34
126. With respect to the Director of the Center of Judicial Investigations, Javier Cazal, the Public
Prosecutor’s Office indicated that his accusation “is supported exclusively by the statements of
[Juan Arrom and Anuncio Martí] and the statements of the witness Luis A. Resck.” In this regard,
it indicated that “the versions provided by the alleged victims and current complainants have not
been able to be verified, because, beyond their injuries, no elements have emerged to sufficiently
corroborate, in specific manner, the participation of those accused of being responsible.”199 It
indicated that the testimony of Mr. Resck, who initially claimed to have seen Mr. Cazal at the time
of the alleged detention, was later “rendered in a way that contradicted his first statement, and
even referred to situations that could be described as implausible.” Likewise, it highlighted that
during the reconstruction of the events, a test was carried out to determine whether Mr. Resck
could recognize a person from the distance he claims to have recognized Mr. Cazal and he could
not identify him.200 On the other hand, it stressed that “numerous elements of evidence have
been produced that corroborate the exculpatory arguments of the accused.” By virtue of all of the
foregoing, it concluded that “the evidence evaluated does not allow certifying any factual
relationship raised in the individual criminal complaints.”201
127. When the Attorney General's Office ratified the request for dismissal of the case, it indicated
that the statements made by the alleged victims regarding the participation of Javier Cazal only
“find support, and only very partially, in the testimony of Luis A. Resck”. In this regard, it indicated
that “he himself spoke inconsistently in his successive statements” and it was not possible to
corroborate “the witness' ability to perceive visually in an appropriate manner from the place
where he claimed to see [Javier Cazal].”202
128. Regarding the Minister of Justice and Labor, Silvio Ferreira Fernández, the Public
Prosecutor's Office indicated that “the elements raised [against him] are the statements of [Mr.]
Arrom and Héctor Lacognata.” Regarding the statements made by Mr. Arrom Suhurt, the Public
Prosecutor’s Office indicated that, according to the evidence, Mr. Ferreira Fernández was sailing
on the Paraguay River on the date on which, according to Mr. Arrom, he would have met with
him. In this regard, it was concluded that it is not possible that he was in both places at the same
time and it is unlikely that he would have met with Mr. Arrom since this “is not supported by a
single procedural piece.”203 Regarding Mr. Lacognata's statement, it indicated that according to
what was stated by Mrs. Gladis Maubet and Mr. Ferreira himself, the latter's knowledge of the
alleged detention of Mr. Arrom Suhurt was limited “to a verification and questions asked of
personnel from the Tacumbú National Penitentiary, [about] whether Juan Arrom had entered the
prison.” Therefore, it indicated that “the statements are diametrically opposed” and “since there
are insurmountable and unconquerable doubts,” and “being the only procedural piece of evidence
available,” there is no other alternative than to request the dismissal of the individual criminal
complaint.204
129. Regarding the Minister of the Interior, Julio César Fanego Arellano, the Public Prosecutor’s
Office indicated that “the elements raised against him come from a single source: the statements
of the complainant Juan Francisco Arrom,” which “are not corroborated by any other element of
evidence, so that a criminal hypothesis against defendant Fanego, […] is legally unsustainable.”205
On the other hand, “the exculpatory allegations made by defendant Fanego appear coherent and
199
200
201
7485).
202
203
204
205
Cf. Request for dismissal of the Public Prosecutor’s Office of February 8, 2003 (evidence file, f. 7482).
Cf. Request for dismissal of the Public Prosecutor’s Office of February 8, 2003 (evidence file, f. 7483).
Cf. Request for dismissal of the Public Prosecutor’s Office of February 8, 2003 (evidence file, fs. 7484 and
Cf. Opinion of the Attorney General's Office of May 27, 2003 (evidence file, fs. 8365 and 8366).
Cf. Request for dismissal of the Public Prosecutor’s Office of February 8, 2003 (evidence file, fs. 7464 to 7465).
Cf. Request for dismissal of the the Public Prosecutor’s Office of February 8, 2003 (evidence file, f. 7464).
Cf. Request for dismissal of the Public Prosecutor’s Office of February 8, 2003 (evidence file, f. 7467).