21 82. On November 4, 2003, the Criminal Judge declared the definitive dismissal of the cases against Javier Cazal, Antonio Gamarra and José David Schémbori, and ordered the extinction of the criminal case. The Judge explained that article 358 of the Criminal Procedure Code establishes that if the Public Prosecutor has not charged, the Judge will request that the proceedings be referred to the Attorney General so that they may accuse or ratify what was said by the previous prosecutor; then, if the Attorney General confirms he does not intend to accuse, the Judge must decide in accordance with the request of the Public Prosecutor’s Office. Consequently, taking into account that the request for dismissal was ratified by public prosecutors and the Attorney General’s office, the Judge considered that he had to declare the dismissal of the case against the accused, regardless of their internal conviction.113 83. On November 11 and 12, 2003, lawyers for Anuncio Martí Méndez and Juan Arrom Suhurt filed a general appeal against the November 4, 2003 decision of the Criminal Judge.114 84. On March 24, 2004, the Fourth Chamber of the Appeals Tribunal for Criminal matters confirmed the dismissal.115 The Chamber held that the role of the prosecutor as title bearer of criminal actions entailed presenting before judges only cases which were “rationally based and had the possibility of overcoming the rules of contradiction, examination and cross-examination in public oral trials.”116 The tribunal also stressed that in no case may the judge order the initiation of a trial if there is no accusation by the prosecutor.117 With this decision, the case was definitively closed. C. Refugee status of Juan Arrom and Anuncio Martí in Brazil 85. On August 11, 2003, Juan Arrom Suhurt and Anuncio Martí Méndez moved to Brazil.118 On December 1, 2003, the National Committee for Refugees of Brazil –CONARE– unanimously decided to recognize their refugee status for having “demonstrated a founded fear of persecution for reasons of a political nature.”119 86. On three occasions, Paraguay has asked the Brazilian government to review the case.120 The first two instances were denied.121 Paraguay made a third request on January 10, 2019, which had not been resolved as of the date of this judgment.122 Cf. Decision of November 4, 2003 (evidence file, fs. 8468 to 8470). Cf. Appeal of November 11, 2003 (evidence file, fs. 8537 to 8539), and Appeal of November 12, 2003 (evidence file, fs. 8495 to 8512). 115 Cf. Decision of the Fourth Chamber of the Criminal Appeals Court of March 24, 2004 (evidence file, fs. 8516 to 8526). 116 Cf. Decision of the Fourth Chamber of the Criminal Appeals Court of March 24, 2004 (evidence file, f. 8522). 117 Cf. Decision of the Fourth Chamber of the Criminal Appeals Court of March 24, 2004 (evidence file, f. 8522). 118 cf. Statement of Juan Arrom Suhurt rendered at the public hearing held in this case, and Statement of Anuncio Martí Méndez before a notary public on January 16, 2019 (evidence file, f. 13193). 119 The technical note does not mention the names of the three Paraguayan citizens to whom it granted refugee status. Cf. Technical note of the Coordinator-General of the CONARE National Committee for Refugees (evidence file, f. 687). 120 The requests were made on October 27, 2006, February 22, 2010, and January 10, 2019. Cf. Technical note of the Coordinator-General of the CONARE National Committee for Refugees (evidence file, f. 687); Note from the Diario Estadao, entitled “Brasil will deny extradição de refugios políticos”, of May 3, 2010 (evidence file, fs. 690 and 691), and Request DM/N° 9/2019 of January 10, 2019, signed by Hugo Saguier Caballero, Substitute Minister of Foreign Affairs addressed to the Minister of Foreign Affairs of the Federative Republic of Brazil (file of provisional measures, fs. 136 to 145). 121 Cf. Technical note from the Coordinator-General of the CONARE National Committee for Refugees (evidence file, f. 687), and Note from the Estadao newspaper, entitled “Brasil will deny extradição de refugeos políticos”, of May 3, 2010 (evidence file, fs. 690 and 691). 122 Cf. Request DM/N° 9/2019 of January 10, 2019 signed by Hugo Saguier Caballero, Substitute Minister of Foreign Affairs addressed to the Minister of Foreign Affairs of the Federative Republic of Brazil (file of provisional measures, fs. 136 to 145). 113 114