Case Summary
The events reported by Belén date back to 2013, where she claimed that during her time as a student of Cristian Kriskovich, he sexually harassed her through messages and images sent through WhatsApp [3].
Despite having ordered a report and investigation of the mobile phones - the case's main evidence supporting Belén's claim - the investigation ceased and the case was dismissed after documentation on behalf of the defense of Mr. Kriskovich was presented to the prosecutor [4].
Such decision was ratified by the deputy prosecutor, who considered that the actions of Mr. Kriskovich did not constitute sexual harassment, categorizing it as "romancing and courtship" [5] in a contra legem resolution. This is how, in this process, the Public Ministry completely rejected Belén's responses clearly indicating her opposition and rejection of the type of exchanges tainted with gender bias and the clear avoidance of the analysis of the position of power held by Mr. Kriskovich [6].
After the cases' dismissal, Belén was involved in two legal proceedings against her, which continue to date. Belén was accused of being part of a criminal case investigated at her university regarding the "production of non-authentic documentation" [7] and as defendant in the civil sphere where she was sued by Mr. Kriskovich for compensation for damages in which he claims the payment of USD 450,000 [8].
In both legal processes, Belén has offered the reports of mobile phones as proof of the alleged sexual harassment and the connection with the subsequent processes. This offer was denied in both cases. Within the former case presented (involving the alleged "production of non-authentic documentation") a resolution has been issued declaring Belén's rebellion, ordering her capture, and canceling her defense, and ordering the removal of her lawyers from the computer system granting access to files, without any legal grounds [9]. An unconstitutionality action was presented before the aforementioned actions, which has not been resolved to date.
Faced with the fear caused by the inconsistency of the justice system in Paraguay, the possibility of an arrest, and her vulnerable position, Belén is now in Uruguay where she has submitted a refugee status request. Her wish is not to evade the proceedings against her, but to have the necessary guarantees that she will be able to have an oral trial with full access to her legal defense and full compliance of her human rights.
The Inter-American Commission on Human Rights (IACHR) has become aware of Belén's case in 2019. This has been possible through a joint action between TEDIC, CEJIL and Belén's family who have send a Letter Article 41 requesting information from Paraguay on the measures adopted within her case.
[3] Case No. 8830/2014, titled “Cristian Kriskovich on Sexual Harassment”.
[4] Resolution No. 9 of April 23, 2015, issued by the prosecutor Centurión, Case No. 8830/2014.
[5] Opinion No. 735, delivered by the deputy prosecutor Jorge Sosa, folios 4 and 5, Case No. 8830/2014.
[6] Opinion No. 735 of June 1, 2015, issued by the deputy prosecutor Jorge Sosa, Case No. 8830/2014.
[7] Case No. 2882/14 titled "Víctor David Arce Y otros S / Production of Non-Authentic Documents"
[8] Case No. 445/2016 titled "Cristian Daniel Kriskovich de Vargas c/ María Belén Whittingslow Castañé s/ indemnización de daños y perjuicios por responsabilidad extracontractual.”
[9] A.I N ° 625 of June 21, 2019, Case N ° 2882/14.
