SUSPECT COURT RULING SPARKS OUTRAGE AND VIOLENCE

C O N F I D E N T I A L ASUNCION 001221

SIPDIS

SIPDIS

CA/OCS/WHA FOR SHIRLEY CRAWFORD

E.O. 12958: DECL: 12/06/2026
TAGS: PHUM ASEC PINS SNAR KCRM PA
SUBJECT: SUSPECT COURT RULING SPARKS OUTRAGE AND VIOLENCE

REF: 04 ASUNCION 1099 AND PRECEDING

Classified By: Michael J. Fitzpatrick, CDA a.i.. Reasons: 1.4 (C and D
)


1. (U) SUMMARY: A court decision to convict of manslaughter
the owners of a supermarket in which 350-plus perished in a
fire -- vice the murder charges most Paraguayans clearly
sought -- prompted December 5 the worst rioting Asuncion has
seen since 1999 riots toppled then-President Cubas. Violence
immediately erupted in the court room as the judges read the
verdict. The protests rapidly spread to the streets, as
initial protests by survivors and/or family members were
overtaken by larger street protests of mostly young males
hurling rocks and molotovs at the police and (mostly
targeted) ransacking of other supermarkets. The government
and opposition called (unsuccessfully) for calm, as they
moved to sack the judges, annul the ruling and seek a
retrial. Police clashed with the protesters, leaving dozens
hurt and scores arrested. Though shaken, the Duarte
government has now been put on notice by an increasingly
on-edge populace. END SUMMARY.


2. (U) After two years of simmering controversy and anger,
the Ycua Bolanos trial has overheated. The owners of the
Ycua Bolanos Supermarket, Juan Pio Paiva and Victor Daniel
Paiva, and security guard Daniel Areco were sentenced
December 5 to five years each for their involvement in the
deaths of more than 350 persons on August 1, 2004. (NOTE:
The defendants were originally charged with first-degree
murder, serious bodily harm, and other charges for having
ordered the supermarket guards to lock the supermarket gates
to prevent looting, leaving the customers to perish inside,
as the supermarket was overcome with fire and deadly smoke.
Two of the three judges found them guilty of the lesser
charge of manslaughter and issued the lighter sentences. END
NOTE).


3. (U) As the court verdict was read (in a sports pavilion,
to accommodate the press of public and family interest),
outraged victims and/or their families began hurling tables
and chairs at the judges and police. The violent reaction
quickly spilled into the streets and lasted until well into
the evening (only to be dampened by rains). Protesters
looted and trashed another (former) Ycua Bolanos supermarket,
attempted to set fire to the Paiva family home, destroyed
vehicles and police kiosks. Many drew unfavorable comparisons
based on class and wealth between the 5-year sentences in a
case involving 350 deaths with last week's sentences of up to
35 years for those (of more humble origins) involved in the
kidnapping and murder of former President Cubas' daughter.
For many, the protests quickly moved beyond the court ruling,
however, as protesters called for the government's ouster and
the correction of various and sundry injustices. As masked
protesters hurled rocks, the police were often reduced to
hurling rocks back in running street battles. Mounted
police, water cannon trucks, tear gas and rubber bullets were
also employed. More than 52 civilians and 16 police officers
were injured in the clashes. Police arrested nearly 80
protesters (NOTE: This is the second time in the past few
days in which police have violently clashed with protesters.
Last week, healthcare workers demonstrated against the
proposed budget cuts in front of Congress. Other recent
protests have seen university students and campesino groups
striking -- as well as supporters of jailed coup-leader
General Oviedo crucifying themselves on crosses outside of
Congress. Healthworkers demonstrated again today, only to
have their march turn festive, when the lower House suddenly
voted to give in to their demands. The city's larger mood,
however, remains tense, and the populace resentful, if not
angry. END NOTE).


4. (SBU) Attorney General Ruben Candia and prosecutor of the
case Edgar Sanchez announced several hours later their
requests for the recusal of Judges Manuel Aguirre and Elio
Ruben Ovelar from the trial and to have the verdict annulled.
Sanchez stated his belief that the decision was a farce and
insinuated the judges had been influenced. (There had been
public reports previously they had asked USD 300,000 to swing
the verdict.) Political figures have also weighed in, roundly
denouncing the courts decision. Party leaderships caucused
well into the night. President Duarte supported Candia's
statements and publicly called for calm, noting the military
had been ordered to "stand by" in support of the police (but
they were not ever called out directly into the streets).
Likely opposition presidential candidate Monsignor Lugo waded
directly into the street battles and directly appealed to the
rioters for peace and calm and time for the ruling to be
reversed -- only to have his bullhorned entreaties ignored.
Several Supreme Court justices also commented on the verdict
and indicated their desire to see the decision reversed.


5. (C) COMMENT: Victim frustration and the visceral response
to this ruling exemplify the lack of faith much of the
population has in the Paraguayan justice system. The
judiciary has once again proven itself incapable of dealing
with high-profile cases in a manner that does not arouse
suspicions of impropriety. In addition, political and
judicial figures have made it clear their intention to "right
the wrong decision" regardless of the legal facts (which may,
or may not, have supported a manslaughter conviction).
President Duarte and his closest associates moved quickly to
get out in front of this protest, if only to blunt the rage
against them. Such a move, however, sets the tone for future
cases when the public does not believe a decision is just,
they can just start (or just threaten) a riot and force a
change in policy -- or policymakers. The health workers
protest today is just such a case in point. END COMMENT.
FITZPATRICK