43
country and decided “to authorize [his] departure from the country for ten days[,] as
of September 29, [1997].”105
69(64) On September 28, 2000, the Supreme Court of Justice of Paraguay issued
interlocutory order No. 1626, in which it admitted a petition for habeas corpus filed
by Ricardo Canese and decided to authorize his departure from Paraguay for ten
days, from October 7 to 16, 2000, and indicated that Mr. Canese “should report his
return.”106
69(65) On March 6, 2002, the Supreme Court of Justice of Paraguay granted
Ricardo Canese permission to leave the country from March 8 to 17, 2002. On March
25, 2002, on his return to Paraguay, Mr. Canese and his lawyer submitted a brief to
the Supreme Court of Justice of Paraguay reporting that Mr. Canese had returned to
the country and “made [himself] available to the justice system.”107
69(66) On August 8, 2002, Mr. Canese and his lawyer filed a petition for habeas
corpus reparador “as a measure of extreme urgency,” to obtain permission to travel
to Peru as a “member of the Technical Advisory Team” of the “Comité de Iglesias
para Ayudas de Emergencia (CIPAE)” from August 24 to September 2, 2002.108
69(67) On August 22, 2002, the Criminal Chamber of the Supreme Court of Justice
of Paraguay issued decision and judgment No. 896, on the petition for habeas corpus
reparador filed on August 8, 2002 (supra para. 69(66)), stating that “the final
judgment did not include any prohibition” to leave the country; it therefore
concluded that the prohibition “was issued as a precautionary measure in the said
proceedings and has now become untenable.” In this respect, the Criminal Chamber
declared that “it [was] in order to rectify the circumstances through a general
habeas corpus” and, consequently, Ricardo Canese “does not require authorization to
travel abroad.”109
105
Cf. interlocutory order No. 1125 issued by the Supreme Court of Justice of Paraguay on October
19, de 1997 (file of attachments to the application, attachment 15, folio 105).
106
Cf. interlocutory order No. 1626 issued by the Supreme Court of Justice of Paraguay On
September 28, 2000 (file of attachments al brief with requests and arguments, attachment 4, folio 570).
107
Cf. brief submitted by Ricardo Canese and his lawyer to the Supreme Court of Justice of Paraguay
on March 25, 2002 (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of
slander and injuria before the First Criminal Trial Court, file of attachments to the brief answering the
application, and with observations on the brief with requests and arguments, tome II, attachment 4, folio
1198).
108
Cf. petition for habeas corpus filed by Ricardo Canese and his lawyer before the Supreme Court
of Justice of Paraguay on August 8, 2002 (file of attachments to the brief answering the application, and
with observations on the brief with requests and arguments, attachment 4, folio 1400); and letter of
invitation of August 6, 2002, addressed by the Comité de Iglesias para Ayudas de Emergencia (CIPAE) to
Ricardo Canese (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of
slander and injuria before the First Criminal Trial Court, file of attachments to the brief answering the
application, and with observations on the brief with requests and arguments, tome II, attachment 4, folio
1399).
109
Cf. decision and judgment No. 896 issued by the Criminal Chamber of the Supreme Court of
Justice of Paraguay on August 22, 2002 (copy of the file of the criminal proceeding against Ricardo Canese
for the offenses of slander and injuria before the First Criminal Trial Court, file of attachments to the brief
answering the application, and with observations on the brief with requests and arguments, tome II,
attachment 4, folios 1402 to 1403); testimony of Ricardo Nicolás Canese Krivoshein given before the
Inter-American Court during the public hearing held on April 28, 2004.
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