11
The State acknowledges that, in the past, specifically during the regime of Alfredo
Stroessner (1954-1989), grave human rights violations were perpetrated that must be
investigated, punished and repaired adequately by the State. However, it is important to
stress that, as of 1989, with the fall of General Stroessner and the re-establishment of
democracy, the Paraguayan State has constantly advanced towards the effective respect
for and guarantee of human rights in Paraguay. One of these measures, of great
importance in the instant case, was the judicial reform, which, naturally, was slow,
owing to its complexity. […]
It is evident that, during the 1954-1989 regime, the State did not observe the first
obligation referred to in the Court’s case law, which is that of “respect for the rights and
freedoms” embodied in the Convention. Regarding the second obligation, “that of
ensuring” the free and full exercise of the rights recognized in the Convention, the State
presents the following arguments to attenuate its responsibility. The Court’s case law
with regard to this obligation indicates that it implies the obligation of the States Parties
to organize the government and, in general, all the structures by which the exercise of
public authority is manifested, so that they are capable of ensuring juridically the free
and full exercise of human rights.
There is no doubt that [the] obligation to ensure rights was not complied with by the
State during the 1954-1989 regime, because instead of organizing the Government so
that it was capable of juridically ensuring the free and full exercise of human rights, it
was established under a repressive system that systematically violated human rights.
Nevertheless, it is important to mention that, contrary to other countries of the Southern
Cone, Paraguay never adopted amnesty laws and recognized the non-applicability of the
prescription of grave human rights violations. The State affirms that these are examples
of preventive measures designed to preclude the repetition of abuses such as those that
occurred during the 1954-1989 dictatorship. […T]he State calls attention to several
positive measures adopted following the re-establishment of the rule of law. In this
context, Paraguay ratified the American Convention on August 24, 1989, shortly after
the return of the civil regime. Thus, the Convention was the first international human
rights treaty that became effective in Parliament […].
Regarding the legal reform, the State emphasizes the inclusion of the prohibition of
torture and the non-applicability of the prescription of crimes against humanity in the
1992 Constitution, the reform of the Penal Code and the Criminal Procedural Code in
1997 and 1998, respectively, and the promulgation of Act No 2,225 “creating the Truth
and Justice Commission” on September 11, 2003.
Lastly, the Paraguayan State is observing its obligation to compensate the victims of
violations of the human rights embodied in the American Convention [because], in 1996,
it adopted Act No. 836 [sic] “which compensates victims of human rights violations
during the 1954 to 1989 dictatorship.” […]
The State acquiesces to the claims of the petitioner regarding the violation, to the
detriment of the victim, Agustín Goiburú, illegally and arbitrarily detained and
disappeared during the regime of Alfredo Stroessner (1954-1989), of Article 4, right to
life, and Article 5, right to humane treatment, as specified by the petitioner, as well as
Article 7, recognized and guaranteed by the American Convention on Human Rights
based on the arbitrary and illegal detention of the victim and his forced disappearance
which continues to this day.
The State acquiesces to the claims of the petitioner regarding the violation, to the
detriment of the victim, Carlos José Mancuello, illegally and arbitrarily detained and
disappeared during the regime of General Alfredo Stroessner (1954-1989), of Article 4
[right to life] and Article 5, right to humane treatment, as specified by the petitioner, as
well as Article 7, recognized and guaranteed by the American Convention on Human
Rights based on the arbitrary and illegal detention of the victim and his forced
disappearance which continues to this day.
The State acquiesces to the claims of the petitioner, Julio Darío Ramírez Villalba,
regarding the violation, to the detriment of the victims, Rodolfo and Benjamín Ramírez
Villalba, illegally and arbitrarily detained and disappeared during the regime of Alfredo
Stroessner (1954-1989), of Article 4, right to life, and Article 5, right to humane
treatment, as specified by the petitioner, as well as Article 7, recognized and guaranteed
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