WRITTEN QUESTION No. 1485/98 by Andrea MANZELLA to the Council. Conviction of General Oviedo
Date: 1998-05-14
Institutions: European Parliament, MANZELLA
Subjects: Mercosur, OAS countries, Paraguay, coup d'état, deprivation of rights, diplomatic relations, fact-finding mission, military court, penalty, primary election

C 354/108

EN

Official Journal of the European Communities

19. 11. 98

The  judicial  process  against  Mr  Lino  Oviedo  for  his  abortive  attempt  at  a  coup  d(cid:146)e·tat  in  April  1996  was
conducted first before the military court and then before Paraguay(cid:146)s Supreme Court of Justice, as requested by
the  defence.  The  Supreme  Court  confirmed  the  sentence  passed  by  the  military  court,  which  condemned
Mr Oveido  to  ten  years(cid:146)  imprisonment  and  military  disqualification  and  thus  deprived  him  of  his  civic  and
political rights.

The  interpretation  and  application  of  Paraguay(cid:146)s  democratic  constitution  and  accompanying  legislation  are
within the competence of Paraguay(cid:146)s judges and courts only. They are the sole guarantors of legality and their
decisions are outside the Commission(cid:146)s remit.

(98/C 354/173)

WRITTEN QUESTION E-1485/98

by Andrea Manzella (PSE) to the Council

(14 May 1998)

Subject: Conviction of General Oviedo

With regard to the present situation in Paraguay, can the Council say what views have been expressed and what
moral suasion has been exercised with regard to the current electoral process? There are strong doubts about its
regularity because of the arrest and conviction, under dubious circumstances and without proper guarantees, of
General  Luis  Oviedo,  the  candidate  who  received  the  highest  number  of  votes  in  the  primary  elections,
recognized as legitimate by the competent judicial authority, and is by far the most popular candidate according
to all the opinion polls.

Can it say, in particular, on the basis of the Paraguayan Government(cid:146)s official records, what the charges were,
whether they were well-founded and whether the sentence passed on General Oviedo was in proportion to the
offence?

Answer

(20 July 1998)

1.
Taking  into  account  recent  pre-electoral  events  the  European  Union  held  the  opinion  that,  even  if  the
situation  was  worrying,  it  would  not  be  advisable  for  the  Union  to  issue  a  further  declaration  on  Paraguay,
following  the  declaration  of  19  November  1997  which  stated  the  EU  position.  At  the  same  time,  within  the
framework of normal diplomatic contacts, the Union has conveyed to the Paraguayan authorities the concern
expressed in this declaration. The Union has also been in close contact with the Mercosur Governments. It has
taken  careful  note  of  their  assessments  of  the  Paraguayan  situation  and  continues  to  monitor  the  situation.
Furthermore,  the  EU  has  cofinanced  with  the  Organization  of  America  States  (OAS)  an  observer  electoral
mission in Paraguay.

2.
The  Paraguayan  Supreme  Court  confirmed  in  mid-April  1998  the  sentence  of  the  exceptional  military
tribunal (TME) which condemned General Oviedo to 10 years in prison for an attempted coup in April 1996.

The Council is not in a position to judge whether the charges were well-founded, nor if the sentence was in
proportion to the offence.

(98/C 354/174)

WRITTEN QUESTION E-1486/98

by Rosemarie Wemheuer (PSE) to the Commission

(13 May 1998)

Subject: Commission establishment plan

In  view  of  the  recurring  argument  revolving  around  an  overstaffed  administration  on  the  one  hand  and
overworked staff on the other, I would like to have an overview of the exact establishment plan and distribution
of officials working in and for the Commission. I would therefore ask the Commission to answer the following
questions: