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Paraguay: Court upholds rejection of compensation for sole survivor of military plane crash

Paraguay: Court upholds rejection of compensation for sole survivor of military plane crash

From ABC Color · (5d ago) Spanish Critical tone

Translated from Spanish, summarized and contextualized by DistantNews.

TLDR

  • A Paraguayan appeals court upheld a decision rejecting a G. 16 billion compensation claim filed by the family of José Zavan.
  • Zavan was the sole survivor of a 2021 Paraguayan Air Force plane crash and suffered severe injuries.
  • The court sided with the State's argument that the lawsuit was filed after the statute of limitations expired.

In a deeply disappointing turn of events for the Zavan family, Paraguay's justice system has once again failed to deliver accountability. An appeals court has confirmed the rejection of their claim for 16 billion Paraguayan guaraníes, compensation sought for the severe, life-altering injuries sustained by José Zavan, the sole survivor of a tragic 2021 air force plane crash. Blanca Vaccari, José's mother, expressed a resigned acceptance of the ruling, stating that the family had anticipated such an outcome, given the State's persistent refusal to accept responsibility.

It was the least we expected, as we hear almost daily in the news how our justice system works, but it was what we expected, because prompt justice does not exist in our country.

— Blanca VaccariMother of José Zavan, expressing resignation and disappointment with the court's decision.

The legal battle centered on a claim that the Paraguayan state should be held liable for the accident that left the 24-year-old Zavan with limited motor function. The Cessna 402 aircraft, belonging to the Paraguayan Air Force, crashed shortly after takeoff from Fuerte Olimpo, tragically killing seven others on board. Zavan's survival was nothing short of miraculous, but his recovery has been a long and arduous journey, necessitating significant ongoing care.

José Zavan still has limited motor capacity due to the air accident that occurred on February 9, 2021, from which he was the sole survivor.

Describing the lasting impact of the accident on José Zavan.

However, the Procuraduría General del Estado successfully argued that the lawsuit was filed beyond the one-year statute of limitations following the accident. The court accepted this defense, effectively barring the family's claim despite the devastating consequences of the crash. This decision underscores a systemic issue within Paraguay's legal framework, where procedural technicalities can overshadow substantive justice, leaving victims and their families without recourse. As Vaccari lamented, "It was the least we expected, as we hear almost daily in the news how our justice system works, but it was what we expected, because prompt justice does not exist in our country."

The State was notified of the action only on February 21, 2023, more than 2 years and 12 days after the air accident.

— Procuraduría General del EstadoArguing that the lawsuit was filed outside the statute of limitations.
DistantNews Editorial

Originally published by ABC Color in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.