46.
According to an INTERPOL letter, searches for the child had been conducted from 2006 to 2009 in both
the aunt’s and the maternal grandparents’ homes, without success. It reported the same regarding the search for
the child’s mother for extradition purposes.32
47.
The record shows that on April 16, 2009, in the framework of the resolution of the Board of Directors of
the Latin American Parliament, Argentine Senator Carlos Rossi, accompanied by Argentine Embassy personnel,
held a series of meetings with Republic of Paraguay officials to request collaboration for the child D’s return to
Argentina, including meetings with the President of the Human Rights Commission of the Chamber of Deputies
and of the Senate, the Director General for Human Rights of the Vice Ministry of Justice, the Public Defender, and
the Vice President of the Republic of Paraguay. 33 Likewise, on June 29, 2011, Deputy Roque Arregui, in his
capacity as coordinator of the Latin American Parliament’s subcommittee for reporting human rights violations,
sent a communication to the President of Paraguay, reporting that in view of the refusal to comply with the return
order in this matter, it had been decided to refer the matter to the IACHR.34
48.
On May 22, 2015, INTERPOL located the child and his mother in the city of Atyrá, Paraguay, and brought
them before the First-Instance Juvenile Court of Caacupé, where they gave statements. The child indicated that
at the time he was ten years old, was attending school in the city of Atyrá as well as catechism classes, and that
he lived with his mother, his three-year-old brother, and his “daddy.” He said that he did not know anything about
his father Arnaldo Córdoba or his grandparents in Argentina, and that he did not want to live in Argentina, that
he wanted to stay with his mother. He mentioned that in the past he had lived somewhere else in the same city
and that they had also lived in his maternal grandmother’s house. For her part, M.R.G.A. indicated that she did not
want them to separate her from the child and did not want to return to Argentina, and that she had hidden for
nine years as a result of the abuse she had suffered from the child’s father. The record also shows that the child’s
maternal aunt appeared before the court, indicating that she was willing to be the child’s guardian during the
proceedings for his return.35
49.
In the framework of the proceedings, a report on D. was prepared that indicated that in his current
situation, he required psychological support. It also indicates that the Defender for Children and Adolescents
considered that the return order should be implemented since it was final and no errors had been made in issuing
it, this with the support of the judiciary psychologist.36
50.
The record shows that M.R.G.A. was placed in pretrial detention in Women’s Police Station No. 17 of
Asunción, with the involvement of the First Criminal Court of Guarantees of that city,37 and that the child was
placed in the temporary custody of his maternal aunt.38
51.
According to the report of the forensic psychologist of Cordillera Thirteenth District, of June 26, 2015,
psychotherapy had been recommended for D; establishment of father-son ties, allowing time for the child to adapt
to the new reality; periodic meetings with his father, accompanied by the forensic psychologist to serve as
intermediary to ensure the child’s emotional stability; and for account to be taken of the child’s school schedule
to set the days and times for meetings with his father.39
52.
On July 8, 2015, the Juvenile Court of Caacupé ordered, as an eminently precautionary measure, a plan
for progressive restoration of ties between Mr. Córdoba and D., including the extended paternal family. The court
decided that the first four meetings for restoration of ties would take place on the premises of the Juvenile Court
32 Annex
14. Official Letter IP/259/OF/15.04.2009/AG-4028, of May 26, 2009, from the INTERPOL Police Department to the Ministry of
Foreign Affairs. State’s submission dated June 17, 2009.
33 Annex 15. Report by Senator Carlos Rossi dated April 16, 2009. Petitioner’s submission of September 12, 2011.
34 Annex 16. Communication of June 29, 2011, from Congressman Roque Arregui. Petitioner’s submission dated September 12, 2011.
35 Annex 17. Resolution A.I. No. 89 from the First Duty Juvenile Court of Caacupé of July 8, 2015. Petitioner’s submission of November 13,
2019, submitted in the framework of MC- 1188-18.
36 Ibid., p. 6.
37 Amicus curiae brief submitted by the Argentine Republic, September 28, 2017.
38 Annex 18. Report of the Juvenile Court Judge, dated March 7, 2017, in reply to the report requested by the Human Rights Bureau of the
Supreme Court. Petitioner’s submission dated April 18, 2017.
39 Annex 19. Report of the forensic psychologist of the Thirteenth District of Cordillera of June 26, 2015. State’s submission of April 30,
2020.