VZCZCXYZ0000
OO RUEHWEB

DE RUEHAC #0506 2222030
ZNR UUUUU ZZH
O 102030Z AUG 09
FM AMEMBASSY ASUNCION
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8044
INFO RUCNMER/MERCOSUR COLLECTIVE
RUEAWJB/DEPT OF JUSTICE WASHDC
RHEHNCS/NSC WASHDC
RHMFISS/HQ USSOUTHCOM MIAMI FL
RHMFISS/USSOCOM MACDILL AFB FL

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