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Large-scale interventions will be needed to get the juveniles who were inmates at
the Center fully reincorporated into society. These children need psychological care
to restore a modicum of self-esteem, in order to rebuild their personalities. They
also need medical treatment for the after-effects of the fires at the Center. They
also need the kind of care that will enable them to go to school or learn a trade, so
that they can be fully reincorporated into society.
In short, they require
comprehensive care, provided by an interdisciplinary team composed of professionals
of various kinds, able to deal with the problems that these children are now having.
The shift away from a system of control by force, exercised by guards, to a model
that uses educators to reshape the personality, is a first step toward improving the
system. Sentences that are alternatives to deprivation of liberty would be one way
to avoid the trauma. When a juvenile is deprived of his liberty, “his conduct is not
changed and he does not learn the difference between right and wrong.”
j)
Expert opinion of Luis Emilio Escobar Faella, former Attorney General
of Paraguay
The witness is a lawyer and served in the judicial branch of government for 25 years.
He was Paraguay’s Attorney General for five years.
The new criminal justice system affords equal access to the accused and to the
victim.
Under the new system, the Public Ministry is in charge of criminal
investigations, as established in the 1992 Constitution.
The new criminal justice system also establishes a criminal court judge and a
separate sentencing court that is a collegiate body versed in the law. In this new
criminal justice system, the fact that a crime is committed by a juvenile becomes a
“mitigating circumstance.” The new Code of Criminal Procedure established a special
proceeding for juveniles, which was to remain in effect until such time as the child
and adolescent code was adopted. We now have that code.
The new Child and Adolescent Code also introduced such concepts as legal counsel
on approval, review of behavior-related measures and, most importantly, a drastic
reduction in the period of time that a child could be sentenced to serve in prison.
Under the new Child and Adolescent Code, the maximum period of confinement to
which a child can be sentenced is eight years. Both the Penal Code and the Child
and Adolescent Code make provision, in many cases, for fines in lieu of deprivation
of liberty. The Penal Code introduces the concept of fines based on number of days,
which takes into account the convicted person’s ability to pay the fine. The Child and
Adolescent Code established a method that has to do with the adolescent’s actual
capacity to pay the fines.
However, these reforms have not been implemented in practice. The old provisions
and the current provisions make it possible for the system to be “completely
undermined” in practice. This is particularly true in the case of juveniles, where
every rule has been violated.
The new Penal Code embodies modern doctrines, emphasizing the human being as
the bearer of all rights and the penal system as the ultima ratio. Under the new
penal system, courts are much more inclined to order alternative measures,
sometimes at the prosecutor’s request, so that preventive imprisonment does not
become –as it was under the old system- punishment before conviction.
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