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Case 2006 Paraguay WHEREAS: In
a number of communications, the first of which is dated December 17,
1975, it was denounced to this Commission that Professor Miguel Chase
Sardí, Victorio Suárez, Mauricio Schwartzman, a sociologist, and
Marilyn Rehnfeldt --all from the Marandú Project--as well as Gloria
Estragó, an employee of the Indian Bureau of Paraguay, had been
detained at the beginning of December; According
to the denunciation the arrests were made because the Project Marandú
is designed to improve economic and social conditions of the indigenous
population; According
to the claimants, the police searched the offices of the Marandú
Project and took a number of documents and letters, alleging the these
were proof of subversive activities; According
to the events denounced, Marilyn Rehnfeldt was detained for a number of
days and Professor Chase Sardí for 7 months, without any charges being
brought against them; It
has also alleged that Gloria Estragó was deprived of her freedom for
approximately one year before charges were brought against her and that
she was later released; According
to the denunciation, Miguel Chase Sardí, Victorio Suárez and Gloria
Estragó were brutally tortured. Chase Sardí suffered a number of
fractured ribs, which made it difficult for him o move his arms and an
ear infection, but did not receive the necessary medical attention; Mr.
Suárez and Mr. Schwartzman remained under detention without charges
having been brought against them; In
notes dated February 10 and June 2, 1976, the IACHR transmitted to the
Government of Paraguay the pertinent parts of the denunciation add
requested that it provide the appropriate information (Article 42 of the
Regulations); 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. Despite
the length of time that has elapsed, the Government of Paraguay has not
provided any information, 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 liberty and personal security (Article I of
the American Declaration of the Rights and Duties of Man; of the right
to the inviolability of the home (Article IX); of the right to the
inviolability of correspondence (Article X); of the right to a fair
trial (Article XVIII); of the right of association (Article XXII); of
the right of protection from arbitrary arrest (Article XXV), and of the
right to due process of law (Article XXVI). 3. To recommend to
the Government of Paraguay that it immediately releases Mr. Suárez and
Mr. Schwartzman. 4. To recommend to
the Government that it 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). Approved at the
522nd meeting, May 13, 1977 (41st Session) and
forwarded to the Government of Paraguay on May 27, 1977.
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