9
Supreme Court of Justice of Paraguay on December 11, 2002, regarding an appeal
for review filed by the alleged victim (supra paras. 22 and 23).9
55.
The State submitted a copy of decision and judgment No. 804 handed down
by the Criminal Chamber of the Supreme Court of Justice of Paraguay on April 27,
2004, regarding a petition for clarification filed by the alleged victim and his lawyer
(supra para. 37).10
56.
The State submitted documentation during the presentation of its final oral
arguments at the public hearing on merits and possible reparations and costs (supra
paras. 38 and 39).11
57.
The State submitted a copy of several domestic norms that were requested as
helpful evidence (supra paras. 43, 44 and 45).12
58.
Fernando Pfannl Caballero and Miguel Hermenegildo López, witnesses
proposed by the Commission and by the representatives of the alleged victim,
forwarded their sworn written statements (supra paras. 32 and 33),13 as required by
the President in the Order of February 27, 2004 (supra para. 29). The Court will now
summarize the relevant parts of these statements.
a)
Testimony of Fernando Antonio Pfannl Caballero, national
Senator from 1993 to 1998
The witness is Paraguayan and was a national Senator from 1993 to 1998. He
had also been proposed as a candidate for Mayor of Asunción, and occupied
various managerial positions in the municipality of Asunción from 1998 to
2001.
While he was a Senator, he was a member of the Bicameral Investigation
Committee, the Bicameral Budget Committee, the External Affairs
Committee, and the Agricultural Affairs Committee, among others.
The Itaipú bi-national entity is a public entity made up of the Governments of
Paraguay and Brazil; it belongs to both countries, in equal parts. The purpose
of the entity is to exploit the hydroelectric energy potential of the Paraná
River on the border between the two countries. To this end, it administers
the construction of the dam, the installation of equipment and generating
components and other related works and facilities, and the production and
sale of electric energy.
9
Cf. folios 489 to 495 and 502 to 508 of tome II of the file on merits and possible reparations and
costs.
10
Cf. folios 807 to 810 of tome III of the file on merits and possible reparations and costs.
11
Cf. evidence file submitted by the State on April 29, 2004, during the presentation of its final oral
arguments at the public hearing.
12
Cf. evidence file submitted by the State on August 24 and 27, 2004, which had been requested
by the President of the Court.
13
costs.
Cf. folios 756 to 760 and 770 to 773 of tome III of the file on merits and possible reparations and