and 273 of the Criminal Code, 58 as part of the case against “M.C. and others, for an attack against the existence of the State and the constitutional order.” 59 38. On May 29, 2000, the Second Criminal Court of Guarantees of Asuncion ordered Mr. López Sosa to appear in court on May 30, 2000 to render a statement and take part in the hearing for the application of precautionary measures. 60 On May 31, 2000, the same court issued an interlocutory decision ordering that Mr. López and other officers be held in pretrial detention by the Specialized Group on the grounds that there was a risk of flight, 61 pursuant to Article 243 of the Code of Criminal Procedure. 62 39. Mr. López Sosa was held in pretrial detention until December 14 that year, when the measure was changed to house arrest. 63 40. On May 28, 2003, the Criminal Court of Asunción withdrew the criminal charges against Mr. López Sosa and dismissed the case. 64 41. On December 12, 2003, Mr. López was reinstated as a National Police officer with the rank of sergeant (Oficial Inspector), the same rank he held before his discharge, by means of Presidential Decree 1,161. 65 C.2 The complaint filed by Mr. López Sosa for physical coercion and torture 42. Firstly, in the body of evidence it is stated that an administrative investigation was initiated against five police officers for “breach of police duties,” for allegedly having 58 59 60 4454). These articles established the following: Article 269.- Attack against the existence of the State 1. Anyone who attempts to undermine or undermines, through force or threat of force, the existence of the Republic, or to alter the constitutional order, shall be punished with imprisonment of not less than ten years. 2. In less serious cases the custodial sentence shall be from one to ten years. […] Article 273.- Attack against the constitutional order 1. Anyone who attempts to bring about or brings about changes to the constitutional order by means of procedures other than those provided for in the Constitution shall be punished with a custodial sentence of up to five years. […] Cf. Public Prosecution Service, Order No. 25, of May 27, 2000 (evidence file, folios 4452 to 4453). Cf. Judge of Second Criminal Court of Guarantees, Decision of May 29, 2000 (evidence file, folio Cf. Judge of Second Criminal Court of Guarantees, interlocutory order of May 31, 2000 (evidence file, folios 1618 to 1622). 62 This article established the following: Article 243.- Danger of flight. The following factors shall be taken into account to determine the danger of flight: 1) lack of roots in the country, as determined by the habitual residence, location of family, business activities or job, and ability to leave the country permanently or remain in hiding; 2) the sentence that could be imposed in the case; 3) the magnitude of the harm caused and the accused’s attitude regarding the matter; 4) the accused’s behavior during the proceedings or in previous cases, from which it is reasonable to infer that he is unlikely to submit to an investigation or criminal prosecution. These circumstances should be expressly mentioned in the judicial decision ordering pretrial detention. Cf. Interlocutory Order 124 of May 31, 2000 of the Second Criminal Court of Guarantees (evidence file, folios 1618 to 1623). 63 Cf. Final Judgment No. 1 of the Collegiate Trial Court of the Judicial District of Asunción, Case 01-0102-01-2000-2606, “J.B.P., M.P., O.V., W.P., for infliction of bodily injury in the performance of public duties and others” of December 30, 2019 (evidence file, folio 421). 64 Cf. Interlocutory Order 92 of the Criminal Court of Asunción of May 28, 2003 in the case of “H.R.S. and others, regarding punishable acts against the existence of the State and an attack on the constitutional order” (evidence file, folios 1638 and 1639). 65 Cf. Presidential Decree 1,161 of the Republic of December 12, 2003 (evidence file, folio 1617). 61 13