40 Concerning the criminal proceedings in relation to the case of Agustín Goiburú Giménez42 61(51) On May 5, 1989, Elva Elisa Benítez de Goiburú and others filed a criminal complaint before the Office of the Public Prosecutor in first instance for the alleged crimes of abduction, torture and murder suffered by Agustín Goiburú Giménez. They also stated that the persons who could be aware of the facts were: General Alfredo Stroessner, former President of the Republic; Sabino Augusto Montanaro, former Minister of the Interior; Pastor Milciades Coronel, former Head of Asunción Police Investigations; General Francisco Alcibiades Brítez Borges, former Head of the Asunción Police; General Benito Guanes Serrano, former Head of Military Intelligence, and Oscar Gómez, Director of the “Rigoberto Caballero” Police Polyclinic. 61(52) On June 26, 1989, the Third Criminal Court of First Instance decided to conduct a preliminary investigation against Pastor Milciades Coronel and Benito Guanes Serrano. On April 1, 1993, this court decided to expand the investigation; it therefore included as accused: Sabino Augusto Montanaro, Francisco Ortiz Téllez and General Francisco Alcibíades Brítez Borges; ordered the preventive detention of Sabino Augusto Montanaro, Pastor Milciades Coronel and Francisco Alcibíades Brítez Borges, and ordered that statements be taken from Sabino Augusto Montanaro, Pastor Milciades Coronel, Francisco Ortiz Téllez and Francisco Alcibíades Brítez Borges. 61(53) At the beginning of 1990, General Rafael Benito J. Guanes Serrano and Francisco Alcibíades Brítez Borges made informative statements by answering a questionnaire sent by the Third Criminal Court of First Instance to their place of detention. In July 1990 and April 1993, Pastor Milciades Coronel and Francisco Ortiz Téllez, respectively, made their informative statements and statements under questioning. 61(54) In 1991, the Fifth Criminal Prosecutor insisted on the need to make progress in the investigation of the case before the Third Judge of First Instance for Criminal Matters. 61(55) On June 28, 1993, after an objection had been raised to the head of the Third Criminal Court of First Instance, the latter ordered the file to be forwarded to the Fourth Criminal Court of First Instance. 61(56) On September 9, 1996, the Fourth Criminal Court of First Instance ordered that the preliminary proceedings should be advanced to regular proceedings in the case of Pastor Milciades Coronel for the alleged crimes against life, physical integrity, health and constitutional guarantees. It also left the preliminary proceedings open with regard to the defendants Sabino Augusto Montanaro and Francisco Ortiz Téllez concerning the same crimes. 61(57) On July 2, 1997, Elva Elisa Benítez de Goiburú appeared before the Fourth Judge of First Instance for Criminal Matters in order to “file a criminal complaint 42 Paragraphs 61(51) to 61(120) of this judgment, concerning the three criminal proceedings opened in the cases of the victims, refer to facts that the Court finds have been established based on the State’s acknowledgement of responsibility and the probative elements in the files of the domestic criminal proceedings, most of which were provided by the Commission as attachments to the application, and also by the State as helpful evidence.

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