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of those responsible, and reparations for the next of kin of the victims. Lack of
reparation, in proven cases of negligence by agents of the State, could have given
rise to domestic responsibility of the State of Paraguay.
38.
With regard to the alleged violation of Articles 8 and 25 of the American
Convention (Right to Fair Trial and Judicial Protection) and more specifically
regarding the proceeding against the members of the Community, I believe that the
unfair treatment against the Community in connection with violation of the right to
fair trial, which originated in the early procedural steps, in the trial court, could have
been readressed in other stages of the same proceeding, under domestic venue.
Ramón Fogel Pedroso
Judge ad hoc
Pablo Saavedra Alessandri
Secretary