43
61(72) On April 12, 1999, Mrs. Benítez de Goiburú asked the Court to issue an
official letter to Brazil and Honduras requesting information on the dates when the
asylum granted expired.
61(73) On March 9, 2000, Mrs. Benítez de Goiburú requested the First Criminal
Tribunal (de Liquidación y Sentencia) to declare Alfredo Stroessner and Sabino
Augusto Montanaro in contempt of court and to order preventive detention for the
purpose of extradition. She also requested that their extradition should be ordered.
On November 13, 2000, she asked that preventive detention should be decreed for
Alfredo Stroessner and again requested that the court order his extradition and that
of Sabino Augusto Montanaro. In July 2000, July 2001 and April 2002, she repeated
her request that the respective extraditions should be ordered. In December 2000,
she again asked the court to send an official letter to INTERPOL to ensure compliance
with the preventive detention ordered.
61(74) On November 20, 2000, the Attorney General’s Office advised that
prevention detention should be ordered for the accused, Sabino Augusto Montanaro
and Alfredo Stroessner, because it was “an essential requirement for the viability of
an extradition request, which had to be processed through the corresponding
diplomatic channels.”
61(75) On December 7, 2000, having declared Alfredo Stroessner and Sabino
Augusto Montanaro “in contempt of court” in May that year, the Third Criminal
Tribunal (de Liquidación y Sentencia) decided to order their preventive detention “for
the purpose of their extradition,” based on the definition of their procedural conduct;
namely, having “effectively and appropriately instigated” the perpetration of crimes;
in this case, murder and illegitimate deprivation of liberty. Among the findings on
which this decision was based, the Court indicated, inter alia, that “State-organized
terrorism is a type of crime that has occurred in numerous countries, particularly in
Latin America” (infra para. 70).
61(76) On February 2, 2001, the Third Criminal Tribunal (de Liquidación y
Sentencia) requested the Ministry of Foreign Affairs of Paraguay to provide
information on the extradition treaties that existed between Paraguay and Honduras
and Brazil. It also requested information on the juridical and legal status of Alfredo
Stroessner so as to determine the possibility of processing the extradition request.
61(77) On March 2, 2001, the Ministry of Foreign Affairs informed the Third Criminal
Tribunal (de Liquidación y Sentencia):
That it had not signed an extradition treaty with Honduras, although, based on the rules
of international reciprocity and courtesy, it is possible to process an extradition request
in the absence of a signed treaty.
With regard to treaties with the Federative Republic of Brazil, an authenticated copy of
the Treaty for the Extradition of Offenders between Paraguay and Brazil, signed by the
two countries in 1922, is attached.
Regarding the juridical and legal status of the Paraguayan citizen, Alfredo Stroessner
Matiauda, who is in exile in Brazil, this Ministry is aware that he has been granted
asylum by the Federative Republic of Brazil.
61(78) On February 12, 2005, the Paraguayan Ministry of Foreign Affairs asked the
President of the Supreme Court of Justice of Paraguay to provide information on the
extradition requests made in relation to Alfredo Stroessner and Sabino Montanaro.
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