objection regarding certain articles of the Code of Criminal Procedure and the Code of
Civil Procedure, asking the Supreme Court to declare the inapplicability of the statute of
limitations to the case, a request endorsed by the alleged victim. 89 The Public Prosecution
Service based its request on the fact that unless the Supreme Court did so, the provision
establishing the inapplicability of the statute of limitations to the punishable act of torture
(Article 5 of the Political Constitution) would be violated. 90 In 2006 and 2007, the
Prosecutor’s Office presented up to four “urgent requests for a decision” to the Supreme
Court. 91
53. Between May and July 2007, four justices disqualified themselves from hearing the
case. Then, on August 7, 2007, a justice agreed to sit on the Constitutional Chamber of
the Supreme Court of Justice. 92 On May 5, 2008, the Supreme Court ruled on the
constitutional objection, declaring the inapplicability of the statute of limitations to the
criminal case. 93 After this ruling, the defense team of one of the accused presented a
petition to have the Court clarify part of the judgment, 94 which was declared inadmissible
through Decision and Judgment No. 205 of April 6, 2009. 95
54. On May 13, 2009, the judge of the Criminal Court of Guarantees issued an order
summoning the parties to a preliminary hearing on June 16, 2009. 96 The hearing was
suspended after the lawyers of the accused W.B. filed motions. 97 The representatives of
the accused W.B. filed an appeal against the ruling of May 13, which was rejected by the
Court of Criminal Appeals through the interlocutory order of October 14, 2009. 98
55. On June 8, 2012, the Criminal Court of Guarantees issued an order summoning
the parties to a public hearing on July 24, 2012. 99 The hearing could not be held because
defendants M.P. and J.B.P. had no defense attorney. 100 The hearing on August 29, 2012
was also suspended because defendant J.B.P. had health issues. 101 On October 17 the
same year, the defendants’ representatives filed a challenge against one of the
Cf. Report of the Public Prosecution Service regarding Case No. 2606/2000 - “Basilio Pavón and others,
for infliction of bodily injury in the performance of public duties,” of August 19, 2008 (evidence file, folio 473).
90
Cf. Report of the Public Prosecution Service regarding Case No. 2606/2000 - “Basilio Pavón and others,
for infliction of bodily injury in the performance of public duties,” of August 19, 2008 (evidence file, folio 473).
91
Cf. Report of the Public Prosecution Service regarding Case No. 2606/2000 - “Basilio Pavón and others,
for infliction of bodily injury in the performance of public duties,” of August 19, 2008 (evidence file, folio 475).
92
Cf. Supreme Court of Justice of Paraguay, Judgment 195, of May 5, 2008 (evidence file, folios 478 to
496).
93
Cf. Supreme Court of Justice of Paraguay, Judgment 195, of May 5, 2008 (evidence file, folios 478 to
496).
94
Cf. Brief from the accused W.B., of May 13, 2008, Criminal case file, “B.P., M.P., O.V., and others, for
infliction of bodily injury in the performance of public duties” (evidence file, folio 5983).
95
Cf. Supreme Court of Justice of Paraguay, Judgment 205, of April 6, 2009 (evidence file, folio 6030).
96
Cf. Criminal Judge J.L.A., Order of May 13, 2009, Criminal case file, “B.P., M.P., O.V., and others, for
infliction of bodily injury in the performance of public duties” (evidence file, folio 6048).
97
Cf. Points of law raised by the accused W.B. on June 10 and 11, Criminal case file, “B.P., M.P., O.V.,
and others, for infliction of bodily injury in the performance of public duties” (evidence file, folios 6052 and
6076).
98
Cf. Criminal Appeals Court, Third Chamber, Interlocutory Order 276 of October 14, 2009, Criminal
case file, “B.P., M.P., O.V., and others, for infliction of bodily injury in the performance of public duties”
(evidence file, folio 6198).
99
Cf. Twelfth Criminal Court of Guarantees, Order of June 8, 2012, Criminal case file, “B.P., M.P., O.V.,
and others, for infliction of bodily injury in the performance of public duties” (evidence file, folio 6238).
100
Cf. Twelfth Criminal Court of Guarantees, Order of July 24, 2012, Criminal case file, “B.P., M.P., O.V.,
and others, for infliction of bodily injury in the performance of public duties” (evidence file, folio 6276).
101
Cf. Twelfth Criminal Court of Guarantees, Order of June 29, 2012, Criminal case file, “B.P., M.P., O.V.,
and others, for infliction of bodily injury in the performance of public duties” (evidence file, folio 6300).
89
16