SUPREME COURT AFFIRMS CONVICTION IN YCUA BOLANOS

UNCLAS ASUNCION 000506 SENSITIVE SIPDIS WHA/FO CMCMULLEN, WHA/BSC MDRUCKER, BFRIEDMAN, MDASCHBACH E.O. 12958: N/A TAGS: PGOV PREL PA SUBJECT: SUPREME COURT AFFIRMS CONVICTION IN YCUA BOLANOS CASE REF: A. A. 04 ASUNCION 982 ¶B. B. 06 ASUNCION 1221 ¶C. C. 07 ASUNCION 80 ¶1. (U) The Supreme Court had the final word August 8 in the Ycua Bolanos court case, five years after the August 1, 2004 fire that killed 374 and injured around 500 others (reftel A). A divided Supreme Court Panel affirmed, by a 2-to-1 vote, a lower court judgment against three co-owners and one employee of the Ycua Bolanos Supermarket (reftels B and C). Wild celebrations by victims and their family members erupted at vigils being held in front of co-owner Juan Paiva,s home and the burned out supermarket building. Victims, groups claim that justice has finally been served. The Supreme Court's decision came shortly after President Lugo participated in a vigil and sent a letter to the Supreme Court urging it to deliver justice. On August 2, Congress also passed a bill condemning the Court's inaction and urging justice for the victims. The lead counsel for the defense, Luis Escobar Faella, said that the Court's decision is a product of political interference in the judiciary. Faella said that the defendants, human rights were violated and that he plans to appeal the case to the Inter-American Court of Human Rights. ¶2. (U) Previously, on February 2, 2008, a lower court (in the second trial of this case) sentenced co-owners Juan Paiva and his son Victor Paiva to 12 and 10 years imprisonment respectively, co-owner Humberto Casaccia to two years and six months and security guard Daniel Areco to five years (reftel C). On September 1, 2008, an Appeals Court held that the second trial against the same defendants was unconstitutional. The Supreme Court August 8 overturned the Appeals Court decision and affirmed the lower's court February 2 decision. Both Paivas and Areco have already served three years and two months in jail. The Paivas will return to jail to complete their sentences and Areco will serve house arrest. It has not yet been decided whether Humberto Casaccia, who has not served jail time, will serve jail time or house arrest. ¶3. (SBU) COMMENT: As arguably the worst tragedy in very recent Paraguayan history, this case consistently dominates news coverage with its developments. The victims enjoy tremendous popular support, as evidenced by presidential and congressional actions on their behalf. The court was under a lot of pressure, especially after public riots which followed earlier convictions on lesser charges. However, given the courts' findings of negligence (as opposed to intentional wrongdoing such as locking the supermarket's doors to avoid looting as was publicly alleged but not proven),the politically-charged legal case looks a little more like vengeance than justice. END COMMENT. Ayalde