38
down by the First Criminal Trial Court on March 22, 1994, and decision and judgment
No. 18 handed down by the Third Chamber of the Court of Criminal Appeal on
November 4, 1997 (supra para. 69(15) and 69(20)); c) to absolve Mr. Canese from
guilt and pardon him; and d) to cancel all records “relating to the fact investigated in
these proceedings.” As partial grounds for this decision, the Criminal Chamber
indicated that it complied with the requirement of the existence of a “new fact,”
because “there is a new Penal Code that has radically changed the criminal
classification of slander; second, because the positive criminal norm (Art. 152
CP1997) introduces grounds for exempting criminal responsibility – among other
elements – in cases of public interest; third, because, if paragraph 5 of Art. 152 of
the Penal Code [were] applied in the specific case, Art. 13 of the American
Convention would be violated[,…] with the aggravating factor that the proceedings
instituted in first instance were not even opened to evidence.” The sanctions
imposed in the said 1994 and 1997 judgments were never executed.82
69(50) On December 15, 2002, Ricardo Canese and his lawyer filed a petition for
clarification regarding decision and judgment No. 1362 of December 11, 2002 (supra
para. 69(49)), concerning the omission of a decision on which party should pay
costs. On April 27, 2004, the Criminal Chamber of the Supreme Court of Justice of
Paraguay issued decision and judgment No. 804, deciding to admit the said petition
for clarification and “[i]mpose the costs and expenses of the whole proceeding on the
complainants.”83
Regarding Ricardo Canese’s requests to leave Paraguay, and the restrictions and
permissions
A)
Permissions to leave the country that were denied
69(51) In his capacity as candidate for the presidency of Paraguay, Ricardo Canese
traveled to the United States to make a presentation at Harvard Law School on
“Democratization in Paraguay: The Role of Civil and Military Forces in the Transition,”
on February 16, 1993, despite “[the State’s] attempt to detain [him] and prevent
[his] departure from the country,” because he was “being prosecuted.”84
69(52) On April 18, 1994, Mr. Canese and his lawyers submitted to the First
Criminal Trial Court a request for “permission to travel abroad,” so that he could
attend the “IX Encontro Nacional do Partido dos Trabalhadores” [the eleventh
82
Cf. decision and judgment No. 1362 issued by the Criminal Chamber of the Supreme Court of
Justice of Paraguay on December 11, 2002 (file on merits and possible reparations and costs, tome II,
folios 502 to 508); and testimony of Ricardo Nicolás Canese Krivoshein given before the Inter-American
Court during the public hearing held on April 28, 2004.
83
Cf. decision and judgment No. 804 issued by the Criminal Chamber of the Supreme Court of
Justice of Paraguay on April 27, 2004 (file on merits and possible reparations and costs, tome III, folios
807 to 810).
84
Cf. testimony of Ricardo Nicolás Canese Krivoshein given before the Inter-American Court during
the public hearing held on April 28, 2004; poster on the presentation by Ricardo Canese scheduled by the
Human Rights Program of Harvard Law School for February 16, 1993 (file of attachments to the
application, attachment 17, folio 115); document with the itinerary of confirmed appointments for Ricardo
Canese from February 15 to February 19, 1993, in the United States of America (file of attachments to the
application, attachment 17, folios 116 and 117); and newspaper article entitled “Conferencia en Harvard.
Canese: ‘Puede naufragar la transición paraguaya’” published on February 18, 1993, in the Paraguayan
newspaper “Noticias” (file of attachments to the brief answering the application, and with observations on
the brief with requests and arguments, tome I, attachment 3, folio 632).
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