97
each other in good faith, either through the extradition of those responsible or by
prosecuting them on their own territory.
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167. Regarding the representatives’ request that the State should enact a law that
includes in the Civil Code the concept of “absent owing to forced disappearance” for
the persons who were deprived of their liberty and then disappeared from 1954 to
1989, the Court considers that this request has not been sufficiently justified either
in the arguments on merits or in those on reparations; therefore, it does not have
sufficient elements to rule on it.
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168. The representatives have asked the Court to order the State “to carry out the
necessary penal and procedural reforms in Paraguay to permit prosecution in
absentia,” because, currently, “this appears to be one of the problems that has
prevented filing criminal proceedings against Stroessner and Montanaro.” In this
regard, the Court observes that there is no clear consensus, in either the legal
doctrine or the national laws of the States in the region concerning the regulation of
this procedural constraint. In addition, there have been cases in which convictions in
absentia or “in contempt of court” have not been executed, because the arrest
warrants issued against those convicted have not been implemented; this then
becomes a factor of impunity and benefits the latter, owing to the action of the
justice system that convicts them but fails to execute the sentence.107 Accordingly,
the Court will not rule in this regard.
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169. The Court deems that the adoption of Act 2225 “creating the Truth and
Justice Commission” “to investigate acts that constitute or could constitute human
rights violations committed by State or para-State agents from May 1954 until the
promulgation of this Act,” is an element of reparation In this regard, the Court
considers that the work of this Commission could contribute to seeking the truth
about a period in Paraguay’s history; it therefore constitutes a very important effort
by the State. In this regard, the Court urges the State to continue encouraging the
development of its work.
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170. The Court assesses positively the creation of the Center of Documentation
and Files for the Defense of Human Rights, known as the “Terror Files,” which has
contributed to the search for the historic truth not only of Paraguay, but of the entire
region. The preservation, classification and systematization of these documents
107
Cf. Case of the Ituango Massacres, supra note 1, para. 293 and 312; Case of the Pueblo Bello
Massacre, supra note 5, paras. 187 and 211, and Case of the “Mapiripán Massacre”, supra note 2, para.
240.
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