88
c)
the fact that the prison system had problems does not imply that there
was any systematic violation of Article 19 of the Convention;
d)
Paraguay’s domestic laws already uphold the principle of the best
interests of the child and all public policies are premised on that principle,
under the supervision of a government agency specialized in formulating and
implementing public policies for the comprehensive care and treatment of
juvenile offenders. That agency is the Office of the Executive Secretary on
Children and Adolescents;
e)
at the beginning, the schedule for recreation time was restricted,
owing to a lack of space and for security reasons, and to avoid fights between
enemy gangs; inmates belonged to their neighborhood gangs;
f)
the Center had a continuing formal education program attended by all
interested inmates, since the State does not have the authority to require the
inmates to pursue their studies. It is untrue that the actions taken to get
certain educational programs implemented and recreational space created
were limited in the wake of the fires; and
g)
the State has limited ways and means to enable it to best respond to
its obligations in the area of comprehensive inmate services.
142. As for Article 4 of the Convention, in relation to Article 1(1) thereof, the State
acknowledged responsibility in the death of Benito Augusto Adorno. It also stated
that:
a)
it complied with its obligation to respect and ensure the right to life of
all the juveniles at the Center and did not violate the right to life, either by
action of omission, of any inmate at the Center, with the exception of
adolescent Benito Augusto Adorno;
b)
it did not violate the right to life of Héctor Ramón Vázquez and Richard
Daniel Martínez, as these two died in fights that broke out between inmates in
the Cellblock for Juveniles at Emboscada. They died as a result of wounds
inflicted by home-made weapons.
The State had provided them with
immediate care and did everything possible to save their lives;
c)
it is impossible to anticipate an inmate riot; all one can do is deal with
the situation and look for the most effective means of alleviating the
consequences of the violence;
d)
the guards risked their lives to help the inmates inside the cellblocks
who were being stricken by the smoke and fire, and all the inmates in
Cellblock No. 8 were aided promptly, without discrimination, and were sent to
emergency centers that would help the alleged victims and hopefully save
their lives;
e)
nine inmates died from burns and smoke inhalation caused by the fire
set in Cellblock No. 8 as a consequence of a riot in February 2000; and
f)
it is not for the State to take responsibility for events caused by
individuals who became alleged victims and alleged authors of a crime in
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