by Bruno Zavala
Paraguayan law is like a den of hungry lions. The executioners, or
judges, were vile, unfair, bias, and prejudice they took innocent people
and fed them to the lions; sometimes only for the price of silence.
Paraguay needed a Daniel, a Daniel that would stop the massacre and show
the king that he was wrong. Daniel came in many forms and movements. In
this case it did not show the king that he was wrong but, destitute the
evil dictator and send him into exile. Paraguayan law started weak after
a harsh dictatorship but is regaining strength and respect over the
years.
The law
system in Paraguay was weak primarily due to unbalanced powers mostly
held by the dictator Alfredo Stroessner. The primary problem was the
lack of respect for human rights; it was a violation of the constitution
like it is seen done in various occasions throughout Paraguay’s history.
Article five of the Paraguayan constitution defends the human rights; it
protects the citizens against torture, or inhumane treatment (CAT).
Bernardo Rojas was a political prisoner in the jail ¨comisaria primera¨
he was tortured psychologically as the police showed him the news paper
in which his wife was announced dead, they told him she had committed
suicide, two years later he found out she was killed in the prison camp,
Emboscada (Almada Martin, 34). There were other attempts against
Paraguayan freedom that was in the form of limitation of the speech,
which hid all the dark aspects of the evil dictatorship. Article 72 of
the Paraguayan constitution protects freedom of speech (OEA). Article 72
was again clearly violated and the constitution was once again stepped
on during the Stroessner era. It was vital for him to keep the people
ignorant or his inevitable destitution was going to occur faster than
planned. It was hard to keep the crowds quiet, for example the
resistance in the National University of Medicine was gaining popularity
as people like Filizzola were being persecuted beat up, and put in jail
for undetermined periods of time, just for speaking the truth about the
country’s situation. The reason for the main problem being unbalanced
power is because Alfredo Stroessner was the man in charge he did what he
pleased with the constitution and all the court systems, if you were not
on the right side you loss, thus why it was not until 1989 when he
fell, that powers were once again stable. Stroessner changed the
constitution established in 1940 on 1977 to stay in power he amended the
article stating that no president can’t be re-elected on two consecutive
terms. He changed the constitution to make re-election legal and being
in charge of the army made sure everyone voted for him. Thus was the way
Stroessner stayed in power for 35 years. Not the only ¨detail changed¨
in the constitution he changed article 40 and 41 which limit executive
powers, making him all powerful, he gave his close friends all the
higher charges in the government. This ¨ring of fire¨ created by him
made it almost impossible to break into the system. Almost impossible to
break, because in 1989 the cup d´ etat those once and for all send him
into exile balanced powers once again.
A an
uncertain time came for Paraguay after the coup d´etat, Rodriguez took
power and had to transition the judicial system, and then passed on the
task democratically to Wasmosy as he was the first democratically
elected president after the dictatorship. A lot of responsibilities and
powers fell on Rodriguez’s shoulders, it was tempting for him to not do
the same as his foe, but he had an angry, eager nation waiting on his
decisions. There were main issues set up by the organization of
American states to combat the post Stroessner problems. The first issue
was to create an election law once again, since it was not in use for 35
years (OEA). Then were also the lack of an independent, effective,
judicial system. On 17, may 1990 the organization of American states
came to evaluate Paraguay. Although the head was gone it was still
dangerous to deal with the snake “pockets of resistance to democracy and
to a government of law” were left over of the dictatorship that still
did as they pleased, some even continue until this date. It was
Wasmosy´s turn to try to normalize the new democratic judicial system.
.Some people claim he is the man that single- handed stole most money
becoming one of the few Paraguayan billionaires. Although that is up to
debate, Wasmosy had various curious moments in his presidency. There is
the claim that he faked Lino Oviedo conspiracy to have him thrown of the
country in fear that he would be the next president (la persecusion). A
lot of swindling, lying, and deceiving took place in Paraguay in this
time. No one knows for sure what happened but again the judicial system
was not working how it was supposed to, impartial and transparently.
President Wasmosy had Lino Oviedo arrested twice, the second time when
it was about time to choose a leader for the Presidency. Justice was
trying to persist when a judge gave an Habeas Corpus to protect Lino
Oviedo. All the judges in favour of Lino were destitute and some even
put into prison (la persecusion). With all the set backs possible, a
Lino representative wins the elections democratically and Wasmosy passed
on the power to Raul Cubas. Raul Cubas did not have much time to do
anything, blamed for the assassination of Luis Maria Argaña, which is
also very curious; Cubas and Oviedo were sent to exile (CIDOB).
