75
It had acquiesced to the petitioner’s claim that the State
accelerate the processing of the domestic judicial proceedings
in order to bring them to a close, punishing those responsible;
The next of kin have, at all time, had access to justice
and to judicial guarantees and judicial protection, and no State
agent or body has prevented this. Hence, the fact that they
have not used the judicial and administrative recourses cannot
be attributed to the State; and
The next of kin of the alleged victims or their
representatives have not been prevented from accessing the
ordinary civil jurisdiction to claim compensation for damages,
or other bodies, such as the Ombudsman’s Office, in order to
claim the compensation that corresponds to them under Act No.
836/96 (sic).
(b)
In the case of Carlos José Mancuello Bareiro:
i)
ii)
iii)
(c)
Paraguayan justice complied with the obligation to investigate
and punish the illegal acts;
It had acquiesced to the petitioner’s claim that the State
accelerate the processing of the domestic judicial proceedings
in order to bring them to a close, punishing those responsible;
and
The next of kin of Mr. Mancuello have access to judicial
mechanisms to claim compensation for damages in the civil
courts and to administrative mechanisms for compensation
under Act No. 838/96 through the Ombudsman’s Office. The
State has not prevented access to these mechanisms and there
is no evidence that the next of kin have resorted to them to
claim fair reparations, and this cannot be attributed Paraguay.
In the case of Benjamín and Rodolfo Ramírez Villalba:
(i)
(ii)
(iii)
(iv)
The case file is in appeal before the First Chamber of the Court
of Criminal Appeal, to decide the remedies of appeal and
annulment filed by the defense;
Regarding Alfredo Stroessner, the beneficiary of political asylum
in Brazil, an extradition request is being processed by the
Brazilian courts since June 5, 2001;
Sabino Augusto Montanaro was granted asylum in Honduras, a
country with which Paraguay has not signed an extradition
treaty; and
The next of kin of the brothers have had domestic recourses
available to receive prompt and adequate reparation, through
either civil or administrative mechanisms, but they have not
used them.
The Court’s findings
108.
Article 8(1) of the American Convention establishes:
Every person has the right to a hearing, with due guarantees and within a reasonable
time, by a competent, independent, and impartial tribunal, previously established by
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