According to the complaint,  a group of approximately 19 policemen from a local police station proceeded, in a state of drunkenness, to detain those persons without any explanation as to the reason for their detention, and robbed money from the victims. While attempting to identify himself and ask the reason for his arrest, a policeman struck him twice with a truncheon. He seemed to us to be under the influence of stimulants.
He refused to show his identity document and, therefore, we took him to the police station for identification. In conclusion, the Commission recommends a stricter and fuller application of the provisions contained in the Code of Criminal Procedure and in the New Code on Children and Adolescents, in the part referring to the rules on juvenile justice. To that end it reiterates the recommendation to the State to ensure the provision of greater training in the new paradigms contained in these codes for justice personnel, judicial operators, and legal professionals.
Duration of preventive detention. In its Third Report, the Commission recommended to the State to ensure that criminal proceedings unfold within a reasonable time and to guarantee full observance of the principle regarding the presumption of innocence.
The entry into force of the new Code of Criminal Procedure in many ways heralded the beginning of the end of the abuses to which the institution of preventive detention had led. The laws governing the institution were based on the application of preventive detention as a rational and exceptional measure and on the possibility of adopting alternative or substitute measures for confinement, which signified a major stride forward in the area.
The Commission regards as hugely important and values the efforts of the State in this respect. In the first year of application of the new process, The Commission remains concerned by the excessive delays in the preventive detention of persons whose cases predate March 1, , substantiated under the Code of The Commission highlights the progress in this area and at the same time reiterates the need to continue to adopt the necessary measures to give full effect in practice to the right to a proceeding in a reasonable time, which implies the principle of liberty during prosecution based on the principle of presumption of innocence.
With respect to the recommendations on the elimination of torture, the Commission notes that the State of Paraguay prohibits torture and other cruel, inhuman, or degrading treatment or punishment, practices for which it regards the statute of limitations as non-applicable for the purposes of criminal prosecution Article 5 of the Constitution and Article of the Criminal Code , and that it is a state party to two international treaties on torture. However, torture has continued to exist. In police investigations the Commission detects a similar pattern closely linked to the occurrence of detentions without a judicial order.
According to information received, when a suspect is detained by the police, whether because they have been caught in flagrante delicto , or because they are connected with a prior complaint under police investigation, it is likely that they will be subjected to physical abuse by the police at primary detention centers so that they might admit their guilt, confirm police suspicions, provide more clues that might lead the stolen object to be found, or inform on alleged perpetrators or accomplices. In some cases corruption is a determining factor in the practice of torture, when certain state agents use it for extortion purposes in exchange for not reporting the detention to the Public Ministry.
Following are some complaints that illustrate practices of torture that occurred subsequent to the Third Report that the Commission prepared on the State.
Truth Commission: Paraguay
When the victim did not provide any information, the policemen manhandled him into a nearby police booth, where he was beaten, humiliated, and terrorized so that he might give information on the whereabouts of his brother. On March 28, , Messrs.
They were handcuffed and taken to the police station. They were tortured on the way to, and after arriving at, the police station.
According to the accusation, Bower is responsible for the crime of torture, as well as inducement of a subordinate to torture defenseless people. The aforementioned situations reveal the extreme seriousness of the problem of torture in Paraguay. This acute problem also raises a legal question. The State of Paraguay is a party to two international conventions against torture. From a comparison of Article of the Criminal Code in force with the pertinent articles contained in the conventions, we find that Paraguayan criminal law does not agree fully with the descriptions of the crime given in the conventions, which means that the State is in breach of its obligation in this respect, with the attendant lack of guarantees which that entails for the adequate punishment and prosecution of such acts.
The crime of torture as provided in the new Criminal Code does not include basic elements of the offence described in the Convention,  for instance, under the Code the crime is not punishable based on its commission alone but, rather, evidence is required of grave effects or consequences to the victim. Article 1.
Country Report on Human Rights Practices 2016 - Paraguay
For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. Article 2. For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.
The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article. Penal Code of Paraguay. Article Perpetrates a punishable act against:. Another person's physical integrity, according to Articles ;. His liberty, according to Articles and ;. His sexual integrity, according to Articles , , and ;.
Minors, according to Articles and ;. The lawful exercise of public duties, according to Articles , , , and ; or inflicts serious psychological suffering on the victim, shall be liable to a custodial sentence of not less than five years. Lacks a legal or valid basis; or. Has been wrongfully assumed by the perpetrator. The Commission has no information that an official policy has yet been drawn up to put a stop to torture.
Refworld | Paraguay
Nor has the Commission been informed that persons responsible for committing torture have been effectively punished. Lastly, the Commission has not been informed about any legislative initiatives to amend Article of the Criminal Code, in order to ensure the requisite compatibility of the classification of the crime with the international conventions. Indeed, the information available to the IACHR shows that overcrowding continues as a result of the number of inmates who are facing proceedings but have not been convicted.
Paraguay returned to a civil government in , but political infighting overshadowed the need to address abused of the past. Interest in creating a truth commission heightened when Dr. The records discovered in Paraguay documented the secret establishment of the network in , the existence of a joint information center at the headquarters of the Chilean secret police in Santiago as well as the involvement of General Stroessner in Operation Condor.
The files discovered in Paraguay became known as the Archive of Terror. The Truth and Justice Commission of Paraguay was established by an act of parliament in October In December , the government stopped the funding of the Commission and it had to suspend investigations for several months. The collection contains profiles of truth commissions and substantive bodies of inquiry from nations worldwide - offering general background information on the composition of each body, links to the official legislative texts establishing such commissions, and each commission's final reports and findings.
The U. Department of State submits reports on all countries receiving assistance and all United Nations member states to the U. Access the full report here.
- Shattered Stone.
- Walk to Tortoricis (Joshua).
- The New Music Journalism: Faber Forty-Fives: 1973–1974.
- Paraguay Corruption Report;
- HOW TO BE HAPPY..?
- Country reports.
Local communities are the most affected by this abhorrent crime and are also the first line of defense against human trafficking. Paraguay made significant increases in drug seizures and illicit crop eradication in