33 Detention, torture and forced disappearance of Dr. Agustín Goiburú and its effects on his next of kin26 61(15) Dr. Agustín Goiburú was a Paraguayan doctor, an emergency department surgeon,27 born on August 28, 1930, and married to Elva Elisa Benítez, who formed part of the opposition to the dictator Stroessner within the Colorado Party, and also one of the founders,28 in 1958, of the Colorado Popular Movement (“MOPOCO”) a political group that opposed Stroessner. He publicly denounced the torture and cruel and degrading treatment perpetrated against Paraguayan citizens by the regime in his place of work, the “Rigoberto Caballero” Police Hospital.29 Consequently, he was subjected to a campaign of harassment and had to abandon Paraguay in September 1959, when he decided to go into exile in Argentina. He resided in Posadas, the Argentine town across the border from Encarnación, in the south of Paraguay. According to documents found in the “Terror Files,” Dr. Goiburú continued under Paraguayan surveillance while on Argentine territory. He was “one of the best known public enemies of the Stroessner regime until his abduction or disappearance in February 1977.” 61(16) Agustín Goiburú Giménez and Elva Elisa Benítez Feliú had three children: Rogelio Agustín Goiburú Benítez, born in Asunción, Paraguay, on March 4, 1956; Rolando Agustín Goiburú Benítez, born in Asunción, Paraguay, on January 8, 1958; and Patricia Jazmín Goiburú Benítez, born in the town of Posadas, Argentina, on October 18, 1967, during his exile. 61(17) Dr. Goiburú Giménez’s father and mother died before his disappearance. Rosa Mujica Giménez was his sister. 61(18) In November 1969, Dr. Goiburú was abducted while he was fishing with his 11-year-old son30 in the Paraná River, Argentina, and was taken from there to Asunción. He remained disappeared for several months, and it was subsequently known that he was detained in different police stations in Asunción. He managed to escape and take refuge in Chile31 from where he returned to Argentina in December 1970. 26 Paragraphs 61(15), and 61(18) to 61(28) on the “Detention, torture and forced disappearance of Dr. Agustín Goiburú and its effects on his next of kin” of this judgment are uncontested facts that this Court finds have been proved based on the State’s acknowledgement of responsibility. Some of those facts have been complemented by other probative elements, in which case this is noted in the respective footnotes. Also, paragraphs 61(16), 61(17) and 61(29) concerning the next of kin correspond to facts that are found to have been proved based on the following evidence: official documents (birth, marriage and death certificates), testimonial statements made before notary public by the next of kin and documents provided as helpful evidence. 27 Cf. sworn statement made by Rogelio Agustín Goiburú Benítez on May 22, 2006 (file of affidavits submitted by the Commission, folio 6254). 28 Cf. sworn statement made by Rogelio Agustín Goiburú Benítez, supra note 27, folio 6249. 29 Cf. sworn statement made by Rogelio Agustín Goiburú Benítez, supra note 27, folio 6246. 30 Cf. sworn statements made by Rogelio Agustín Goiburú Benítez, supra note 27, and Elva Elisa Benítez Feliu de Goiburú on May 19, 2006 (file of affidavits submitted by the Commission, folio 6249). 31 Cf. sworn statements made by Rogelio Agustín Goiburú Benítez and Elva Elisa Benítez Feliu de Goiburú, supra notes 27 and 30, folios 6248 and 6263 to 6265.

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