27
Color” published an article entitled “Wasmosy fue prestanombre de la familia
Stroessner”, [Wasmosy was the Stroessner family’s front man], in which Mr. Canese
indicated, inter alia, that “[i]n the practice, Mr. Wasmosy was the Stroessner family’s
front man in CONEMPA, and the company transferred substantial dividends to the
dictator.”27
69(8) Juan Carlos Wasmosy was elected President of the Republic on May 9, 1993,
and took office on August 15, 1993.28
69(9) In April 1999, during the Government of President Luis González Macchi,
Ricardo Canese was appointed Deputy Minister of Mines and Energy. He held that
office for eleven months.29
With regard to the criminal proceedings against Mr. Canese and the domestic judicial
proceedings
69(10) On October 23, 1992, the lawyer of Ramón Jiménez Gaona, Oscar Aranda
and Hermann Baumann, CONEMPA Directors, filed a criminal complaint before the
Criminal Trial Court against Ricardo Canese, for the offenses of slander and injuria,
allegedly “perpetrated […] on August 27 that year [1992], in publications that had
appeared in the newspapers ‘ABC Color’ and ‘Noticias-El Diario’ in which he made
slanderous and injurious accusations against ‘CONEMPA S.R.L.’ that affected [them]
personally [,…] as directors of the company.”30
69(11) On September 8, 1993, the First Trial Judge decided to declare “the
preliminary proceedings closed and to elevate the case to a plenary proceedings.”31
On September 24, 1993, Mr. Canese’s lawyer requested “that the case be opened for
27
Cf. Newspaper article entitled “Wasmosy fue prestanombre de la familia Stroessner” published on
August 27, 1992 in the newspaper “ABC Color” (file of attachments to the application, attachment 19, folio
211).
28
Cf. testimony of Ricardo Nicolás Canese Krivoshein given before the Inter-American Court during
the public hearing held on April 28, 2004; testimony of Ricardo Lugo Rodríguez given before the InterAmerican Court during the public hearing held on April 28, 2004; and action on unconstitutionality filed on
November 29, 1997, by Ricardo Canese before the Supreme Court of Justice of Paraguay (file of
attachments to the application, attachment 21, folio 307; and copy of the file on the action on
unconstitutionality in the case “Ricardo Canese, for slander and injuria” before the Supreme Court of
Justice of Paraguay, file of attachments to the brief answering the application, and with observations on
the brief with requests and arguments, tome II, attachment 4, folio 1327).
29
Cf. testimony of Ricardo Nicolás Canese Krivoshein before the Inter-American Court during the
public hearing held on April 28, 2004; and Decree No. 2386 of April 9, 1999, appointing Ricardo Canese
Krivoshein Deputy Minister of Mines and Energy of the Ministry of Public Works and Communications (file
of attachments to the brief answering the application, and with observations on the brief with requests
and arguments, tome I, attachment 2, folio 620).
30
Cf. criminal complaint filed by the lawyer of Ramón Jiménez Gaona, Oscar Aranda and Hermann
Baumann before the Criminal Court of First Instance against Ricardo Canese for the offenses of slander
and injuria (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of slander
and injuria before the First Criminal Trial Court, file of attachments to the brief answering the application,
and with observations on the brief with requests and arguments, tome I, attachment 4, folios 766 to 775).
31
Cf. interlocutory order No. 1213, issued by the First Trial Judge for Criminal Matters on
September 8, 1993 (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of
slander and injuria before the First Criminal Trial Court, file of attachments to the brief answering the
application, and with observations on the brief with requests and arguments, tome I, attachment 4, folio
828).