Case 2029

Paraguay

WHEREAS:

A communication dated March 1, 1976, denounced to this Commission a number of deaths, disappearances, illegal detentions and torture, especially of women;

According to the denunciation, Julio Solalinde, Juana Peralta, Antonio Perrucino and Blanca Pereyra died as the result of torture;

The claimant alleges that in 1974, María Rosa Aguirre was "brutally tortured, to an excessive extent," lost her mind and died giving birth to a baby girl who was turned over to the Sisters of Charity;

It is alleged that Doralicia Sosa, Lorenzo González, Estanislao Sotelo, Aurelio Gaona, Feliciano Franco, Tomás Casey, Silvio R. Fernández and Oscar Centurión disappeared from police premises;

According to the claimant, Oílda Recalde, the mother of four children, has spent nine years in prison; Gilberta Verdún, 65 years of age, who spent "almost ten years in prison, for having attempted to defend her husband who was decapitated in her presence," has again been arrested and is being held incommunicado in Investigations Department; Agripina Portillo has spent more than one year incommunicado in the Investigations Department; Teresa Asilvera entered "prison with a two-year old child and left when the child was six years old, and throughout this period the child was subjected to the same treatment as that given adult prisoners;" Rosa Gioburú was "arrested in an advanced stage of pregnancy, had her child in jail, alone, and before leaving spent approximately three more years there with her small child;" Gladys de Mancuello, "arrested in 1974 very late in her pregnancy, had her child in prison and is still there with her child;" María Candelaria Ramírez "lost her unborn child under torture, did not receive medical attention, and was released only when she was near death;"

Allegedly, no charges have been brought against any of these individuals;

In a note dated April 29, 1976, the Commission transmitted to the Government of Paraguay the pertinent parts of the denunciation and requested that it provide the appropriate information (Article 42 of the Regulations) and in a note dated February 4, 1977, the Commission repeated its request for information, extending the deadline for reply by 90 days;

Despite the length of time that has elapsed, the Government of Paraguay has not provided any information;

Article 51.1 of the Regulations of the Commission provides the following:

1. The occurrence of the events on which information has been requested will be presumed to be confirmed if the Government referred to has not supplied such information within 180 days of the request, provided always that the invalidity of the events denounced is not shown by other elements of proof.

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:

1.          In application of Article 51.1 of the Regulations, to presume the events denounced to be confirmed.

2.          To point out to the Government of Paraguay that such events constitute very serious violations of the right to life, liberty and personal security (Article I of the American Declaration of the Rights and Duties of Man); of the right to protection for the family (Article VI); of the right to protection for mothers and children (Article VII); of the right to the preservation of health and well-being (Article XI); of the right to a fair trial (Article XVIII); of the right of protection from arbitrary arrest (Article XXV), and of the right to due process of the law (Article XXVI).

3.          To recommend to the Government of Paraguay that it immediately release the individuals detained and take the necessary measures to establish the whereabouts of those who have disappeared.

4.          To recommend that the Government punish, in accordance with Paraguayan law, those responsible for the events denounced and that within sixty days it inform the Commission of the measures taken.

5.          To forward this resolution to the Government of Paraguay and to the claimants.

6.          To include this resolution in its Annual Report to the General Assembly of the Organization (Article 9 (bis), c, iii of the Statute).

Adopted at the 520^th meeting, May 129 1977 (41^st Session), and forwarded to the Government of Paraguay.