VI. Fourteen Points for Facing Impunity

While this panorama of arbitrary executions and impunity responds to injustice and structural causes embedded in the Paraguayan society which should be dealt with and resolved by means of public policies for the redistribution of land on a large scale, the CODEHUPY does support a basic programme agenda consisting of 14 point measures that should be adopted immediately. These measures should be implemented without delay in order to face the problem, bring about justice, and provide reparation for the victims. At the same time, efforts must be made to ensure that the acts of violence are not repeated chronically. The points are the following:

A.-       Justice

1.  Investigation, instituting and prosecuting judicial proceedings, and effective sanctions in all of the cases, for the material authors as well as for the instigators, accomplices, and accessories after the fact. There should be a reopening of the investigation in the appropriate penal jurisdiction for those cases that were acquitted in an irregular manner.

2. Trials to bring suit against the judges and public prosecutors that facilitated the impunity of the cases and to pass judgement on the same, in the context of legal actions to be carried out before the Board of Judges for the Judging of Magistrates.

B.        Public disclosure of the Truth

3.   Establishment of a bi-cameral legislative commission to investigate and to clarify all the cases of arbitrary execution and forced disappearance of members of organisations of rural workers involved in the struggle for agrarian reform.

C.        Full and effective reparation

4.  Compensation for the families of the victims.

5.  Public acknowledgement and acceptance of the State's responsibility in each of the denounced cases and a public apology to be delivered to the families of the victims.

6.  Official proclamation of the designations of places and/or institutions that have been named for a victim.

D.        Guarantees of non-repetition

7.   Legal prohibition of the formation of any type of security organisation involving parapolice agents, and the disposition of penal sanctions for those who instigate, participate in, or derive benefits from the formation of the same.

8.   Modification of the legal regime governing the registration, possession, and bearing of arms, in such a manner as to establish strict prohibitions with respect to the commercialisation, holding and unlawful use of arms by private persons.

9.   Modification of Law 1.066/97, which regulates Article 32 of the National Constitution (right of peaceful assembly), in order to ensure the free exercise of the right of peaceful assembly and demonstrations without undue restrictions as regards mode, time, place, number of demonstrators and prior police authorisation. In this way, the State would also be in compliance with an obligation of international law that was formulated by the Human Rights Committee and addressed to the State of Paraguay in 2005 (CCPR/C/PRY/CO/2, October 31, 2005, paragraph 20).

10. Modification of the articles of the Penal Code that are used for the outlawing and criminalisation of forms of social protest, in such a manner as to determine with precision the limits of the conducts that are legitimate means for the expression of criticism and discontent by the citizenry.

11. Establishment of a protocol for investigations concerning arbitrary executions carried out by the Judicial branch of government, including public prosecutors, that is in accordance with the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions; the Basic Principles and Guidelines on the Right to a Remedy and Reparation proclaimed by the United Nations; and, the standards set by the Inter-American Court on Human Rights.

12. Adoption of a set of rules and regulations for the police agents that intervene at public meetings and demonstrations that is in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the standards set by the Inter-American Court on Human Rights; likewise, the adoption of instruction and training programmes for the National Police as regards said regulations or guidelines, in order to comply with the recommendation delivered to Paraguay in this respect by the Human Rights Committee in 2005 (CCPR/C/PRY/CO/2, October 31, 2005, paragraph 11).

13. Adoption of an official set of regulations for the strict prohibition of the use of firearms and other lethal weapons, or of weapons which are capable of causing either death or severe injury, when controlling public meetings and demonstrations that are not violent, including cases involving the blocking or closing of roads and the occupation of private property, public spaces or public buildings.

14. Adoption of a mechanism by means of which the firearms and ammunition prescribed by National Police regulations are defined and purchased by the institution, and that a registry is established for the registration of arms and ammunition. This Registry should record data related to the test firing, range, and custody of firearms, as well as the storing of empty bullet cartridges, in order to establish the characteristics of each weapon and the bullets employed. In addition, the adoption of a system for the delivery and registration of the regulatory firearms issued to police agents for their use in accordance with the regulations. The fulfilment of these measures would comply in this respect with a recommendation presented to the Paraguayan State by the Human Rights Committee in 2005 (CCPR/C/PRY/CO/2, October 31, 2005, paragraph 11).