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Paraguay¹⁵

Democratic governments in Paraguay have been few, short-lived and far between. For most of the second half of the twentieth century its small population was subject to the authoritarian rule of General Alfredo Stroessner, whose thirty-five years in power were marked by routine and horrific human rights abuse. Detention and torture of large numbers of people was common, while it is believed that fourteen people were killed and thirty-three disappeared by state agents between 1976 and 1989. Despite repeated elections and the existence of a parliament, the forms of democracy remained a sham, and the political, social and economic discrimination against non-members of Stroessner's Colorado Party was systematic.

In February 1989, Stroessner was overthrown in a military coup, precipitated by a dispute between different factions of the Colorado Party over who would succeed him. Despite replacing Stroessner with General Andrés Rodríguez, his formerly close associate, the coup did not alter the existing alliance between the military, the Colorado Party and an army strongman as president: the armed forces remain the power behind the throne. Nevertheless, upon assuming office, Rodríguez assumed an image of support for human rights. He announced that: "My government is committed to respecting human rights, such as they are written in God's law, in our consciences and in the Universal Declaration, which should be learnt by heart in elementary schools. ... All those who have committed crimes against human rights will be sanctioned." The Paraguayan press celebrated Stroessner's overthrow with extensive coverage of past human rights abuses (though Rodríguez' own past, including involvement in the narcotics trade, was left unexamined). Elections were held three months after the coup, in which Rodríguez won 70% of the vote (opposition candidates protested at the lack of opportunity to organize, and at the use of electoral rolls from Stroessner's time).

The newly-elected House of Deputies and Senate immediately passed resolutions creating human rights commissions led by former human rights leaders. The Deputies called on the Attorney-General to "initiate trials in all the cases involving torture, illegal punishments, disappearances, and similar crimes, in order that the facts be investigated and those directly responsible, their accomplices or those that engaged in cover-ups be duly punished." Within several months, however, it was clear that the executive branch would not cooperate with the supply of information; moreover, repeated attempts to expand the powers of the commissions were vetoed by the president.¹⁶ Nevertheless, the commissions continued to hear denunciations, and organized visits around the country to confirm the reports. They pressed the Attorney-General to initiate court cases, and, when he clearly opposed trials, finally forced him to resign. However, no report comparable to those produced in Argentina and Chile has been produced.

Public interest in the details of repression under Stroessner surged in the months following the coup, but demands for truth-telling and for justice have since subsided. Several factors have contributed to the diminishing public demand for accountability, including the sense of gratitude to Rodríguez and the military for ridding the country of Stroessner, the continued political influence of the armed forces and the fear that increased demands for accountability could provoke a return to dictatorship. In addition, Paraguay has adopted the concept of "national reconciliation," although in a different sense from the rest of Latin America, denoting the call by the Catholic Church for reconciliation between the Colorado Party and the rest of society. Although Paraguay was unusual among Latin American countries in not granting any form of pardon or amnesty to the perpetrators of past abuses, cases that were brought to court became bogged down in arguments over applicable limitation periods. By 1992 only 17 cases, of the 54 which had been presented before Paraguayan courts, were still recognized by the Attorney-General as ongoing.

Nevertheless, on May 21, 1992, four high-ranking police officers were convicted of the torture and murder in 1976 of Mario Raúl Schaerer, a political detainee, and sentenced to the maximum 25 years imprisonment. A retired army general convicted of participating in the cover-up of the same case was sentenced to five years. Although there is a risk that the case may be overturned on appeal, the decision has been hailed as a breakthrough that could provide an important precedent in Paraguay and elsewhere.

Various factors contributed to this success for the human rights community. Perhaps most importantly, there has been a continued international focus on the issue of accountability; in particular, and unusually, from the United States. Moreover, in Paraguay the continued power of the military is not an obstacle to justice to the same extent as it has been in other Latin American countries: since most abuses were carried out by the police, the army has been able to disclaim responsibility, and has not felt institutionally threatened to the same extent by prosecutions. Only two retired army officers have been indicted in trials concerning human rights violations, and the jailing of the police officers may have been regarded as a relatively painless "sacrifice" to the idea of accountability.

Unexpectedly, Paraguay has become the only Latin American country other than Argentina to obtain a conviction of high-level officials responsible for the torture and death of a political prisoner. Although other aspects of the current human rights situation in Paraguay remain extremely concerning, such as continued torture in police precincts, there is now a hope built on the idea that the Schaerer case "did not belong only to Mario's family and friends, but has been and will continue to belong to a Paraguayan society that is seeking the reign of justice, so that citizens will never again be tortured at police headquarters."¹⁷