improving its efficiency”. The bill was submitted to the Chamber of Senators three years ago and was subsequently withdrawn and
submitted to the Chamber of Deputies. Recommendations regarding the bill have already been received from the legislation, human
rights, constitutional and justice and labour committees. (A copy of the bill is attached as annex 4: Office of the Public Defender.)
105.In 2007, by means of Act No. 3140, the sum of PYG 27,973,717,088 from the general budget of the Supreme Court was
allocated to the Office of the Public Defender. In financial year 2008, by means of Act No. 3409, the Supreme Court allocated PYG
32,352,785,948 to the Office of the Public Defender. In 2009, the Office was allocated PYG 42,561,853,204.
106.The report of the Paraguayan Human Rights Coordinator (CODEHUPY) highlighted the work of the Office of the Public
Defender: “It is worth noting that the Office of the Public Defender, as a division of the judiciary, represents the hope of the justice
system. There are many individuals who are committed to its success ...” Particular attention is drawn to the work of the Chief Public
Defender and the Deputy Public Defender for Criminal Matters.
Paragraph 312 (c)
107.The chief role of the Public Prosecutor’s Office, conferred upon it by the Constitution, is to exercise the public right of action in
criminal matters. This institution represents society before the judicial organs of the State, and its duties are to:
Ensure respect for constitutional rights and safeguards
Exercise the public right of action to defend the public and social heritage, the environment and other broad-ranging interests, as well
as the rights of indigenous peoples
Initiate criminal proceedings in cases where an application by the interested party is not required in order to bring or continue such
proceedings, without prejudice to cases in which the judge or court proceeds ex officio, as determined by law
Gather information from public officials for the proper discharge of its duties, and
Any other duties and powers established by law
108.In keeping with its institutional policy to respect and protect human rights, the Public Prosecutor’s Office established the Human
Rights Directorate as one of its divisions. The overall objective of the Directorate is to deal with human rights issues in cases or
situations that fall under the authority of the Public Prosecutor’s Office, whether they concern a risk to or an actual violation of such
rights by public officials or other persons working in concert with them, and to carry out preventive efforts. Its duties include
representing the institution in the area of human rights at the national and international levels when so empowered by the AttorneyGeneral, or, if applicable, by the designated deputy prosecutor, and processing inquiries by officials that relate to cases involving
human rights.
109.The foregoing notwithstanding, the Subcommittee on the Prevention of Torture has requested information on how the Public
Prosecutor’s Office discharges its supervisory functions with regard to police stations and prisons. It should be noted that the Public
Prosecutor’s Office does not carry out periodic visits to police stations and prisons as a measure of prevention. Rather, it initiates
criminal proceedings, whether at the instance of the victim or of its own motion, in cases involving punishable offences for which it has
notitia criminis. That is to say, it intervenes once it has taken cognizance of the alleged commission or imminence of a punishable
act, including punishable acts involving human rights violations. It possesses specialized prosecution units that are responsible for
investigating acts that have been brought to their attention.
110.With regard to inspections and the supervision of prisons and police stations, as part of its policy to prevent the commission of
punishable acts that violate human rights, the State of Paraguay, by means of its Constitution, established the position of Ombudsman,
which is defined as “a parliamentary commissioner whose functions consist in safeguarding human rights, channelling claims or reports
from members of the public and protecting community interests. In no circumstances shall the Ombudsman perform judicial or
executive functions”. The duties of the Ombudsman are to:
(1)Receive and investigate reports, complaints and claims concerning human rights violations and other such acts as may be
determined by the Constitution and the law;
(2)Request information for the effective performance of his or her duties from authorities at various levels, including the police and
security forces. The provision of the requested information is mandatory. He or she is entitled to have access to the places where any
such acts are reported to have been perpetrated. The Ombudsman may also act on his or her own initiative;
(3)Publicly censure acts or conduct contrary to human rights principles;
(4)Report annually to the Chambers of Congress on his or her activities;
(5)Draw up and issue reports on those aspects of human rights that, in his or her view, require prompt public attention; and
(6)Carry out such other functions and powers as established by law.
111.The State of Paraguay also established the position of the enforcement judge. In accordance with the Code of Criminal
Procedure promulgated in 1998, enforcement judges have, inter alia, the following duties:
(1)They monitor compliance with the prison regime and respect for the constitutional aims of the penalty; they arrange for inspections
of prison institutions and may summon prisoners or prison administration officials to appear before them for purposes of oversight and
monitoring;