Report No. 49 (2012) IACHR. Petition No. 11.836 (Paraguay)

• Petition Number: 11.836
• Year: 2012
• Report Number: 49
• Alleged Victim: Feliciano Orue Coronel
• Case Type: Archive
• Respondent State: Paraguay
• Court: Inter-American Comission of Human Rights

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REPORT No. 49/12

DECISION TO ARCHIVE

CASE 11.836

PARAGUAY¹

M. 20, 2012

ALLEGED VICTIM: F.O.C.

PETITIONERS: Feliciano Orue Coronel

ALLEGED VIOLATIONS: The petitioner makes no express reference, but potential violations of Articles 5, 7, 8, and 25 of the American Convention on Human Rights are inferred.

INITIATION OF PROCESSING: November 14, 1997

I. POSITION OF THE PETITIONER

1. On November 10, 1997 the Inter-American Commission on Human Rights received the complaint filed by Mr. F.O.C. for the alleged violations of his rights to humane treatment and personal liberty, to a fair trial and judicial protection by the S. of Paraguay.

2. In his communication, the petitioner stated that on February 17, 1959, during the dictatorship of A.S., he was arrested without any justification and violently taken to Police Station No. 26 where he was subjected to torture and physical abuse and his belongings were stolen. According to the petitioner, the individual who was then Chief of the Police Department in the Capital is the person responsible for those events, and for this reason the petitioner filed an action against him. The petitioner asserts that that proceeding began on M. 30, 1995 before the Seventh First Instance Court and there had been no decision as of the date the complaint with the IACHR was filed.

II. POSITION OF THE STATE

3. The Paraguayan S., in its response of September 9, 1998, indicated that although the proceeding instituted by Mr. F.O.C. against the Chief of Police began on M. 30, 1992 and on November 3, 1997 arrest of the accused was ordered and the National Police was asked to provide a list of the police officers who were serving in Police Station No. 26 in 1959, these measures had not been taken as of the date of its response.

4. In a note received on January 16, 2009, the S. submitted a report indicating that no procedural action had been recorded in the file “Summary procedure to investigate alleged instances of physical abuse, torture, and robbery of the alleged victim Feliciano Orue Coronel allegedly occurring at the F. de la Mora police station,” after the order of April 3, 2000 resolving to archive that file. It added that two relatives of the alleged victim, who the latter had proposed as witnesses, failed to appear to make a statement in the investigation.

III. PROCESSING BY THE CIDH

5. The Commission received the petition on November 10,...