3
complete, impartial and effective investigation into the facts. The Commission asked
the Court to order the State to adopt certain measures of reparation described in the
application, pursuant to Article 63(1) of the Convention. Lastly, it requested the
Court to order the State to pay the costs and expenses arising from processing the
case in the domestic jurisdiction and before the organs of the inter-American system
for the protection of human rights.
II
JURISDICTION
5.
The Court is competent to hear this case, in the terms of Articles 62(3) and
63(1) of the American Convention, because Paraguay has been a State Party to the
Convention since August 24, 1989, and accepted the compulsory jurisdiction of the
Court on March 26, 1993.
III
PROCEEDINGS BEFORE THE COMMISSION
6.
On December 6, 1995, the International Human Rights Law Group, later know
as Global Rights Partners for Justice (hereinafter “Global Rights”), and the Comité de
Iglesias Para Ayudas de Emergencia (hereinafter “CIPAE”) (hereinafter “the
representatives”), submitted a petition to the Inter-American Commission concerning
the alleged illegal and arbitrary detention, torture and forced disappearance of
Agustín Goiburú Giménez. This case was processed as No. 11,560.
7.
On July 31, 1996, Global Rights and CIPAE submitted a petition to the InterAmerican Commission concerning the alleged illegal and arbitrary detention, torture
and forced disappearance of Carlos José Mancuello Bareiro. This case was processed
as No. 11,665.
8.
On July 31, 1996, Global Rights and CIPAE submitted a petition to the InterAmerican Commission concerning the alleged illegal and arbitrary detention, torture
and forced disappearance of the brothers Rodolfo and Benjamín Ramírez Villalba.
This case was processed as No. 11.667.
9.
On October 19, 2004, the Commission decided to process cases Nos. 11,560,
11,665 and 11,667 together.
10.
On October 19, 2004, during its 121st regular session, the Commission
adopted Report No. 75/04 on admissibility and merits, in which it concluded, inter
alia, that the State had violated the rights embodied in Articles 4 (Right to Life), 5
(Right to Humane Treatment), 7 (Right to Personal Liberty), 8 (Right to a Fair Trial)
and 25 (Judicial Protection) of the American Convention, in relation to Article 1(1)
thereof, owing to the 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 as of 1974 and
1977 in Paraguay, as well as to the failure to investigate, prosecute and punish those
responsible, and the lack of effective reparation for the next of kin of the victims of
these violations. The Commission recommended to the State that it adopt a series of
measures to remedy these violations.
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