40
Concerning the criminal proceedings in relation to the case of Agustín Goiburú
Giménez42
61(51) On May 5, 1989, Elva Elisa Benítez de Goiburú and others filed a criminal
complaint before the Office of the Public Prosecutor in first instance for the alleged
crimes of abduction, torture and murder suffered by Agustín Goiburú Giménez. They
also stated that the persons who could be aware of the facts were: General Alfredo
Stroessner, former President of the Republic; Sabino Augusto Montanaro, former
Minister of the Interior; Pastor Milciades Coronel, former Head of Asunción Police
Investigations; General Francisco Alcibiades Brítez Borges, former Head of the
Asunción Police; General Benito Guanes Serrano, former Head of Military
Intelligence, and Oscar Gómez, Director of the “Rigoberto Caballero” Police Polyclinic.
61(52) On June 26, 1989, the Third Criminal Court of First Instance decided to
conduct a preliminary investigation against Pastor Milciades Coronel and Benito
Guanes Serrano. On April 1, 1993, this court decided to expand the investigation; it
therefore included as accused: Sabino Augusto Montanaro, Francisco Ortiz Téllez and
General Francisco Alcibíades Brítez Borges; ordered the preventive detention of
Sabino Augusto Montanaro, Pastor Milciades Coronel and Francisco Alcibíades Brítez
Borges, and ordered that statements be taken from Sabino Augusto Montanaro,
Pastor Milciades Coronel, Francisco Ortiz Téllez and Francisco Alcibíades Brítez
Borges.
61(53) At the beginning of 1990, General Rafael Benito J. Guanes Serrano and
Francisco Alcibíades Brítez Borges made informative statements by answering a
questionnaire sent by the Third Criminal Court of First Instance to their place of
detention. In July 1990 and April 1993, Pastor Milciades Coronel and Francisco Ortiz
Téllez, respectively, made their informative statements and statements under
questioning.
61(54) In 1991, the Fifth Criminal Prosecutor insisted on the need to make progress
in the investigation of the case before the Third Judge of First Instance for Criminal
Matters.
61(55) On June 28, 1993, after an objection had been raised to the head of the
Third Criminal Court of First Instance, the latter ordered the file to be forwarded to
the Fourth Criminal Court of First Instance.
61(56) On September 9, 1996, the Fourth Criminal Court of First Instance ordered
that the preliminary proceedings should be advanced to regular proceedings in the
case of Pastor Milciades Coronel for the alleged crimes against life, physical integrity,
health and constitutional guarantees. It also left the preliminary proceedings open
with regard to the defendants Sabino Augusto Montanaro and Francisco Ortiz Téllez
concerning the same crimes.
61(57) On July 2, 1997, Elva Elisa Benítez de Goiburú appeared before the Fourth
Judge of First Instance for Criminal Matters in order to “file a criminal complaint
42
Paragraphs 61(51) to 61(120) of this judgment, concerning the three criminal proceedings
opened in the cases of the victims, refer to facts that the Court finds have been established based on the
State’s acknowledgement of responsibility and the probative elements in the files of the domestic criminal
proceedings, most of which were provided by the Commission as attachments to the application, and also
by the State as helpful evidence.
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