81
these judgments enforced using the corresponding channels. It is true that the
existence of Act No. 838/96 (supra para. 61(123)) can help repair certain
consequences of the human rights violations committed against some victims during
the dictatorship. However, since the possible effects of this law do not encompass
integral reparation of the violations committed, the State cannot allege that the next
of kin have not attempted this mechanism so as to claim that it has fulfilled its
obligation to make reparation. Consequently, the Court does not need to rule on the
scope and characteristics of the civil jurisdiction or the procedure established in the
said Act No. 838/96 under the responsibility of the Ombudsman’s Office.
(b)
Obligations derived from international law on extradition in cases of
grave human rights violations
123. Although the State’s responsibility has been declared, it is necessary to take
into account Paraguay’s arguments with regard to its obligation to investigate the
facts, and to identify and punish those responsible. Regarding the proceedings
opened in the case of Agustín Goiburú Giménez, the State indicated that “the
Paraguayan procedural system d[id] not allow the trial in absentia [of the accused,
Alfredo Stroessner Matiauda and Sabino Augusto Montanaro, so that] taking into
account [also] the death of two of the accused in the case, it is at a standstill.” In
relation to the criminal proceedings in the case of the brothers Rodolfo and Benjamín
Ramírez Villalba, the State indicated that “the preliminary proceedings continue open
with regard to the accused, Alfredo Stroessner Matiauda, Sabino Augusto Montanaro
and Eusebio Torres; [that] an extradition request is being processed before the
Brazilian courts […] [in the case of Mr. Stroessner and that Mr.] Montanaro […] has
been granted asylum in Honduras, a country with which Paraguay has not signed an
extradition treaty.”
124. In the case of Dr. Agustín Goiburú Giménez, even though, in 1989, initial
attempts were made by the court in charge of the investigation, through letters
rogatory sent via the Paraguayan Ministry of Foreign Affairs, for the accused to make
“informative statements” before Brazilian and Honduran judicial authorities, these
measures never produced any concrete results (supra paras. 61(65) to 61(69)).
Following the repeated requests of the complainant, in 1997, 1998 and 1999, the
Court requested the Ministry of Foreign Affairs to provide information on the results
of the letters rogatory, but there is no evidence of any result in this respect. In 1999,
the Fourth Criminal Court of First Instance advised the Head of the National Police
Headquarters in Asunción that it had decided to order the preventive detention of
Sabino Augusto Montanaro, which gave rise to subsequent communications with
INTERPOL, but without any concrete results. Following several petitions by the
complainant, Elva Benítez de Goiburú, and the fact that, in May 2000, the Third
Criminal Tribunal (de Liquidación y Sentencia) had declared “that the defendants
were in contempt of court and willfully disobedient of court orders,” in December
2000 that court “ordered the preventive detention for the purpose of extradition” of
the accused; in other words, 11 years after the proceedings had commenced.
Despite this order, there is no evidence in the documentation provided to the Court
that the extradition of Alfredo Stroessner or Sabino Augusto Montanaro was
effectively requested in the context of these criminal proceedings. With regard to
Alfredo Stroessner Matiauda, the Court cannot disregard the well-known fact that he
died on August 16, 2006, in Brasilia, Brazil, the country where he resided following
the end of the dictatorship in Paraguay. Regarding Sabino Augusto Montanaro, even
though the State had informed the Court that “he had been granted asylum in
Honduras, a country with which Paraguay has not signed an extradition treaty,” and
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