24
alleged victim who has a direct interest in the case, his statement must be assessed
together with all the evidence in the proceedings and not in isolation. As the Court
has indicated, in matters concerning merits and reparations, the statements of the
alleged victim are useful insofar as they can provide more information on the
consequences of the violations perpetrated.16
67.
In the case of the testimonial statement made by Ricardo Lugo Rodríguez,
and the reports of the expert witnesses Horacio Verbitsky and Danilo Arbilla (supra
paras. 38, 60(b), 60(c) and 60(d)), which were not contested or opposed, the Court
admits them and accords them probative value.
68.
In light of the above, the Court will assess the probative value of the
documents, statements and expert reports presented in writing or made before it.
The evidence presented during the proceeding has been incorporated into a single
body of evidence, which is considered as a whole.17
VI
PROVEN FACTS
69.
Having examined the different documents, the statements of the witnesses,
the reports of the expert witness, and the arguments of the Commission, the
representatives of the alleged victim and the State during the proceedings, the Court
considers that the following facts are proven:
With regard to Ricardo Canese
69(1) Ricardo Canese has been an industrial engineer since 1975. From 1977 to
1984 he lived in exile in Holland, as a result of his stance against the dictatorship of
Alfredo Stroessner in Paraguay.18
69(2) Since 1978, Mr. Canese has researched and written books and newspaper
articles on the Itaipú bi-national hydroelectric power plant, which is one of the
largest hydroelectric dams in the world and the principal natural wealth of Paraguay.
The purpose of the Itaipú power plant is to exploit the hydroelectric potential of the
Paraná River, on the border between Paraguay and Brazil. In 1973, Paraguay and
Brazil concluded an agreement to construct this project.19 The CONEMPA Consortium
16
Cf. Case of the Gómez-Paquiyauri brothers, supra note 2, para. 63; Case of 19 Merchants, supra
note 2, para. 80; and Case of Molina-Theissen. Reparations, supra note 2, para. 32.
17
Cf. Case of the Gómez-Paquiyauri brothers, supra note 2, para. 66; Case of 19 Merchants, supra
note 2, para. 82; and Case of Molina-Theissen. Reparations, supra note 2, para. 36.
18
Cf. testimony of Ricardo Nicolás Canese Krivoshein given before the Inter-American Court on
April 28, 2004; and curriculum vitae of Ricardo Nicolás Canese Krivoshein (file of attachments to the
application, attachment 20, folios 212 to 215).
19
Cf. testimony of Ricardo Nicolás Canese Krivoshein given before the Inter-American Court during
the public hearing held on April 28, 2004; testimony of Ricardo Lugo Rodríguez given before the InterAmerican Court during the public hearing held on April 28, 2004; expert report of Horacio Verbitsky given
before the Inter-American Court during the public hearing held on April 28, 2004; sworn written statement
made by Miguel Hermenegildo López on March 29, 2004 before public notary (file on merits and possible
reparations and costs, tome III, folios 770 to 773); sworn written statement made by Fernando Antonio
Pfannl Caballero on March 25, 2004 (file on merits and possible reparations and costs, tome III, folios 756
to 760); judgment delivered by the First Criminal Trial Court on March 22, 1994 (file of attachments to the
application, attachment 8, folio 67 and copy of file of the criminal proceeding against Ricardo Canese for
the offenses of slander and injuria, file of attachments to the brief answering the application, and with