57
Years later, Executive Decree Law No. 238/60, reforming Chapter III of the special part
of the Penal Code, which entered into force with some modifications introduced by
Parliament, greatly increased the penalties for offenses against the State’s internal
security: rebellion, sedition, mutiny and riot; establishing prison sentences for these
offenses.
Thus, the “enemy” was no longer a subversive or a communist, but any political
opponent of the Stroessner democracy.
Finally, in 1970, Act No. 290/70 on the “Defense of public peace and individual liberty”
was enacted, legislating, above all, against offenses without victims, involving objective
legal status (personalidad objetiva), dangerousness, or lifestyle, and other assumptions
that, in particular, affected the stability of the hierarchic structure of the State and its
institutions.
These laws form part of the package of penal laws that governed the conduct of the
Paraguayans during the 35-year military regime. The State’s penal policies determined
the differences between: criminal / anti-social / subversive / communist, and this
extended also to the criminalization of public liberties, such as freedom of expression, of
association, of petition, to strike, of movement, and others, censuring freedom of the
press and decriminalizing certain executive activities of governmental agencies that
operated with privileged justifications.” (“Política de la verdad,” José Ignacio González
Macchi, in “Casas de la Violencia,” p. 38, Asunción, Paraguay, 1996).
The opinions described up to this point do not let this court forget the irrefutable reality
of the era of the dictatorial regimes in Latin America, which caused great hardship in our
country.
A notorious disregard by the public authorities of non-derogable rights inherent to the
human being, through abductions, torture, disappearances and executions, violating to
excess an endless number of fundamental human rights that were the subject of
international efforts designed to ensure their recognition and defense at the time.
In this regard, in the instant case, it is obvious that the freedom of movement, thought
and expression of those who sympathized with different political ideologies from those of
the people in power was violated completely. The principles behind these ideologies
allegedly threatened the system of representative democratic government based on the
rule of law embodied – although only formally – in the Constitutions of 1870 and 1967.
While, despite this, the dictatorship operated with harassment, aggression and illegal
detentions, and other crimes, dishonoring and trampling on the dignity of the principles
promulgated in the “UNIVERSAL DECLARATION OF HUMAN RIGHTS” and the “AMERICAN
DECLARATION OF THE RIGHTS AND DUTIES OF MAN.”
[…]
The common plan of action, in this specific case, consisted in finding out, investigating
or obtaining as much information as possible on the “subversive” operations and
activities of the members of the Popular Revolutionary Army [ERP]. In this regard,
tacitly or expressly, the corresponding police officials were authorized to search homes,
detain and interrogate suspects and, when necessary, torture them until they extracted
a “confession,” and even to eliminate those “subversive elements who would not
capitulate.” Specifically, with regard to CARLOS JOSÉ MANCUELLO BAREIRO, who
allegedly, together with AMILCAR OVIEDO and the brothers RODOLFO and BENJAMIN
RAMIREZ VILLALBA, was directly responsible for making an attempt on the life of the
President of the Republic, members of the Cabinet and Congress, with the support of
ERP through contacts made in the city of La Plata, Argentina, with Dr. Agustín Goiburú,
seeking to end the Government in power at the time and take control of the country.
The plan consisted in locating, detaining, interrogating, and torturing him, if necessary,
and trying to subjugate him.53
53
Cf. judgment of April 17, 2000, delivered by the No. 1 Criminal Tribunal (de Liquidación and
Sentencia) (file of attachments to the application, attachment 2(1), tome I, folios 112, 113 and 119).
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