On information and belief, Joelito Filartiga was tor tured and murdered by the defendant and others in retaliation for the political activities and opinions of his father. Dr. Filartiga filed a lawsuit against the defendant Pena and the Paraguavan police for the murder of his son. Judge Rojas Via has unduly delayed the Filartiga case in the courts, and no relief can be obtained, as the Paraguayan judiciary is an appendage of the executive branch. On information and belief, defendant Pena has been living in Brooklvn, New York for the last nine months. He was ordered deported on April 5, 1979.
Plaintiffs repeat and reallege each and every allegation above as if fully set forth herein.
As a result of the acts of defendant Pena, the deceased sustained pain and suffering and bodily injuries causing death. At the time of these acts, the deceased was in good health and physical condition. As a result of these acts, plaintiffs incurred damages by reason of decedent's wrongful death. As a result of the deliberate confrontation of plaintiff Dolly Filartiga with the tortured body of her brother, she suffered emotional pain and suffering. As a result of the unlawful sentencing and jailing of Dolly Filartiga, she suffered deprivarion of liberty and emotional pain and suffering.