82
the ordering of an extradition request and its processing was pending, the Ministry of
Foreign Affairs informed the abovementioned court on March 2, 2001, that, albeit “it
had not signed any extradition treaties with Honduras, […] based on the rules of
international reciprocity and courtesy, it is possible to process an extradition request
in the absence of signed treaties” (supra paras. 61(71) to 61(73)).
125. No extradition procedures were instituted during the criminal proceedings
opened in the case of Carlos José Mancuello.
126. Regarding the case of the Ramírez Villalba brothers, following some
communications between the Fourth Criminal Court of First Instance and the Ministry
of Foreign Affairs, the Fifth Criminal Court of First Instance ordered the preventive
detention for the purpose of extradition of the accused Alfredo Stroessner Matiauda
on August 4, 1993. As of that date, there is no evidence of any other measures until,
on June 5, 2001, the Court decided “to request the extradition of the defendant
Alfredo Stroessner” through the Supreme Court of Justice and the Ministry of Foreign
Affairs. The documentation provided to this Court does not show whether the letters
rogatory relating to extradition were effectively forwarded to the Brazilian authorities
or, if so, the actual status of the procedure in Brazil. Paraguay did not forward any
further information in this respect, despite having been asked to provide it as helpful
evidence. Nevertheless, in its answer to the application, the State indicated that,
regarding “Alfredo Stroessner, beneficiary of political asylum in Brazil, an extradition
request is being processed before the courts of the Federative Republic of Brazil.”
Regarding Sabino Augusto Montanaro, there is no evidence that the order of
detention issued against him has been executed, or that his extradition has actually
been requested of Honduras by the Paraguayan judicial authorities in the context of
these criminal proceedings.
127. This means that, in addition to the lack of reasons explaining the delay of the
judicial authorities in issuing orders of preventive detention for the purpose of
extradition, or in requesting the extradition itself, the absence of these persons from
the State that aspires to prosecute them, owing to the failure to execute their
extradition, constitutes a serious obstacle for the effectiveness of the proceedings
and goes a long way towards determining the impunity of the facts (supra para.
119). On the one hand, there is the declaration of contempt of court and order of
preventive detention of the accused, Sabino Augusto Montanaro, which was not
accompanied by an extradition request formulated by the Paraguayan judicial
authorities before the Republic of Honduras. On the other hand, there is no evidence
that a request for the extradition of Alfredo Stroessner was effectively presented to
the Federative Republic of Brazil or has been advanced by subsequent actions of
Paraguay’s diplomatic or judicial authorities. The two defendants have been granted
political asylum in these countries. At the time this judgment is delivered, the
information provided to the case file does not reveal actions of the Paraguayan
judicial authorities designed to formulate other extradition requests; furthermore,
there is no evidence of whether there are or have been investigations or criminal
proceedings opened against these persons in Honduras or Brazil.
128. As indicated above (supra para. 93), the facts of this case have violated nonderogable provisions of international law (jus cogens), in particular the prohibition of
torture and forced disappearance of persons. These offenses are included among the
conducts deemed to harm essential values and rights of the international community
and entail the activation of national and international measures, instruments and
mechanisms to ensure their effective prosecution and the sanction of the authors, so
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