Service,” it was possible to determine “with positive certainty that Jorge López and A.C.
were indeed victims of the punishable act of torture.” 113
58. On January 17 and 21, 2020, the joint complainant and the Public Prosecution
Service appealed the Criminal Court’s judgment. 114 On April 27, 2021, the Court of
Criminal Appeals decided to “declare the Special Appeals admissible” and “annul the
ruling of December 30, 2019.” 115 The Court of Appeal noted that “[the] lower court failed
to adhere to the rules of sound criticism when evaluating evidence of a decisive nature
[and] issued a flawed judgment that was liable to be annulled.” 116 The case was sent
back to the court whose decision was appealed so that it could coordinate the transfer
of the case to a new court so a new trial could be held.” 117 Currently the case is waiting
for the members of a new trial court to be assigned to carry out the oral public trial. 118
As the parties also pointed out, one of the defendants has filed an action for the
protection of constitutional rights with the Supreme Court of Justice challenging the
decision of the Court of Appeal of April 27, 2021, annulling the judgment of December
30, 2019. 119
D. Relevant regulatory framework
59. At the time of the events, Article 12 of the Constitution of Paraguay established
the following with respect to detention and arrest:
No one shall be detained or arrested without a written order from a competent authority,
except in the case of a person caught in flagrant commission of a crime that warrants
imprisonment. All detained persons have the right:
1. To be informed, at the time of the event, of the reason, and of their right to remain
silent and to be assisted by a defense attorney they trust. On arresting them, the
authorities are obliged to show the written order ordering their detention;
2. To have their arrest communicated immediately to their relatives or to the persons
they indicate;
3. To be able to communicate freely [with the outside world], unless, in exceptional
cases, it is established in the arrest warrant issued by the competent judicial authority
that they be held incommunicado. The incommunicado order shall not apply to their
defense attorney, and shall in no case exceed the term prescribed by law;
4. To have an interpreter, if necessary; and,
113
Cf. Final Judgment No. 1 of the Collegiate Trial Court of the Judicial District of Asunción, Case 01-0102-01-2000-2606, “B.P., M.P., O.V., W.P., for infliction of bodily injury in the performance of public duties and
others,” of December 30, 2019 (evidence file, folio 449).
114
Cf. Final Judgment No. 1 of the Collegiate Trial Court of the Judicial District of Asunción, Case 01-0102-01-2000-2606, “B.P., M.P., O.V., W.P., for infliction of bodily injury in the performance of public duties and
others,” of December 30, 2019 (evidence file, folios 10481 to 10485).
115
Cf. Final Judgment No. 1 of the Collegiate Trial Court of the Judicial District of Asunción, Case 01-0102-01-2000-2606, “B.P., M.P., O.V., W.P., for infliction of bodily injury in the performance of public duties and
others,” of December 30, 2019 (evidence file, folios 10516 and 10517).
116
Cf. Final Judgment No. 1 of the Collegiate Trial Court of the Judicial District of Asunción, Case 01-0102-01-2000-2606, “B.P., M.P., O.V., W.P., for infliction of bodily injury in the performance of public duties and
others,” of December 30, 2019 (evidence file, folio 10515).
117
Cf. Final Judgment No. 1 of the Collegiate Trial Court of the Judicial District of Asunción, Case 01-0102-01-2000-2606, “B.P., M.P., O.V., W.P., for infliction of bodily injury in the performance of public duties and
others,” of December 30, 2019 (evidence file, folios 10515).
118
Cf. Final oral arguments of the State of Paraguay in public hearing held during the 155th regular
session (minute 3:14:00 to 3:14:40).
119
Cf. Motions, pleadings and evidence brief, para. 8 (merits file, folio 81).
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