medical examination was carried out pursuant to the appropriate international
standards.
102. The Commission added that 19 years elapsed between the start of the criminal
proceedings for the torture alleged by the alleged victim and the beginning of the oral
trial on August 20, 2019. It also noted that on December 30, 2019, the accused were
acquitted based on an alleged “lack of scientific evidence.” According to the Commission,
the judgment was not final, as there were appeals pending.
103. The Commission also argued that the matter was not a particularly complex one,
since the facts of the case referred to a specific person and it was possible to investigate
the perpetrators because a specific space, time and place were involved. The
Commission maintained that the delays in the proceedings were due to the “malicious”
actions of the accused’s defense attorneys. In the case of the domestic authorities, the
Commission observed that the State had failed to explain or provide specific evidence to
demonstrate that the judicial authorities acted with the necessary diligence. Finally, the
Commission argued that Mr. López had been denied access to justice because the
proceedings had been drawn out for more than 20 years.
104. Therefore, the Commission held that the State had violated Articles 8(1) and 25(1)
of the American Convention, read in conjunction with to Article 1(1) thereof, because
the investigation was not carried out diligently and within a reasonable period of time.
It also concluded that the lack of effective measures to prevent and punish torture also
constituted a violation of Articles 1, 6 and 8 of the Inter-American Convention to Prevent
and Punish Torture.
105. The representative agreed “completely” with the Commission’s assertions in its
Merits Report. He added that the criminal proceedings showed that the Paraguayan State
was neither capable of, nor interested in, “resolving an event as serious” as the one
involved in the instant case. Furthermore, the evidence provided in the complaint and
by the Public Prosecution Service had not been properly assessed. The criminal
proceedings had been ongoing for more than 20 years without the perpetrators being
convicted for the acts of torture committed against Mr. López. The representative also
noted that the alleged victim had acted diligently throughout the proceedings. In the
specific case, the individuals accused of torturing Mr. López had managed to get the
preliminary hearing suspended “more than 17 times,” which showed their objective was
to “obstruct the progress of the proceedings” with “malicious intent.” The end result was
a lack of judicial protection and of access to justice within a reasonable period of time.
106. The State maintained that it had carried out “an official investigation, diligently
and efficiently.” It noted that in the instant case there was no final judgment
corroborating the alleged events, while the judgment acquitting the accused had been
set aside and a new oral public trial was pending. It also stated that it was aware of the
“delays in the process,” but none of the delays were the State’s responsibility. Therefore,
the State did not accept that the right to a judicial decision within a reasonable time had
been violated. Underscoring the complexity of the matter, the State argued that the case
had faced a series of difficulties, including: (i) the need to lift the immunity of one of the
accused, (ii) the need to take 161 witness statements and present 39 items of
documentary evidence, and (iii) the large number of motions for dismissal and judges
recusing themselves.
107. It also pointed out that the criminal proceedings were interrupted mainly due to
the action for the declaration of unconstitutionality presented by the Public Prosecution
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