communication dated June 7, 1976, denounced the detention of Mrs. Aída
Angélica Ortíz in Asunción, together with her eleven-month old baby
girl, Aída Alejandra, around mid-March of 1976;
to the denunciation, Mrs. Ortíz is being held incommunicado under
subhuman conditions and the whereabouts and fate of her child are
to the claimant, at the time of her detention, Mrs. Ortíz was under
strict medical care for chronic asthma, a cardiac condition, a change in
the nervous system and liver problems, and thus, her life was in
a cable dated August 12, 1976, the Commission transmitted to the
Government of Paraguay the pertinent parts of the denunciation and
requested that it provide the appropriate information (Article 42 of the
a cable dated November 5, 1976, the IACHR repeated its request for
information to the Government of Paraguay;
the length of time that has elapsed, the Government of Paraguay has not
provided any information, and
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.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. In application
of Article 51.1 of the Regulations, to presume the events denounced to
2. 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 protection for the family (Article VI); of the right to protection
for children (Article VIII); of the right to a fair trial (Article
XVIII); of the right of protection from arbitrary arrest (Article XXV),
and of the right to due process of law (Article XXVI).
3. To recommend to
the Government that it immediately releases Mrs. Ortíz and her daughter
4. To recommend to
the Government that it punish, in accordance with its laws, those
responsible for the events denounced and that within sixty days it
inform the Commission of the measures taken.
5. To forward this
resolution to the Government of Paraguay and to the claimant.
6. To include this
resolution in its Annual Report to the General Assembly of the
Organization (Article 9 (bis), c, iii. of the Statute).
at the 522nd meeting, May 13, 1977 (41st Session)
and forwarded to the Government of Paraguay on May 27, 1977.