19 1990, by Dr. José de Ribamar-Cruz e Silva. The examination indicated that the cause of death was a “gunshot wound” and also showed the presence of other injuries, which were described as follows: bruise wounds in the right olecranium area, affecting the arm and forearm, loss of epidermis in some areas, suspicious second-degree burns caused by boiling liquid. The left eyeball was practically out of its socket. Subcutaneous emphysema affecting the left parietal bone and ear level, with bruise wounds on the epidermis, loss of skin in some areas, darkened skin allegedly as a result of burns with flaming fuel, similar wounds on the sides of the neck and left shoulder, and on part of the torso and back, in the infraspinal area. 71(10) On January 2, 1990, the parents of Gerardo Vargas-Areco filed a criminal complaint before the Justice of Peace of the region for the death of their son. B) Proceedings before the military courts 71(11) On December 31, 1989, the Commander of the Second Infantry Division, Brigadier General Mario Rodolfo Escobar-Anzoategui, ordered the commencement of military investigation proceedings regarding the events that led to the death of the minor Gerardo Vargas-Areco. On January 10, 1990, the military investigation was closed and the case was set for full trial. On February 1, 1990, the Military Prosecutor brought criminal charges against a non-commissioned officer of the Army, corporal 2nd class Aníbal López-Insfrán, for the crime of “homicide committed in the performance of duties.” 71(12) On February 23, 1990, the Military First Instance Court, Second Division, rendered judgment and found corporal 2nd class López-Insfrán not guilty on the grounds that the homicide of Gerardo Vargas-Areco was committed “in the course of duty”; a mitigating circumstance pursuant to the provisions of Section 260 of the Military Criminal Code of Paraguay.12 The Prosecutor’s Office filed a motion for appeal against the judgment and, on March 28, 1990, the Supreme Military Court of Justice sentenced corporal 2nd class López-Insfrán to one-year military imprisonment for the crime of “homicide committed in the performance of duties.” C. Proceedings before the ordinary courts 71(13) On December 31, 1989, the corresponding Division of the Criminal Court of Villarrica ordered the removal of the corpse of the minor Vargas-Areco. On January 5, 1990, the First Instance Court on Juvenile Criminal and Correctional Matters, First Division, of Villarrica Judicial District, ordered the commencement of investigation proceedings on the death of the minor Vargas-Areco. The parents of the child appeared as complainants and submitted as evidence photographs of the corpse of the minor Vargas-Areco and the medical examination performed by forensic physician Dr. José de Ribamar-Cruz e Silva. 71(14) On September 10, 1990, the Supreme Court of Justice of Paraguay ruled on a conflict of jurisdiction involving the military courts and the ordinary courts regarding the investigation of the death of the minor Vargas-Areco. The Military Section 260 of the Military Criminal Code of Paraguay sets forth that “No crime is committed when the death or injuries are ordered by the law or a legitimate authority, or resulting from defense needs or in the course of duty.” 12

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