41 against General Alfredo Stroessner Matiauda, Pastor Milciades Coronel, Sabino Augusto Montanaro, Francisco Ortiz Téllez and Benito Guanes Serrano and those who are found to have been accomplices and accessories after the fact in the crimes against humanity, undoubtedly constituted by the forced disappearance, aggravated homicide, and illegal deprivation of liberty with abuse of authority for political motives” suffered by her husband Agustín Goiburú Giménez. On July 14, 1997, the said Court decided to admit this criminal complaint. On August 13, 1997, this decision was expanded and the Court admitted the criminal complaint against Alfredo Stroessner and Benito Guanes Serrano for the alleged crimes against life, physical integrity, health and constitutional guarantees. 61(58) In August 1998, various judicial procedures were conducted, such as testimonial, confirming, and informative statements. 61(59) On October 23, 1998, the Fourth Criminal Court of First Instance decided “not to continue including the accused Benito Guanes Serrano and Francisco Alcibíades Brítez Borges in the proceedings,” because “it was known that they were deceased.” 61(60) On November 9, 1998, the said Court of First Instance ordered that the accused fugitives from justice, Sabino Augusto Montanaro and Alfredo Stroessner Matiauda, should be summoned and subpoenaed to present themselves, “to be available to the decisions of the proceedings” against them 15 times in two newspapers. On May 9, 2000, the court decided to put the said admonition into effect and declared the said persons “in contempt of court and willfully disobedient of court orders […] until they presented themselves to go on trial.” 61(61) On June 25, 1999, the Fourth Criminal Court of First Instance, considering the complainant’s request, decided to order that “testimonies should be taken” for the time established by law. 61(62) On September 21, 2000, the Third Criminal Tribunal [de Liquidación y Sentencia] decided to conclude the preliminary proceedings and to bring to trial the case against Francisco Ortiz Téllez for alleged crimes against life, physical integrity, health and constitutional guarantees. On December 22, 2000, the court ordered that evidence should be taken “for the time established by law” in relation to Mr. Ortiz Téllez. The period for gathering evidence ended on November 26, 2001. On February 15 and May 8, 2002, the Attorney General’s Office and the defendant Ortiz Tellez’s defense counsel respectively presented their briefs with final arguments. On May 29, 2002, the said Court admitted the final arguments brief of Ortiz Téllez and reviewed the proceedings to deliver judgment. 61(63) On March 2, 2002, the Third Criminal Tribunal (de Liquidación y Sentencia) declared that the crimes and punishments of Pastor Milciades Coronel and General Francisco Alcibíades Brítez Borges had extinguished, because the court had learned that they were deceased. 61(64) On July 29 and August 26, 2003, the representative of Elva Elisa Benítez de Goiburú requested the court to issue a decision in the proceedings because all the measures requested to provide useful evidence had been taken and the time established for delivering judgment had elapsed some time ago.

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