series of "apparently dilatory” motions were filed that led to constitutional challenges before the Supreme
Court. With respect to the delay in the criminal proceedings, the State argued that the holdups were due to
"apparent malicious practice by the defendants' defense counsels, relying on a criminal system still lacking in
infrastructure and relatively new."
13. The State says that on November 26, 2003, the preliminary hearing was reached with the case "practically
extinguished," as a result of which the Public Prosecution Service and the plaintiff filed an objection on
constitutional grounds, requesting that certain provisions of the Code of Criminal Procedure be declared
inapplicable. After the judge declared herself as lacking jurisdiction to take up objection, the State recognized
the "tardiness" of the Supreme Court of Justice, which took 4 years and 8 months to rule on the objection on
constitutional grounds aimed at preventing the criminal action against the alleged torturers from being
declared extinguished. The State says that on May 5, 2008, the Supreme Court of Justice ruled in favor of the
alleged victim and the Public Prosecution Service, declaring certain contested articles of the Code of Criminal
Procedure inapplicable, which, according to the State, "removed any impediment to holding a new preliminary
hearing to review the indictment with a view to initiating the oral trial in the case.” As of August 2008, it says
that the matter was still before the Supreme Court in order to resolve a request for clarification made by the
defendants' defense.
14. It should be added that as a result of the above, the State initially challenged the admissibility of the petition
on the grounds of non-exhaustion of domestic remedies. It stated that "the possibility clearly exists of holding
the preliminary hearing, the oral and public trial," and the potential pursuit of subsequent remedies. It argued
that while the excessive delay in disposing of the objection on constitutional grounds was questionable, the
new situation created by the decision in his favor ruled out suspicions and allowed the judicial operators "to
search for the real truth.” It added that Decision and Judgment No. 195 of May 5, 2008 should be taken into
account as evidence of the filing of the complaint in accordance with Article 48(1)(c) of the American
Convention and Article 34(c) of the Rules of Procedure of the IACHR.
15. The State also said that there were no new possibilities for dilatory interference in the process given the
change in Paraguay's political context. It noted that at the time the petition was lodged, the country was being
governed by authorities belonging to the political party that had been in power for more than 60 years and
remained so until 2008, when there was a transition in power. In that regard, it said that the record was
"withheld" by a judge for 2 years and 6 months, until he was recused and separated from the case; therefore,
"there is no possibility within the judiciary of further interference of a purely dilatory nature." Thus, it
committed itself to ensuring that the process is conducted with unrestricted respect for the procedural
deadlines provided by domestic law.
16. On November 13, 2020, the State reported that the oral and public trial lasted four months and that a
judgment was handed down on December 30, 2019, which declared “not proven the existence of the punishable
act of torture," and consequently, the three defendants in the case were acquitted on the basis of "reasonable
doubt," since it was not possible from the evidence to establish conclusively the events under investigation and
the participation of the accused. The State added that the judgment is not final because the case is currently in
the Court of Appeal for Criminal Matters, Third Division, Asunción, because appeals were filed. It also said that
"the State cannot but point out that its position with regard to the facts in the case must be consistent with the
judicial pronouncements that have been made and that may be made in the near future.” In addition, the State
said that it would keep the IACHR informed of the progress of the proceedings and "take action on other matters
related to the case as soon as possible.”
III. FINDINGS OF FACT
A.
Relevant law
17. The Organic Law of the National Police in force at the time states: 2
2
Organic Law of the National Police, Law 222/93.
3