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hypothesis that were put forth- several places where the illegal detentions, tortures, forced
disappearance and extra-legal executions were committed. Within the framework of the
hearing, it emphasized that, since 2007, as a result of certain testimonies, "there was a
strong conviction that in a Headquarters of the former Guardia de Seguridad prison,
Batallion 40 [...] there would be an important number of possible clandestine graves of the
period 1954-1989”. Furthermore, that by virtue of the complaints filed during 2009, a new
investigation was initiated, in charge of three prosecutors who are members of the
Specialized Unit of Punishable Acts against Human Rights of the Attorney General’s Office
which, by means of Resolution N° 182 would decide to organize a Work Team for the search
and location of the disappeared victims, formed by the Department of Forensic Medicine,
the Attorney General's Office and Government Attorney’s Office on Environmental matters.
Afterwards, the prosecutors charged with the investigation decided to expand said group
and included the Ministry on Public Works and Communications, the Ministry of Justice and
Labor, the Universidad Nacional de Asunción, the Ministry of the Interior, the General
Directorate of Truth, Justice and Reparation and the National Police. In this way, it was
possible to rescue two complete human remains, “which are being fully analyzed and
identified”, but it was already indicated that they would correspond to two male persons.
This has been beneficial to “devise […] a first action plan to safeguard, protect and
investigate […] an important sector of the [property] with the corresponding technical
support[…]”, taking into account the important reference- by virtue of certain testimoniesof where the remains of Mr. Goiburú could be located. However, the “technology to identify,
from using DNA, the osseous remains and [the taking of] comparative samples of the
descendants […] requires a level of development [which] does not exist nowadays in the
country", for which it is necessary to resort to international cooperation. In that respect, the
State indicated that the Argentine Forensic Anthropology Team is cooperating. Furthermore,
at present, excavations are being carried out in another two locations, which may last
approximately three weeks. In addition, it informed that the expert opinions of the
anthropologists must commence within the term of 24 to 48 hours of the finding of the
remains. In conclusion, the State emphasized that the will of the State to continue with the
search of the disappeared persons is shown by the coordination of several institutions that
form part of the Work Team.
28.
That the representatives, in addition, indicated during the hearing that "the
Paraguayan State has never begun any search and location of the disappeared", since the
osseous remains recently discovered- to whom they correspond is still unknown- were found
specially thanks to the efforts of the Goiburú family. However, they acknowledged the effort
and help of Prosecutor Alcaraz. Moreover, they expressed their concern, given that the
prosecution office helps “from the legal point of view, with the excavations […] but it does
not have […] the necessary and sufficient financial resources to conduct a successful
investigation”.
29.
That the Commission valued what was informed by the State, but it considered that
it was necessary to provide further information about the manner in which the excavations
are carried out and the way in which the remains are identified. In view of the lack of
technical resources to conduct DNA tests and make future comparisons, the Commission
expressed with concern that it would be important to "explore the possibilities of
international cooperation".
30.
That this Court notes that, after three years of the delivery of the Judgment, the
State has not made significant progress in the search of the mortal remains of Mr. Agustín
Goiburú Giménez, Carlos José Mancuello Bareiro, Rodolfo Ramírez Villalba and Benjamín
Ramírez Villalba. Without detriment to the excavations carried out during 2009, which
resulted in the findings of two bodies, it spring from the information furnished at the private