6
12.
That the State informed that a judgment was delivered against Mr. Ortíz Tellez, who
was sentenced to serve a prison term of 10 years on November 2, 2007. However, the
decision was appealed and it is now under study before the Appellate Court. On May 20,
2009, it was decreed the preventive detention, which was later on reviewed at the request
of the defense and, as a result, house arrest was ordered. The representatives confirmed
said information.
13.
That the representatives indicated that “this proceeding, after more than 20 years of
its commencement, still continues and the next-of-kin have not been given the opportunity
to learn the official truth and real circumstances of the facts that gave rise to the
disappearance of Dr. Agustín Goiburú".
c.
investigation into the facts committed to the detriment of the victims Rodolfo
Ramírez Villalba and Benjamín Ramírez Villalba
14.
That in the proceeding conducted for the facts committed to the detriment of Mr.
Rodolfo Ramírez Villalba and Benjamín Ramírez Villalba, at the moment of the delivery of
the Judgment of this Tribunal, six of the accused had been detained and convicted. There
were motions of appeal and petitions of nullification pending decision before the Criminal
Court of Appeals. Moreover, the preliminary investigation was still open regarding Mr.
Montanaro, who was granted asylum in Honduras and whose arrest warrant had not been
executed, and Eusebio Torres, who was declared “in contempt of court”. The accused
Alfredo Stroessner Matiauda and the convicted Pastor Milciades Coronel had died8.
15.
That the State did not furnish updated information regarding the progress made in
the investigation into the facts committed to the detriment of Mr. Rodolfo Ramírez Villalba
and Benjamin Ramírez Villalba, nor did it specify whether the motions of appeal and petition
of nullification that were submitted by the time this Tribunal delivered the Judgment, were
still pending decision. Moreover, the representatives pointed out that “judgments had been
delivered […] but the case is still at the preliminary investigation stage with regard to the
accused Eusebio Torres and Sabino Augusto Montanaro”, stage that “must last six months
according to law”.
d.
Montanaro
criminal proceeding against former Minister of the Interior Sabino Augusto
16.
That, furthermore, the State indicated that it was reactivated the proceeding initiated
by Mrs. Benítez de Goiburú against former Minister of the Interior, Sabino Augusto
Montanaro, who after being in exile for 20 years, returned to Paraguay on May 1, 2009
when he detained and preventive custody was ordered against him. Nevertheless, after the
filing of a writ of habeas corpus that questioned the legality of the measure, it was ordered
the house arrest on June 26, 2009. As to the proceeding against him, the State alleged that
it is in process and that "a psychiatric expert assessment was ordered in order to determine
whether he is in condition of providing a preliminary examination statement”. In that
respect, it was informed that such expert assessment has not been conducted, given that
the psychiatrists have ordered, in a prior manner, two examinations and the appointment of
a neurologist to conduct such examinations was pending. In that respect, the State pointed
out that “it ha[d] requested the trial court the urgent
8
Cf. Case of Goiburú et al. V. Paraguay, supra note 6, para. 61.120.