The
Paraguayan Judicial branch is finally settling down and taking decisive
actions , actions that are really fair to catch the people who before
walked away with their crime and lurked among the innocent, pathetic.
It’s been a long way since the first time the constitution was stepped
on, but it does not mean it can not happen again. Nicanor Duartes Frutos,
current president of Paraguay, tried to ¨amend¨ the constitution to let
him hold more that one charge as a president, this would let him be
president of the ANR, which means that he can run for president again.
It seemed impossible to stop Nicanor as he got together with his Friends
in the Court of Justice to plan his next move. This time the people got
together to prevent a ¨new dictator¨ and started a manifestation in the
same plaza were ¨marzo paraguayo¨ occurred. Thousands of people came and
the president was encouraged to no longer try and do something funky (linea
capital). Some are lucky to get away like the president Wasmosy although
it is not as bad as 16 years ago. The president Juan Carlos Wasmosy was
tried and declared guilty and ordered to serve four years of prison. His
team appealed and his case was held in the limbo since, although he got
away from jail, this big fish can’t leave Paraguay (NIEKE). The
prosecutors are waiting for more evidence to put him behind the bars. A
less fortunate candidate is moments away of getting his private room in
tacumbu, as the soul prove that Paraguay has hope of Justice, an ex
president, Luis Angel Gonzalez Machi, is going to jail for fraud. He
has been accused and for the most part proved guilty of the ¨re-
positioning¨ of 16 million dollars. The 16 million could not be found or
explained missing and were traced to a bank in the US that is there for
¨alto rendimiento¨. He declares his innocence and claims to know nothing
of the issue. There are other hard to explain accounts in Switzerland,
and a stolen car from Brazil (la nacion).
It is
clear then how Paraguayan law started weak after a harsh dictatorship
but is regaining strength and respect over the years. All the Stroessner
bloodsuckers that got away with mere exile but a fortune on their hands.
All the injustices committed that in many cases just help the rich and
blame the poor. But the situation is changing and the fact that one of
the big pigs is know going to jail is a light for the dark reign of
injustices. It is clear that the Paraguayan justice is gaining authority
to judge everyone fairly unlike 50 years ago.

Works Cited
Almada, Martin. PARAGUAY: LA CARCEL OLVIDADA. Buenos aires:
Ediciones Antequera, 1988
¨Biographia de lideres politicos¨ CIDOB.
Last updated 2001.Visited 07/06/06
http://www.cidob.org/bios/castellano/lideres/c-062.htm
¨Biographia
de lideres politicos¨ CIDOB. last updated 2001. Visited 07/06/06
http://www.cidob.org/bios/castellano/lideres/w-012.htm
¨ STRUCTURE OF THE STATE AND LEGAL
REGULATION OF HUMAN RIGHTS ¨. Organization of American States (OEA).
Visited 05/06/06 http://www.cidh.oas.org/annualrep/89.90eng/chap4f.htm
¨
ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION
ON
HUMAN RIGHTS 1989-1990¨ Organization
of American States (OEA). Visited 05/06/06 http://www.cidh.oas.org/countryrep/Paraguay87eng/chap.1.htm
¨committee against torture (cat) ¨. Office of High
Commissioner for Human Rights. Last updated 1996. Visited 05/06/06
http://193.194.138.190/tbs/doc.nsf/(Symbol)/3d151c38b414b49d802565a30056e976?Opendocument
¨la Persecusion¨. Biographia. Updated June 2006.
Visited june 2006-06-10. http://www.oviedolinocesar.com/biograf.htm
¨Fiscala urge a la Corte para que condene a Wasmosy¨.
NIEKE. Last updated 07-Abr-2006. visited
05/06/06 http://www.neike.com.py/pls/wow/neike2.detalle?icontenido=161616
¨Paraguay: seis años de prisión para González Machi por
corrupción¨. La Nacion. Last updated 05/06/06, visted 05/06/06 http://www.lanacion.com.ar/exterior/nota.asp?nota_id=812198&origen=rss
¨Paraguayos se manifestaron contra Nicanor en
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