56
repetition, to consolidate the social and democratic rule of law with full exercise of
human rights, and to promote a culture of peace, solidarity and concord among
Paraguayans.”52 These laws reflect a willingness to investigate and repair certain
harmful consequences of what the State acknowledges were grave human rights
violations perpetrated systematically and extensively. In this regard, it should be
underscored that the State has abstained from enacting amnesty laws and that its
1992 Constitution recognizes the non-applicability of the prescription of crimes
against humanity.
69.
Furthermore, within the Judiciary, some excerpts from the judgment of April
17, 2000, of the First Criminal Tribunal (de Liquidación y Sentencia) delivered in the
criminal proceedings opened in relation to the case of Carlos José Mancuello (supra
para. 61(88)), give an idea of the scope of the participation and responsibility of
senior members of the Government at the time in the perpetration of the crimes
attributed to some of the accused:
[…] The statements made to this Court by the witnesses in the proceedings, who had
received unofficial reports that Carlos Mancuello Bareiro, Amilcar Oviedo and the
brothers Ramírez Villalba had been murdered, attributing the order to President
Stroessner, and its execution to officials of the Investigations Department.
[O]n that occasion, based on a direct order from PASTOR CORONEL, the alleged escape
of the said Investigations Department detainees was recorded in the logbook […], when,
in reality, the events took place mainly as indicated above. […] This was a common
practice, used to conceal the disappearances of detainees who were executed, an action
that, among the prisoners, was known as the ‘ley de fuga’ [the escape law]’.
In this context, the Court considers proved the facts that, on November 25, 1974, Carlos
José Mancuello Bareiro was illegally deprived of his liberty, with abuse of authority, by
police officials, and then transferred to a police station, specifically the Asunción Police
Investigations Department, all of this without any order from a competent judicial
authority; once there, he was subjected to physical and psychological torture,
subsequently disappearing for an extended period without anyone being able to provide
any reliable information on his situation or his whereabouts since September 21, 1976,
and having been detained for approximately one year and ten months as a political
prisoner in an isolated cell which he shared with Amilcar Oviedo and the brothers
Ramírez Villalba, Rodolfo and Benjamín, where they were given “special treatment,”
handcuffed and shackled during the day, and only free when they could take a bath in
the early morning, and at the “sole and exclusive” disposal of the designs of President
Alfredo Stroessner and the accused, Pastor Miliciades Coronel. […]
“Alfredo Stroessner came to power in 1954 and, immediately, the following year, got the
representatives to draft Act No. 294/55 for the “Defense of democracy,” which should be
understood as the “Stroessner democracy”; in other words, his model of government,
where any attempt “to supplant totally or partially the republican democratic
organization of the nation by the communist system or any other totalitarian regime
shall be considered a crime” (art.1).
As can be seen, the faces of the “enemies” of society at that time were others. The Cold
War between the West and the Soviet bloc, which emerged after the Second World War,
also came to South America through the strategies of the “national security doctrine”
that originated in the United States Military Academies (in Panama and Puerto Rico) and,
subsidiarily, in the Brazilian “Escola de Guerra” from which (coincidentally) Stroessner
had graduated.
52
The Truth Commission would be responsible for investigating, in particular: (a) forced
disappearances; (b) extrajudicial executions; (c) torture and other serious injuries; (d) exile, and (e)
other grave human rights violations. Cf. article 3 of Act 2225/03, “Creating the Truth and Justice
Commission” of October 6, 2003 (file of attachments to the application, attachment 5, folios 6133 and
6136).
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