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Investigations Department, and five other persons who occupied
various positions and ranks in the Asunción Police. While the case were
being processed, four of the defendants died, one of whom – the
former Head of the Asunción Police Investigations Department – had
been convicted in first instance, and another four former officials have
been convicted in first or second instance. The convicted men were
declared to have incurred civil responsibility. On February 11, 2003,
the Second Chamber of the Court of Appeal granted the remedies of
appeal and annulment filed by two of the accused and by the
complainant against the appeal judgment and agreement and
forwarded the case file to the Supreme Court of Justice, where it is
pending a final decision. The case is open at the preliminary
proceedings stage with regard to three persons.
(c) In the case of the brothers Rodolfo and Benjamín Ramírez Villalba, the
proceedings were instituted in 1989 by their brother, Julio Darío
Ramírez Villalba, against 11 persons, 10 of whom are the same as
those accused in the two preceding cases; the other accused is
another former Police official. On September 1, 1999, the Fourth
Criminal Court of First Instance convicted five former officials and the
former Head of the Asunción Police Investigations Department, who
died subsequently. During the proceedings, the detention was ordered
of one of the accused, Eusebio Torres, who was a fugitive from justice
and he was declared in contempt of court. After having ordered his
preventive detention for the purpose of extradition in July 1993, the
Fifth Criminal Court of First Instance declared the accused Alfredo
Stroessner Matiauda “in contempt of court and willfully disobedient of
court orders.” Then, in June 2001, it requested his extradition (infra
para. 126). Actually, the criminal proceedings are before the First
Chamber of the Criminal Court to decide three remedies of appeal and
annulment that have been filed. The preliminary proceedings continue
open with regard to the accused, Alfredo Stroessner Matiauda, Sabino
Augusto Montanaro and Eusebio Torres, and the extradition request for
the former is being processed before the Brazilian courts; however, he
died recently, and Mr. Montanaro has been granted asylum in
Honduras.
114. From the above, it is clear that the criminal proceedings are still open 17
years after they were instituted. In this regard, the State accepted the existence of a
“serious judicial delay” or “the existence of a judicial delay in delivering judgment”
and stated that “it acquiesced partially [regarding] the violation of the rights to a fair
trial and judicial protection” in the three cases referred to (supra para. 41).
115. Despite the foregoing, Paraguay alleged that this judicial delay “was due to
shortcomings of the former penal system under which the proceedings were
instituted” and which, as of 1989, with the fall of General Stroessner and the reestablishment of democracy, has been making constant progress to respect and
safeguard human rights effectively”; it considered that, this progress includes, “of
great importance for the instant case, […] the reform of the Penal Code and the
Criminal Procedural Code in 1997 and 1998, respectively, which it categorized as
“naturally slow, owing to their complexity.” In accordance with the State’s partial
acquiescence, the Court has already decided that the dispute has terminated with
regard to the violation of the above-mentioned Articles, as regards the duration of
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