77
112. First, it is true that almost 32 years have elapsed since the detention of
Carlos José Mancuello Bareiro and the brothers Rodolfo and Benjamín Ramírez
Villalba and almost 30 years since their disappearance, together with that of Agustín
Goiburú Giménez. Even though there is no evidence that applications for habeas
corpus or any other recourse in favor of the victims were attempted at the time of
their illegal detention or abduction and subsequent disappearance, the
ineffectiveness of this type of action during the first period has been verified (supra
para. 61(4)). Consequently it is a fact that, at the time, there was no effective
recourse in Paraguay to counter illegal or arbitrary detentions, because one of the
characteristics of the governing dictatorship was the exercise of a “permanent state
of siege,” renewed by the Executive every 90 days (supra paras. 61(2) and 61(4)).
The courts of justice usually refused to receive and process applications for habeas
corpus in relation to measures decreed by the Executive under this state of siege,
which did not function as a mechanism to deal with exceptional situations, but rather
as an instrument at the service of the dictatorship. In other words, the lack of an
investigation into the facts was part of the systematic practice of human rights
violations and contributed to the impunity of those responsible, so that the judicial
protection due to the victims and their next of kin was illusory from the time they
were detained and until the end of the dictatorship.
113. During the second period, three criminal proceedings were filed in relation to
the facts of the case, and their evolution and results must be examined:
(a)
In the case of Dr. Agustín Goiburú Giménez, the proceedings were
instituted in 1989 by the complaint filed by his wife, Elba Benítez de
Goiburú, against those who, at the time of the facts, were the Head of
State, the Minister of the Interior, the Head of Military Intelligence, the
Head of the Asunción Police, the Head of the Asunción Police
Investigations Department, and the Paraguayan Consul in Posadas,
Argentina. While the case was being processed, three of the six
accused died; accordingly, the criminal proceedings were declared
extinguished in their respect. The accused, Alfredo Stroessner
Matiauda and Sabino Augusto Montanaro, had been granted asylum in
Brazil and Honduras, respectively, so the court of first instance
declared them “in contempt of court and willfully disobedient” of court
orders until they presented themselves to go on trial” and ordered
preventive detention for the purpose of extradition (infra para. 124).
No judgment was delivered in these proceedings and the last relevant
procedural act was that, on May 29, 2002, the Third Criminal Tribunal
(de Liquidación y Sentencia) reviewed the proceedings in order to
deliver judgment with regard to the defendant, Francisco Ortiz Téllez,
but this has not yet been delivered. Given this situation, the State
indicated that, since “the Paraguayan procedural system did not allow
a trial in absentia” with regard to the accused, Alfredo Stroessner
Matiauda and Sabino Augusto Montanaro, “and bearing in mind the
decease of two of the accused in the case, it was at a standstill.” As
indicated above, the defendant Stroessner has died recently.
(b)
In the case of Carlos José Mancuello Bareiro, the proceedings were
instituted in 1990 when his mother, Ana Arminda Bareiro de
Mancuello, filed a criminal complaint against those who, at the time of
the facts, were the Head of State, the Minister of the Interior, the
Head of the Asunción Police, the Head of the Asunción Police
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