Source: Voces: Boletin Informativo de la CODEHUPY 4(1) January-March 2004

Translated by D. Schenck-Hamlin and N. Ossar

In Search of Truth and Justice: Coordination Board for Assistance to

the Commission of Truth and Justice

Once again, several organizations have initiated work to help constitute a Truth and Justice Commission in Paraguay. To this end, on February 3 [2004] , the National Assembly enacted legislation known as Law 2225. On March 15, the Organization of the Civil Society designated seven representatives for the Commission of Truth and Justice.

From the opening of democracy in 1989, there has been a succession of advances in human rights. In that same year, the Pact of Jan José was ratified, and in 1990 the American Convention for the Prevention and Sanctions Against Torture was enacted. The National Constitution of 1992 recognizes and guarantees all of the rights in international treaties and conventions. The Archive of Terror was discovered on December 22, 1992 through the persistent struggle of one of its victims, Martin Almada. Other police archives have been added to this one.

With these discoveries, all that which victims and their families had known, but which they had been unable to investigate, was brought to light. Thousands of documents that tell of violations and persons responsible for those actions, as well as others that relate the everyday life of citizens in the most intimate detail, illustrate all that the regime was capable of in order to maintain control. Today documents are available that show evidence of the Doctrine of National Security and Operation Condor, which produced thousands of victims throughout Latin America.

Despite this avalanche of evidence, the movement against impunity still waits for its concerns to be taken seriously.

The Law of Reparation of Victims of the Dictatorship, also initiated by survivors, was enacted in the year 1996, but was stalled until the 2000 naming of a Public Defender, and even now this law awaits implementation.

What must be done to prevent a recurrence?

With the opening of democracy, the entire society applied itself to the construction of a different Paraguay – democratic, egalitarian, as defined in the Constitution: a social state based on rights. Only a few voices demanded “No more impunity”.

Although we were not listening, these few voices did not permit us to forget, but are keeping the memory alive. Today at 15 years since the end of the dictatorship, we run the risk of again committing those same errors, and these voices are asserting themselves with greater strength. It is necessary to face the past, uncover what became of those who disappeared, and to answer the questions “What happened, Why did it happen, and What should we do to prevent a recurrence?”

Survivors and defenders of human rights are overcoming their sorrow and emotion, and are searching for the path to justice, not vengeance. The Commission of Truth and Justice is the answer they are seeking. This will permit them to have their memory acknowledged, and will apply the healing balm of societal and official recognition to their injury. This reparation is necessary in order for forgiveness to have any real meaning.

Despite some important milestones on the path to truth and justice, such as the Law of Indemnity and the discovery of the archives, none of these achievements has been capable of meeting the actual needs of thousands of victims, perhaps because it was never believed that over 34 years, a low-profile war was sustained which had as its ultimate goal the elimination of all opposition and imposition of conformity.

No other choice remains in society but to mobilize and work to fulfill our obligation to the community on behalf of the unfortunate. For this, the Coordination Board of Initiatives for the Year of Remembrance of Historical Memory and Archives of Repression (Mesa Coordinadora de Iniciativas del Año de la Memoria Histórica y Archivos de la Represión) was created, made up of the Center for Documentation and Archive of the Supreme Court (Centro de Documentación y Archivo de la Corte Suprema de Justícia), the National Commission of Human Rights & End to State Terror (Comisión Nacional de Derechos Humanos y Nunca Más al Terrorismo de Estado); the Ecumenical Committee for Emergency Assistance (Comite de Iglesias para Ayudas de Emergencia); the Coordinators of Human Rights of Paraguay (Coordinadora de Derechos Humanos del Paraguay); the Celestina Pérez de Almada Foundation (Fundación Celestina Pérez de Almada); the National Movement of Victims of the Storessner Dictatorship (Movimiento Nacional de Victimas de la Dictadura Stronista); the Union of Paraguayan Journalists (Sindicato de Periodistas del Paraguay); the Court of Ethics Against Impunity (Tribunal Etico contra la Impunidad); and the National Catholic University of Asunción (la Universidad Católica Ntra. Sra. de la Asunción).

This Board has proposed as objectives that 2003 be declared the Year of Historic Memory; that a Museum of Remembrance be created, and the creation of a Commission of Truth and Justice. As a coordinating board, we have worked throughout 2003 on recapturing historic memory, providing talks and meetings in the capital and in the country’s interior.

Among these activities is a mobile museum, which we hope in future will be converted into the Museum of Remembrance. There has been work on the direction of human rights in the executive and legislative branches of government, finally resulting in the Commission of Truth and Justice by means of the national law known as 2225/03.

Reasons for a Commission of Truth and Justice

The experiences of commissions of truth and justice demonstrate that they are the most adequate mechanism for reforming the powers of the state in the context of a democratic society.

The Commission permits society to have a view of itself, its strengths and weaknesses. It is a time for profound questioning. It is a moment in the existence of a community that requires the courage to look backward, reflect on what happened, to understand why the state would abdicate its obligation to protect its citizens, and to look for means and remedies that would prevent these lamentable events from occurring again.

For this reason, it is also a time for change and for action. This moment is so crucial because the experience of other countries shows that none are the same. Not only does the official history change, but it produces changes in the culture of a community. Initially, the contradictions deepen while the truth grows, and the realization is established that justice will have another chance.

Real possibilities are open for constructing a more just and supportive society. It is not easy. It is an activity that demands the greatest courage of its participants, of the government, and of society. The Commission, in its relationship to the victims and to national and international civil society, produces outcomes to destroy historical, ethical, and political impunity, and to trace the way to overcoming judicial impunity.

And even this is insufficient, because reconciliation is required to construct justice and peace. True justice will be produced with the acknowledgement of those acts, the sorrow they incur, and the reparations of damages caused, not only through the recognition of the truth and condemnation of those guilty. It is also necessary to compensate for damages; only in this way will a pardon be operable and a reconciliation genuine.

Law 838 has been awaiting implementation since 1996. The victims have been longing for reparations since 1989. The moment for doing justice and complying with the rights of victims has arrived.

Appointment of the Commissioners

The Coordination Board for Assistance to the Commission of Truth and Justice carried out its appointment of seven members, composed of the Commission for a Civil Society. Henry Jackelen, the resident representative of the United Nations Program, participated in the activity.

Commissioners designated by the Organizations of Victims are : Monseñor Mario Melanio Medina, Miguel Angel Aquino, Luis Casabianca, Judith Rolón; Those designated by the Civil Society are: Margarita Durán Estragó, Jorge Rolón Luna, Juan Díaz Bordenave. In addition, supplementary candidates were designated (in alphabetical order): Herbierto Alegre, Julio César Cardozo, Carlos Portillo Victor-jacinto Flecha, Ausberto Rodriguez, Guido Rodriguez Zucolillo ad Raquel Talavera.

The criteria taken into account for the election of commissioners were: a recognized ethical career with prestige and legitimacy in society, recognition for their defense of democracy and institutional integrity, and known dedication to human rights during the periods of dictatorship. Also taken into account was the capability to work full time on the task, experience working in teams (with interdisciplinary groups) moving throughout the interior of the country, ability to initiate the task at this time, and linguistic abilities with Guarani.

The next step to finalize this process is the appointment of representatives by the

Executive and Parlimentary powers, and ultimately the final selection and installation of the Commission by the President of the Republic (Article 7, Law 2225).