4
d) Report on the recommendations of the Commission. – The Paraguayan State
responded to the Report on the Merits, rejecting the determinations made regarding
the violations established and the reparations ordered in favor of the victims.
e) Submission to the Court. – On December 12, 2017, the Commission submitted this
case to the Court “due to the need to obtain justice and reparation for the victims.”
The Commission appointed Commissioner Francisco Eguiguren Praeli and Executive
Secretary Paulo Abrão as its delegates. The Commission also appointed Elizabeth
Abi-Mershed, Deputy Executive Secretary, and Silvia Serrano Guzmán, attorney
from the IACHR Executive Secretariat, as legal advisers.
3.
Commission requests. – Based on the foregoing, the Inter-American Commission
requested this Court to conclude and declare the international responsibility of the State of
Paraguay for the violations contained in its Report on the Merits and to order the State, as
reparation measures, the recommendations included in said report (supra para. 2).
II
PROCEEDINGS BEFORE THE COURT
4.
Notification to the State and to the representatives of the alleged victims. – The
submission of the case was notified to the State of Paraguay and to the representatives of the
alleged victims through communications of February 12 and 13, 2018, respectively.
5.
Brief with pleadings, motions and evidence. – On April 3, 2018, the representatives of
the alleged victims (hereinafter “the representatives”) presented their brief with pleadings,
motions and evidence (hereinafter “brief with pleadings and of requests and arguments”),
pursuant to Articles 25 and 40 of the Rules of Procedure. of the Court 5. The representatives
agreed with what was alleged by the Commission, and added that the State was also
responsible for the violation of Articles 11(1) and 22 in relation to Articles 1(1) and 2 of the
Convention, as well as Articles 7 and 9 of the Inter-American Convention to Prevent and Punish
Torture. Likewise, the representatives requested that the State be ordered to adopt various
measures of reparation and the reimbursement of certain costs and expenses.
6.
Answering brief. – On August 14, 2018, the State submitted to the Court its brief of
preliminary objections and response to the case submitted by the Commission, as well as its
reasonable time in order to fully clarify the facts, identify all possible responsibilities and impose the corresponding
sanctions regarding the human rights violations declared in this report, and 4. Establish non-repetition mechanisms
that include: a) Strengthening the investigative capacity of the Public Ministry, especially in cases of serious human
rights violations, which ensure the ex officio initiation of the investigation and due diligence in its development; b)
Adopt the necessary measures so that the actions of the Public Prosecutor's Office that can definitively close the
possibility of investigating serious violations of human rights, can be submitted to judicial control, and c) Adopt the
necessary measures so that in the development of the investigations and criminal proceedings all authorities comply
with the duty to respect the presumption of innocence and avoid stigmatizing those who are being prosecuted within
the framework of the search measures for said persons.
5
On January 25, 2018, the alleged victims presented powers of attorney in favor of Carlos Abadie Pankow. On
February 22, 2019, Juan Francisco Arrom Suhurt remitted his power of attorney together with that of Anuncio Martí
Méndez in favor of the lawyer Marcos Santos Vasconcelos. On March 26, 2019, they submitted a new power of
attorney in favor of Rubén Bernardo Lisboa Lezcano and Hugo Ruiz Díaz Balbuena. On April 10, 2019, the alleged
victims submitted a brief in which they revoked the power of attorney initially granted to Carlos Abadie Pankow.
Therefore, when referring to the arguments or evidence presented by the lawyers Carlos Abadie Pankow, Marcos
Santos Vasconcelos, Ruben Bernardo Lisboa Lezcano or Hugo Ruiz Diaz Balbuena, the Court will refer to them as “the
representatives.”