I
INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. On November 20, 2021, the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission”) submitted to the jurisdiction of the Court the case of “José [sic 1] López
Sosa v. the Republic of Paraguay” (hereinafter “the State” or “Paraguay”). The
Commission explained that the case concerned the alleged illegal detention, torture and
violation of judicial guarantees and judicial protection of the alleged victim, Jorge Luis
López Sosa, who at the time of the events was working as a police officer.
2.
Proceedings before the Commission. The proceedings before the Commission were
as follows:
a) Petition. – On December 11, 2000, the Commission received the initial petition,
presented by Mr. Jorge Luis López Sosa.
b) Admissibility Report. On March 20, 2013, the Commission approved Admissibility
Report No. 27/13, in which it concluded that the petition was admissible. 2
c) Report on the Merits. On December 15, 2020, the Commission approved Merits
Report No. 376/20 (hereinafter “the Merits Report” or “Report No. 376/20”),
pursuant to Article 50 of the Convention, in which it reached a series of
conclusions and made several recommendations to the State.
d) Notification to the State. On May 20, 2021, the Commission notified the State of
the Merits Report and granted it two months to provide information about
compliance with the Commission’s recommendations. Having been granted an
extension, the State presented its second report on November 5, 2021, in which
it informed the Commission that it could not accept the recommendations made
in the Merits Report, since the internal investigation regarding the events involved
in the instant case was still pending. The State did not request a further
extension.
3.
Submission to the Court. On November 20, 2021, the Commission submitted to
the Court all the facts and human rights violations of the case 3 in view of “the need to
secure justice and redress for the [alleged] victim.”
4.
Requests of the Commission. The Commission asked the Court to determine and
declare Paraguay’s international responsibility for violating the rights established in
Articles 5(1), 5(2), 7(1), 7(2), 7(4), 7(5), 8(1) and 25(1) of the American Convention
on Human Rights, read in conjunction with Articles 1(1) and 2 thereof, and Articles 1, 6
and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment
of Jorge López Sosa. The Commission further asked the Court to order the State to adopt
measures of reparation, which are detailed and analyzed in Chapter VII of this judgment.
1
According to the representative, but, as can be seen from the body of evidence, the name of the
alleged victim is Jorge Luis López Sosa. Cf. among other things, the pleadings, motions and evidence brief, p.
1, or the accused’s statement of December 12, 2000.
2
On April 1, 2013, the Commission notified the parties that the Admissibility Report had been adopted.
3
The Commission appointed Commissioner Edgar Stuardo Ralón Orellana and Executive Secretary
Tania Reneaum Panszi as its delegates to the Court. It also assigned the then Deputy Executive Secretary,
Marisol Blanchard Vera, and Jorge Humberto Meza Flores and Carla Leiva García as legal advisors.
4