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I
INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. - On December 12, 2017, the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission”) submitted to the Court the case of Arrom Suhurt, Martí Méndez et al. regarding
the Republic of Paraguay (hereinafter also “the State”). The Commission indicated that the
case is related “to the forced disappearance and torture of Juan Francisco Arrom Suhurt and
Anuncio Martí Méndez, leaders of the Patria Libre political movement, between January 17 and
30, 2002.” The Commission concluded that “the State of Paraguay is responsible for the
violation of Articles 3, 4(1), 5(1), 5(2), 7, 8(1), 8(2) and 25(1) of the Convention, in relation
to the obligations established in Article 1(1) of the same instrument. Likewise, the Commission
concluded that the State is responsible for the violation of Articles I(a) and I(b) of the InterAmerican Convention on Forced Disappearance of Persons and Articles 1, 6, and 8 of the InterAmerican Convention to Prevent and Punish the Torture.” Lastly, the Commission indicated
that the facts of this case entailed a violation of Article 5(1) against the next of kin of the
alleged victims.1
2.
Proceedings before the Commission. - The proceedings before the Commission were as
follows:
a) Petition. – On September 23 and 27, 2002, Marina and Cristina Arrom Suhurt
presented the initial petition on behalf of the alleged victims.
b) Admissibility Report. – On October 30, 2008, the Commission approved the
Admissibility Report No. 86/08.2 On November 14, 2008, the Commission notified
said report to the parties and made it available to them in order to reach a friendly
settlement agreement. On June 24 and 25, 2010, the State and the petitioners,
respectively, expressed their desire not to continue with the friendly settlement
process.
c) Report on the Merits. – On September 5, 2017, the Commission approved the
Report on the Merits No. 100/17, in which it reached a series of conclusions 3 and
made several recommendations to the State.4 The Merits Report was notified to the
State on September 12, 2017.
The next of kin of Juan Arrom Suhurt identified as alleged victims are his sisters Cristina Arrom Suhurt, Carmen
Arrom Suhurt, and María Auxiliadora Arrom Suhurt. The next of kin of Anuncio Martí Méndez identified as the alleged
victims are his sisters Marina Cristina Martí Méndez and Marta Ramona Martí Méndez. Likewise, the Commission
indicated in its Report on the Merits that at the time of the events Juan Arrom “had a partner and they had children”
and that Anuncio Martí also had “a partner and a child of a few years of age,” concluding that these persons were
alleged victims without identifying them by name. In this regard, the State filed a preliminary objection for the “lack
of determination and individualization of the victims” which will be duly analyzed by the Court (infra paras. 24to 27).
2
Cf. IACHR, Report No. 86/08, Petition 04-03, Admissibility, Juan Francisco Arrom Suhurt, Anuncio Martí
Méndez, Víctor Antonio Colmán Ortega, Ana Rosa Samudio de Colmán, Jorge Samudio Ferreira and their next of kin,
Paraguay, October 30 of 2008.
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The Commission concluded that the State is responsible for the violation of Articles 3, 4.1, 5.1, 5.2, 7, 8.1,
8.2 and 25.1 of the American Convention on Human Rights, in relation to the obligations established in Article 1.1
thereof. instrument. Likewise, the Commission concluded that the State is responsible for the violation of Articles 1
a) and 1 b) of the Inter-American Convention on Forced Disappearance of Persons and Articles 1, 6, and 8 of the
Inter-American Convention to Prevent and Punish the Torture.
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The Commission made a series of recommendations to the State in relation to: 1. Comprehensive reparation
for the human rights violations declared in this report, both materially and non-materially. The State must adopt
pecuniary compensation and satisfaction measures; 2. Order the necessary physical and mental health care measures
for the rehabilitation of Juan Arrom and Anuncio Martí, if they wish and in a concerted manner. Taking into account
that they are in Brazil, it is appropriate to pay them a specific amount to cover the medical services that they must
pay for in that country; 3. Reopen and complete the criminal investigation diligently, effectively and within a
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