2 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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