81
134.51
In November 2000, the next of kin of Sergio David Poletti Domínguez,
who died in the February 11, 2000 fire, filed civil suit against the State in the Civil
and Commercial Law Court for the Asunción Judicial Circuit, claiming damages and
injuries.140
134.52
On January 7, 2002, the next of kin of Diego Walter Valdez, Carlos
Raúl de la Cruz and Sergio Daniel Vega Figueredo, who died in the February 11,
2000 fire, filed a civil suit against the State, also in the Civil and Commercial Law
Court of the Asunción Judicial Circuit. They, too, were claiming damages and
injuries.141
Proceedings in the two civil suits are still in their initial stage.142
134.53
2)
The criminal cases
134.54
In February 2000, the Criminal Court of First Instance conducted a
preliminary inquiry into allegations of a crime against life (intentional homicide) and
the integrity of one’s person (grievous bodily injury), to establish who was to blame
for what transpired in the events associated with the February 11, 2000 fire (supra
para. 134.29).143 On March 8, 2002, the judge hearing the case, Carlos Ortiz
Barrios, ordered the case closed pursuant to Article 7 of Law 1444/99, which
provides that “[i]n proceedings involving unnamed defendants, the Court shall order
the case closed if, within six months’ time, the Public Ministry or the parties have not
filed motions or taken other appropriate measures to have the case continued
[…]”144.
134.55
After the third fire (supra para. 134.34), case No. 9199 was instituted
in the Public Ministry to investigate the events associated with the fire and the
140
Cf. File of “Teofista Domínguez et al. v. Paraguayan State concerning Compensation for Damages
and Injuries. Civil and Commercial Law Court, Sixth Rotation” (file of appendixes to the brief of
preliminary objections, answer to the application and observations on the pleadings and motions,
appendix 20, volume II, folios 682-849, esp. 691); testimony given by Mrs. Teofista Domínguez before
the Inter-American Court of Human Rights at the public hearing held on May 3, 2004.
141
Cf. File of “Felipa Benicia Valdéz et al. v. Paraguayan State concerning Compensation for
Damages and Injuries. Civil and Commercial Law Court, First Rotation” (file of appendixes to the brief of
preliminary objections, answer to the application and observations on the pleadings and motions,
appendix 19, volume II, folios 538-681, especially 564).
142
Cf. File of “Teofista Domínguez et al. v. Paraguayan State concerning Compensation for Damages
and Injuries. Civil and Commercial Law Court, Sixth Rotation” (file of appendixes to the brief of
preliminary objections, answer to the application and observations on the pleadings and motions,
appendix 20, volume II, folios 682-849); file of “Felipa Benicia Valdéz et al. v. Paraguayan State
concerning Compensation for Damages and Injuries. Civil and Commercial Law Court, First Rotation” (file
of appendixes to the brief of preliminary objections, answer to the application and observations on the
pleadings and motions, appendix 19, volume II, folios 538-681); and court document supplied by Teofista
Domínguez on May 3, 2004, during her testimony at the public hearing before the Inter-American Court of
Human Rights (file on the merits, volume VII, folio 2085).
143
Cf. February 11, 2000 preliminary inquiry into alleged punishable crimes (intentional homicide
and grievous bodily harm) at the Panchito López Center” (file of appendixes to the brief of preliminary
objections, answer to the application and observations on the pleadings and motions, appendix 18,
volume I, folio 341).
144
Cf. March 8, 2002 ruling in the preliminary hearing into alleged punishable crimes (intentional
homicide and grievous bodily harm) at the ‘Panchito López’ Center (file of appendixes to the brief of
preliminary objections, answer to the application and observations on the pleadings and motions,
appendix 18, volume II, folio 531).
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