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the State had incurred in the continuing violation of the rights embodied in Articles 7
(Right to Personal Liberty), 5 (Right to Humane Treatment) and 4 (Right to Life) of
the American Convention, in relation to Article 1(1) thereof, to the detriment of
Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, and the brothers Rodolfo
and Benjamín Ramírez Villalba. The Commission also requested the Court to declare
that the State was responsible for the continuing violation of Article 5 (Right to
Humane Treatment) of the American Convention, in relation to Article 1(1) thereof,
to the detriment of the victims’ next of kin. In addition, the Commission asked the
Court to declare that the State had incurred in the continuing violation of Articles 8
(Right to a Fair Trial) and 25 (Judicial Protection) of the Convention, in relation to
Article 1(1) thereof, to the detriment of Agustín Goiburú Giménez, Carlos José
Mancuello Bareiro and the brothers Rodolfo and Benjamín Ramírez Villalba, and their
next of kin.
2.
The application refers to the alleged illegal and arbitrary detention, torture
and forced disappearance of Agustín Goiburú Giménez, Carlos José Mancuello Bareiro
and the brothers Rodolfo Feliciano and Benjamín de Jesús Ramírez Villalba, allegedly
perpetrated by State agents as of 1974 and 1977, and also the partial impunity of
these facts, since all those responsible have not been punished. The Commission
alleged that the “forced disappearance of [these] persons is a continuing violation
[…] that is prolonged up until today, because the State has not established the
whereabouts of the [alleged] victims or located their remains; moreover, it has not
criminally sanctioned all those responsible for the violations, or ensured appropriate
reparation to the next of kin.” According to the application, Dr. Agustín Goiburú
Giménez was a Paraguayan doctor, a member of the Colorado Party and founder of a
political party that opposed Stroessner Matiauda. On February 9, 1977, Dr. Agustín
Goiburú Giménez was arbitrarily detained in Argentina by agents of the Paraguayan
State or by persons acting with their acquiescence; he was then taken to the Police
Investigations Department in Asunción, where he was kept incommunicado and
tortured, and subsequently disappeared. “The disappearance of Dr. Goiburú has been
considered an ‘action coordinated by the Paraguayan and Argentine security forces’
as part of ‘Operation Condor.’” Carlos José Mancuello Bareiro was a Paraguayan
citizen, who was studying engineering in La Plata, Argentina. He was detained on
November 25, 1974, while going through Paraguayan Customs, when entering the
country from Argentina with his wife, Gladis Ester Ríos de Mancuello and his 8-month
old daughter. On November 23, 1974, the brothers Benjamín and Rodolfo Ramírez
Villalba were detained; the former when he was crossing the Paraguayan border
from Argentina, and the latter in Asunción. Mr. Mancuello and the Ramírez Villalba
brothers, who were accused of belonging “to a terrorist group that was preparing an
attempt on Stroessner’s life” allegedly led by Dr. Goiburú, were detained in the
Investigations Department, among other Government offices. The alleged victims
remained detained for 22 months; during this period they were tortured, kept
incommunicado, and subsequently disappeared.
3.
The Commission alleged that these facts took place in a context “in which
Paraguayan State agents illegally detained, kept incommunicado, tortured, killed and
then hid the remains of individuals whose political activities opposed the Stroessner
regime.”
4.
The Commission also submitted to the Court’s consideration the alleged
prejudice caused by the State to the alleged victims’ next of kin, owing to the
presumed mental and moral anguish caused by the alleged detention and
subsequent disappearance of the alleged victims and the alleged absence of a
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