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:
- 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,
- In application of Article 51.1 of the Regulations, to presume the events denounced to be confirmed.
- 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).
- To recommend to the Government of Paraguay that it immediately release Mr. Suárez and Mr. Schwartzman.
- 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.
- To forward this resolution to the Government of Paraguay and to the claimants.
- 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.