 or the beginning of 1996 in the newspaper “La Nación.”
The criminal proceeding against the witness affected his family. It also caused
him to exercise self-censorship, because he had to be careful about
expressing his opinions and could not express his opinion freely. Mr. Canese
did not take part in political and electoral activities again, because he
considered it stressful, owing to the lack of “real protection” and the absence
of the rule of law.
He would like the Court to establish that no one may be persecuted as he
was, and that freedom of expression should be protected in Paraguay. To
make full reparation to him for the losses suffered, the State should make a
“public acknowledgement.”