REPORT No. 377/20 CASE 13.399 REPORT ON THE MERITS ARNALDO JAVIER CÓRDOBA AND D. PARAGUAY December 15, 2020 I. INTRODUCTION 1. On January 30, 2009, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission,” “the Commission,” or “the IACHR”) received a petition lodged by a petitioner whose identity is confidential (hereinafter “the petitioner”) alleging the international responsibility of the Republic of Paraguay (hereinafter “the State,” “the Paraguayan State,” or “Paraguay”) to the detriment of alleged victims Arnaldo Javier Córdoba (hereinafter “Mr. Córdoba”) and D., for alleged violation of the rights to humane treatment, a fair trial, a family, and of the best interests of the child. 2. The Commission approved Report on Admissibility No. 147/17 of October 26, 2017.1 On November 27, 2017, the Commission notified the parties of the report and placed itself at their disposal with a view to friendly settlement, without the conditions obtaining for the launch of that procedure. 2 The parties had the statutory periods for submitting their additional observations on the merits. All information received was duly forwarded to the parties. 3. It should be noted that this matter has two related requests for precautionary measures. In connection with the first, on July 14, 2009, the IACHR decided not to grant precautionary measures (MC 36/09). Regarding the second, on May 10, 2019, the IACHR decided to grant precautionary measures for the protection of adolescent D.3 II. POSITIONS OF THE PARTIES A. Petitioner 4. The petitioner indicates that Mr. Javier Arnaldo Córdoba, an Argentine national, married Mrs. M.R.G.A.,4 a Paraguayan national, establishing their family home in the Province of Buenos Aires, Argentina. On February 26, 2004, their son was born in Argentina (hereinafter “D”). The petitioner maintains that on January 21, 2006, D’s mother, “using sleeping pills and while [the father] was asleep, took [the child D] to the Republic of Paraguay,” with assistance from a third party. The petitioner alleges that, at the time, the child was 1 year and 11 months old, suffered from seizures and epilepsy, and was receiving specialized treatment in Argentina. 5. The petitioner maintains that, in view of the events, Mr. Córdoba filed a report with Police Station V of Moreno, Buenos Aires Province, to which responded the Fifth Prosecutor’s Office of Mercedes Judicial Department and the First Court of Guarantees of Juvenile Rights [Juzgado de Garantías del Joven No. 1] of Moreno Judicial Department. At the same time, on February 26, 2006, through the Ministry of Foreign Affairs, International Trade, and Worship, a request was filed with the National Secretariat for Children and Adolescents of Paraguay for the international return of the child. On June 26, 2006, the Third Court of Caacupé ordered that D be returned to Argentina. The petitioner indicates that M.R.G.A. challenged the decision and the appeal was granted, with suspensive effect, although the Juvenile Code of Paraguay provided for appeal without suspensive effect. On August 14, 2006, the Court of Appeal upheld the judgment. Therefore, M.R.G.A filed an action IACHR, Report No. 147/17, Petition 120-09. Admissibility. Arnaldo Javier Córdoba and D., Paraguay, October 26, 2017. In that report, the IACHR declared the petition admissible in connection with the possible violation of the rights enshrined in Articles 5, 8, 17, 19, and 25 of the American Convention, read in conjunction with the obligation established in Article 1.1 of that instrument. 2 On July 26, 2018, the IACHR notified the parties that, in accordance with Article 40 of its Rules of Procedure, in response to the petitioner’s communication of June 29, 2018, it declared terminated its participation in the friendly settlement procedure and proceeded to process the case. 3 IACHR, Resolution 25/19, PM 1188/18. 4 As established in the Report on Admissibility, the mother’s name is to remain confidential to protect the identity of D. 1

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