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