dated March 14 and 17, 2023, the parties and the Commission made the observations
they deemed pertinent.
15. The Court recalls that, generally speaking and pursuant to Article 57(2) of the
Rules of Procedures, the correct procedural moment for submitting documentary
evidence is with the initial case documents and the pleadings and motions or answering
briefs, as appropriate.
16. The Court notes that the documents provided by the representative along with his
final written arguments were submitted at the request of the judges at the public hearing
held in the instant case. Therefore, these documents are admissible according to Article
58(a) of the Rules of Procedure. The same applies in the case of Annexes 1 to 8, 10 to
13 and 15 submitted by the State with its final written arguments, which are also
declared admissible. Finally, the Court notes that it did not request the documents
contained in Annexes 9, 14 and 16 submitted by the State, the date of the documents
is before that of the answering brief and, furthermore, the State has not explained the
reason why they should be admitted, bearing in mind Article 57(2) of the Court’s Rules
of Procedure. Therefore, the documents in question are inadmissible because they were
not submitted at the correct procedural moment.
B. Admissibility of testimonial evidence
17. This Court deems it pertinent to admit the testimony of the alleged victim given in
the public hearing, 11 inasmuch as it is consistent with the object established in the order
issued by the President, and with the object of the instant case. 12
V
FACTS
18. The Court will present the facts of the case, based on the factual framework
established in the Merits Report and the body of evidence contained in the case file. It
will also include the facts presented by the parties that make it possible to explain, clarify
or reject the factual framework. The information will be presented in the following order:
(A) attempted coup d’état and subsequent declaration of a state of emergency in the
year 2000; (B) the arrest of Jorge Luis López Sosa; (C) the domestic administrative and
judicial proceedings; and (D) the relevant regulatory framework.
A. Attempted coup d’état and subsequent declaration of a state of
emergency in 2000
19. On May 18, 2000, there was an attempted coup d’état in Paraguay, led by members
of the Army’s First Corps and police working at National Police Headquarters and other
police stations, which sought to depose the then President, Luis Ángel González Macchi. 13
In the early hours of the next day, the President issued Decree 8,772, in which he
The alleged victim Jorge Luis López Sosa testified during the public hearing ordered by the Court.
The President of the Court set forth the reasons why the Court wished to receive testimony in the
order issued on December 14, 2022. Cf. Case of López Sosa v. Paraguay. Order of the President of the InterAmerican
Court
of
Human
Rights
of
December
14,
2022.
Available
at:
www.corteidh.or.cr/docs/asuntos/lopez_sosa_14_12_2022.pdf.
13
Cf. IACHR, Third report on the situation of human rights in Paraguay, OEA/Ser./L/VII.110, March 9,
2001 (evidence file, folio 1606). https://www.cidh.oas.org/countryrep/paraguay01eng/toc.htm.
11
12
7