139
the State should make deprivation of liberty a measure reserved for
exceptional cases and a last resort;
c)
to implement programs that make a clear distinction between the
innocent and the convicted; when depriving juveniles of their liberty, take into
account their status as minors;
d)
to build centers like the Itauguá and La Salle facilities, that are not
overpopulated and are suitable for housing inmates;
e)
as an urgent measure, to immediately segregate children and
adolescents currently in adult prisons;
f)
to create a special legal aid fund to handle the court cases of children
and adolescents and endowed with the authority and resources necessary to
stage their legal defense;
g)
to review all trials prosecuted against the victims who were interned in
the center, pursuant to Article 249, paragraphs b) and c) of the Child and
Adolescent Code that recently entered into force; to report the findings of that
review within six months’ time; and
h)
to investigate, try and punish those prison officials and personnel who,
by action or omission, allowed or enabled the three fires, and those officials
and personnel who designed, implemented and enforced the institutional
policy that allowed children and adolescents to be held at the center under
inhumane conditions.
Pleadings of the representatives
312. The representatives asserted that the measures of satisfaction and
guarantees of non-repetition are especially relevant, given the circumstances and
seriousness of the instant case. They therefore petitioned the Court to order that the
State:
a)
adapt the entire system for depriving children and adolescents of their
liberty to fit the Convention’s requirements. They stated that while the new
code represents significant progress, it still does not fully meet international
standards. The representatives therefore asked that the State set up an
arrangement, in partnership with civil society organizations and experts on
the subject, to study both the current laws and practices and to propose the
necessary changes to create a system that is fully consistent with
international standards;
b)
build juvenile Reeducation Institutes that fit internationally recognized
standards;
c)
implement proper programs in juvenile Reeducation Institutes;
d)
separate those awaiting or standing trial from those already convicted;
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents