20
Congress considered this situation to be “the most serious known
manifestation of corruption in the history of the Republic of Paraguay.”
In relation to this situation with the Itaipú project, several public complaints
were made, not only by the Bicameral Committee, but also by political
opposition sectors, in different media, such as the newspapers “La Tribuna”,
“ABC”, “Última Hora” and “La Nación”, some political weekly newspapers such
as “El Pueblo”, and the official weekly newspaper of the Ferrerista
Revolutionary Party, which aired the issue, despite political constraints
imposed by the regime.
Owing to his intellectual competence and technical training, Mr. Canese
collaborated closely with the Unified Workers Central on the findings
presented to the Attorney General’s office on corruption in the construction of
Itaipú; he also collaborated with the Bicameral Unlawful Acts Investigation
Committee on this issue. It would have been important for Mr. Canese to
travel to Brazil when the Bicameral Committee invited him to form part of the
delegation investigating in situ the corruption in Itaipú. At that time, Mr.
Canese was providing advisory services to the Bicameral Committee on the
specific issue of Itaipú. Mr. Canese’s training and competence, and also his
commitment to investigating the facts relating to the construction and startup of Itaipú, are well known. The witness has neither represented nor
defended Mr. Canese.
c)
Expert report of Horacio Verbitsky, journalist
The United Nations Development Programme (UNDP) recently presented a
report on the quality of democracy; it notes that one of the basic factors for
which societies reproach Governments relates to high levels of corruption and
the lack of mechanisms to control it. In this context, freedom of expression
is, at the very least, the peoples’ “right to protest.”
The Itaipú hydroelectric dam was built with private bank credits, which made
it impossible to control the management of the funds. In this situation, the
possibility of scrutiny through public debate, political debate and the
reflection of this debate in the press acquired special relevance.
The fact that this case refers to a “political leader,” a candidate to an “elected
position,” does not alter the fundamental dimension of freedom of expression.
The construction of public works using State and public funds is, by definition,
“one of the fundamental issues of collective and public interest.” It is difficult
to imagine cases where the public interest is more ostensible than in
construction works in which “thousands of millions of dollars” are invested,
money which comes basically from the taxpayer.
In this case, the complainants filed the action “on an individual basis,” even
though they had not been named specifically by Mr. Canese, who had
mentioned their companies. In this respect, in several cases before the InterAmerican Commission, it has been stated that the proceeding before the
Inter-American System is a mechanism to protect individuals rather than
companies. In this case, there had been no offense against the complainants,
but rather a “political reference to the activity of the companies with which
these individuals were connected.”