REPORT No. 27/13 PETITION P-164-01 ADMISSIBILITY JORGE LUIS LOPEZ SOSA PARAGUAY1 March 20, 2013 I. SUMMARY 1. On December 11, 2000, the Inter-American Commission on Human Rights (hereinafter “Commission,” “Inter-American Commission,” or “IACHR”) received a petition submitted by Mr. Jorge Luis López Sosa (hereinafter “the petitioner” and/or “alleged victim”) against the State of Paraguay (hereinafter “State,” “Paraguayan State,” or “Paraguay”) alleging the State’s international responsibility based on the alleged victim’s having been subjected to torture by state employees while he was serving as a police officer. 2. The petition account includes allegations that Mr. Jorge Luis López Sosa was the victim of torture by state employees following the failed coup d’état of May 18, 2000, as well as allegations regarding unwarranted delay in the investigation and eventual punishment of those responsible for those actions, given that the investigation remained inactive for some time. It is pertinent to indicate that when submitting the petition, the petitioner stated that he was detained in the National Police Special Forces Headquarters and would be prevented from presenting a criminal complaint for fear of reprisals. For its part, the State maintains that the petition should be declared inadmissible, alleging a failure to exhaust domestic remedies in that the domestic criminal process is still ongoing. In addition, the State alleges a change in the political context and its commitment to respect procedural deadlines in the ongoing case. 3. Without prejudging the merits of the complaint, after analyzing the parties’ positions, and pursuant to the requirements of Articles 46 and 47 of the American Convention on Human Rights (hereinafter the “Convention” or the “American Convention”), the Commission decides to declare the case admissible for purposes of examining the alleged violation of rights enshrined in Articles 5, 7, 8, and 25 of the American Convention, in connection with Articles 1.1 and 2 of that international instrument, as well as the rights enshrined in Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture (hereinafter the “IACPPT”). The Commission also decides to notify the parties of this decision, to publish it and include it in its Annual Report to the General Assembly of the OAS. II. PROCESSING BY THE COMMISSION 4. On December 11, 2000 the Commission received the referenced petition at its headquarters. On March 13, 2008, in response to a request from the IACHR, the petitioner submitted additional information. In a note dated June 6, 2008, the Commission processed the petition and asked the State to submit its observations regarding the admissibility of the case within a period of two months, in accordance with IACHR Rules of Procedure. The State asked for an extension to submit its response, which the IACHR granted on September 4, 2008. 1 Commissioner Rosa María Ortiz, a Paraguayan national, did not participate in the deliberations or in the decision on this petition, in accordance with the provisions of Article 17 (2) (a) of the Commission’s Rules of Procedure.