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.

Text messaged offered as part of the reports on Belén's mobile phone.

Judicial Operators

This section lists the actors involved in the aforementioned cases.

Belén Whittingslow

Belén Whittingslow

Victim

Belén was a student at the Catholic University of Asunción when she alleges that she was sexually harassed by Mr. Kriskovich. She is currently applying for ...

Cristian Kriskovich

Cristian Kriskovich

Respondent

Professor at the Catholic University of Asunción and member of the Council of the Judiciary since September 2013, reelected in August 2016. Since June 2016,...

Nadine Portillo

Nadine Portillo

Prosecutor

First prosecutor in the case “Cristian Kriskovich on Sexual Harassment”. Based on certain actions, Belén and her lawyer Cuevas requested the recusal of Pros...

Rodolfo Fabián Centurión

Rodolfo Fabián Centurión

Prosecutor

Assumes as prosecutor in the case on sexual harassment following the complaints made against Liz Nadine Portillo. On April 17, 2015, he decided to allow th...

Jorge Sosa

Jorge Sosa

Prosecutor

Ratifies the request by prosecutor Centurion to dismiss the complaint, qualifying the denounced facts as "flirting or courtship”. In said resolution he emph...

Claudia Morys

Claudia Morys

Prosecutor

Files a complaint against Belén in the case “Victor Oviedo et al. on Production of Non-Authentic Document” on June 11, 2015. The prosecutor bases the accus...

Teresa Sosa Laconich

Teresa Sosa Laconich

Prosecutor

Prosecutor who intervenes in the case “Production of Non-Authentic Document”. Ratifies the accusation against Belén. Following the sentence by Judge Lici S...

Julian López

Julian López

Judge

Confirms the request for case dismissal. Sustained the request for initial dismissal through a decision on June 8, 2015.

Paublino Escobar

Paublino Escobar

Deputy Defense Attorney

Belén’s defense made a recusation request alleging partiality since the judge was also a professor at the Catholic University, an institution that was part ...

Alberto Martínez Simón

Alberto Martínez Simón

Court Minister

Judge at the Court that resolves the appeal of the first instance resolution denying the examination of the mobile phones involved. At the time of resolving...

Carlos Escobar

Carlos Escobar

Judge

Judge at the Court that resolves the appeal of the first instance resolution denying the examination of the mobile phones involved. On May 7, 2019, Belén’s ...

Linneo Ynsfrán

Linneo Ynsfrán

Attorney

Incorporated as a member of the sixth district Court of Appeals in the case of compensation for damages against Mr. Kriskovich.

Lici Sánchez

Lici Sánchez

Judge

Judge who decreed Belén's defiance without any legal substantiation, and canceled her defense On June 21, 2019, through A.I. No 625, she issued decreed Be...

Vivian López

Vivian López

Judge

Judge who dismissed the evidence offered by Belén's defense regarding the examination of her cellphone. After the presentation by Belén's lawyers of the br...

Rodrigo Cuevas

Belén's Lawyer

Belén's current lawyer

Martin Barba

Belén's Lawyer

Belén's current lawyer

Alfredo Montanaro

Kriskovich's Lawyer

Belén alleges having been harassed by Defense Attorney Montanaro.

Adrián Salas

Member of the Council of the Judiciary

Member of the Council of the Magistracy. Kriskovich's witness. He testified via written testimony (questions were sent to him to answer in writing)

Enrique Riera

Senator

At the time of giving testimony, he was serving as Minister of Education. Kriskovich's witness. He testified via written testimony (questions were sent to ...

Visualization of court proceedings

This section presents the judicial procedures of the three files that have been mentioned in the previous section. By clicking you can access the documents presented by the defense of Belén as well as the sentences.

2014
File a complaintHarassment Case
2015
Invetigative Report overrideHarassment Case
Denial of complaintHarassment Case
Imputation of BelénCatholic University Case
Confirm dismissalHarassment case
Accusation against BelénCatholic University Case
2016
Demand compensationIndemnification Case
2018
Mobile phone report exclusionIndemnification Case
Dismisses nullityIndemnification Case
2019
Capture warrant against BelénCatholic University Case
2021
Case is presented to the IACHRHarassment Case
2022
The IACHR system registers the case in the registration section and notifies the Paraguayan State to present its observations. At this stage, the Commission will analyze whether or not the case is admissible in CourtHarassment Case
Chaining action of Belen's Mother against the JudiciaryHarassment Case
Unconstitutionality action admissibility by the Supreme CourtHarassment Case
2023
Request for transfer and notification of the admissibility of the action of unconstitutionality to the Prosecutor General's OfficeHarassment Case
The Prosecutor General's Office requests an interruption of the deadline to reply to the unconstitutionality actionHarassment Case
Unconstitutional declarationHarassment Case
Visit from Vatican envoyHarassment Case

Galery

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Strategic litigation

Find out more about the cases of gender violence facilitated by technology that TEDIC has accompanied.

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