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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 36. The Committee last examined this case at its October–November 2019 meeting and recalls that it is related to the trial and sentencing for the crime of “breach of trust” of the three presidents of the trade union confederations: the Paraguayan Confederation of Workers (CPT), the United Confederation of Workers (CUT) and the Trade Union Confederation of State Employees of Paraguay (CESITEP), Mr Gerónimo López (who died in hiding and as a fugitive from justice), Mr Alan Flores (who resides abroad as a fugitive from justice) and Mr Reinaldo Barreto Medina [see 391st Report, paras 24–27]. On that occasion, the Committee noted with concern that the judicial proceedings concerning Mr Barreto Medina, instituted two decades ago, had not yet been completed since the Public Prosecutor’s Office had filed appeals against the decisions that had granted him conditional release and declared his sentence null and void. The Committee expressed the firm hope that the judicial proceedings concerning Mr Barreto Medina would be concluded soon and requested the Government to inform it of its outcome.
- 37. By a communication dated 17 March 2022, CESITEP indicates that in October 2021, the Fourth Criminal Chamber of Appeals reported that a new Court of Appeal had been set up with respect to the conditional release granted to Mr Barreto Medina. CESITEP further alleges that the Government prohibited the National Police from renewing Mr Barreto Medina’s passport and that this would prevent him, among other things, from attending a congress abroad as President of CESITEP. CESITEP indicates that Mr Barreto Medina is an active and supportive member of society, is a rector and professor of a university, President of CESITEP and also holds other relevant positions, so any challenge to the parole, granted in 2012, makes no sense whatsoever since his reintegration into society is not in question. In a communication dated 16 August 2022, CESITEP recalls that the judicial proceedings concerning Mr Barreto Medina began 22 years ago and that this has meant a long ordeal for the leader and his family.
- 38. In communications dated 7 January 2020, 29 December, 2022, and 10 January and 15 March, 2023, the Government indicates that: (i) Mr Barreto Medina applied for a passport on 6 April, 2022, the passport was issued on 12 April and collected on 18 April with the corresponding legalisations; (ii) Mr Barreto Medina left the country with the passport in April 2022 and (iii) by means of Interlocutory Orders Nos 383 and 384 dated 27 October, 2022, the Court of Criminal Appeals of Asunción, Fourth Chamber, declared the study of the general appeals filed by the Public Prosecutor’s Office against the Interlocutory Order that had granted conditional release to Mr Barreto Medina in 2012 and against the Interlocutory Order that had declared the sentence to be null and void in 2014 to be inoperative; (iii) by means of Interlocutory Orders Nos 383 and 384 dated 27 October, 2022, the Court of Criminal Appeals of Asunción, Fourth Chamber, declared that the study of the general appeals that the Public Prosecutor’s Office had filed against the Interlocutory Order that had granted conditional release to Mr Barreto Medina in 2012 and against the Interlocutory Order that had declared the sentence to be null and void in 2014, served no purpose.
- 39. The Government attached a copy of Interlocutory Orders Nos 383 and 384 in which the Court of Appeals recalls that: (i) in 2001, Mr Barreto Medina was sentenced to a term of imprisonment of four years; (ii) by Interlocutory Order dated 20 July, 2012, parole was granted to the convicted person, and a period of probation of two years was set; (iii) since Mr Barreto Medina had complied with the rules of conduct that were imposed when he was granted parole, on 20 July 2014 the Judge decided that the sentence imposed on Mr Barreto Medina should be declared null and void; and (iv) without prejudice to the foregoing, the Court of Appeal of the Fourth Chamber never ruled on the general appeals filed by the Public Prosecutor’s Office against the Interlocutory Orders dated 20 July 2012 and 20 July 2014. In Interlocutory Orders Nos 383 and 384 dated 27 October 2022, the Court of Appeals stated that: (i) Mr Barreto Medina had complied with the rules of conduct imposed on him and the study of the general appeal filed by the Public Prosecutor’s Office against the ruling that had granted conditional release to Mr Barreto Medina in 2012, should be declared to serve no purpose; and (ii) in 2014, the enforcing judge found sufficient grounds to have declared the sentence null and void, for which reason he declared that the study of the general appeal filed by the Public Prosecutor’s Office against the ruling, in which it was decided that the sentence in 2014 was null and void, served no purpose.
- 40. The Committee takes due note of the information provided by the complainant organization and by the Government. The Committee understands that, from the information provided by the Government, it appears that the judicial proceedings concerning Mr Barreto Medina, which had been pending for more than two decades and which the Committee expected to be completed, were finally concluded in October 2022, it having been declared unnecessary to consider the appeals filed by the Public Prosecutor’s Office against the rulings that had granted him conditional release and the sentence to be null and void. While regretting the delay in the application of justice, the Committee expresses its satisfaction that the judicial proceedings concerning Mr Barreto Medina had finally concluded. Based on the foregoing, and pending the necessary notifications in this regard being made to all relevant national authorities and the leader continuing to perform his functions as President of CESITEP without hindrance, the Committee considers that the present case is closed and will not pursue its examination.
