4
8.
That the Court is aware of the usefulness of the hearing held on September 30,
2009 to supervise the matters pending compliance in the present case.
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9.
That regarding the realization, in consultation with civil society, of a public act of
acknowledgment of international responsibility and at which it announces the elaboration
of a State policy concerning children in conflict with the law (eleventh operative
paragraph of the Judgment), the State informed that an Inter-Institutional Technical
Team prepared the report named “ISAI Strategy: Methodological Proposal for the
Elaboration of the Public Policy for the Attention of Teenage Offenders” (hereinafter “ISAI
Strategy”). Said report establishes the general principles and methodological guidelines
that act as grounds for the elaboration of the State’s policy in this subject. The document
was presented before the National Council for Children and Teenagers, which approved it
in its regular session of the month of May 2008 and it put the National Secretariat for
Children and Teenagers in chare of the implementation of the proposals included therein.
Therefore, the Secretariat created an Inter-Institutional and Multisectoral Table
(hereinafter the “Inter-Institutional Table”), made up by the representatives of different
State bodies and UNICEF with the objective of creating, in a participative manner, the
juvenile criminal public policy based on the ISAI Strategy. The Inter-Institutional Table
started its tasks in the month of February 2009.
10.
That at the private hearing for monitoring compliance Paraguay informed that the
National Secretariat for Children and Teenagers “is currently coordinating the realization
of a consultancy through an executing body,” with the purpose of obtaining a base
diagnosis on children and teenagers in Paraguay and thus offer input for the effective
design of the State’s policy in matters of children in conflict with the law. The final report
from that consultancy will be available for the mentioned Inter-Institutional Table in
December 2009. Likewise, said, “articulating space” meets every two weeks and has
produced documents that will serve as the technical grounds for the elaboration of the
public policy of reference, with a preventive component, a component of attention during
the criminal proceedings that will guarantee the right to a fair trial and the educational
purpose of the juvenile criminal system, and a component of social insertion that will
promote that teenagers “be incorporated into the community as well as the educational,
work, and cultural life without any discrimination whatsoever.” Additionally, it referred to
other initiatives related with this matter and concluded that even though Paraguay does
not yet have the corresponding public policy “it cannot be stated that it is failing to
comply” with this obligation; even when it could be running behind, the State has
worked actively on the design of the mentioned policy. Finally, according to the Time
Line it undertook to comply with this obligation in June 2010.
11.
That the representatives pointed out that it is vital that the State comply with this
obligation, “even more so in light of the situation of abandonment and lack of educative
services that exists among the youngsters imprisoned at the Ita[u]guá Educational
Center,” which was created with the intention of being a reeducation model for teenage
offenders, based on the facts that motivated the Judgment in the present case. They
added that the continuance of the violations to children’s rights at that Center is
evidenced from information provided by the State, specifically from the InterInstitutional Commission for the Monitoring of Detainment Centers for Teenagers, which
concluded in the “Report on the situation of different detainment centers for teenagers”
that the youngsters at the Itauguá Educational Center “are left to their own luck, […]
they are unprotected.” They stated that up to this moment the civil society has not been