5.
The State Parties to the Convention shall guarantee compliance with the
provisions of the Conventions and their own effects (effet utile) within the scope of
their respective domestic rights. This principle applies not only to the substantive
rules in human rights treaties (that is, those containing provisions on protected
rights), but also with regard to procedural norms, such as those regarding compliance
with decisions of the Court. Taking into account the distinct nature of human rights
treaties, these obligations shall be interpreted and applied in such a way that the
protection guaranteed is truly practical and effective.4
a)
Obligation to undertake, in full compliance with judicial
guarantees and within a reasonable time, all actions necessary to
identify, prosecute, and punish all those responsible for violations
committed in this case (ninth operative paragraph of the Judgment);
6.
The State reported that an initial investigation was launched into "the alleged
commission of the crime of [t]orture as defined by [article] 309 of the Criminal Code,
taking place in VILLARRICA - Second Infantry Division." The investigation was
registered under the case title "Unnamed Persons s/ Torture,” in which Gerardo
Vargas Areco was a victim. The investigation was processed starting on May 4, 2011,
before the Public Prosecutor of Unit No. 1 Specialized in Crimes against Human
Rights.5 Likewise, the State submitted a report on the steps taken in the framework of
that investigation, such as making a copy of the case “Aníbal López Insfrán and
Eduardo Riveros s/ homicide in Villarrica; requesting copies of the files and list of
general officers, secondary officers, non-commissioned officers, and troop personnel of
the 2nd Infantry Division, Villarrica, serving during the years 1989 and 1990; the
formation of a Public Prosecutors Office assigned to the Second Infantry Division of the
Army in the city of Villarrica to collect information; the calling of witnesses; the
requesting of information on individuals in the city of Bella Vista Norte who had
confirmed that Gerardo Vargas Areco’s body showed signs of torture; the collection of
statements from relatives, and the initial testimony of a colonel. Likewise, the State
indicated that it had ordered planimetric and other work to be carried out, and toward
doing so had asked for the Forensic Laboratory Directorate to appoint an official.
Finally, it indicated that it had planned for “a consultation with forensic professionals,
[as it was analyzing the possibility] of carrying out an anthropological study through
which it would be able to determine if the skeletal remains showed indications of acts
of torture." In this way, the State submitted that it was “moving forward in the search
for truth and justice for child soldier Gerardo Vargas Areco, having overcome a
number of obstacles that were making the investigation difficult."
7.
The representatives indicated that the information provided by Paraguay "is
very incomplete and does not provide certainty regarding specific results." Likewise,
they responded that the 2nd Infantry Division’s entry into Villarrica "has still not been
carried out." They also highlighted that the information with regard to the carrying out
4
Cf. Case of Ivcher Bronstein v. Peru. Jurisdiction. Judgment of September 24, 1999. Series C No.
54, para. 37, and Case of Radilla Pacheco v. Mexico, fourth considering paragraph.
5
This investigation was first assigned on January 7, 2010, to the prosecutor of the Special Unit for
Human Rights and was subsequently appointed as adjunct in the criminal case to prosecutor of the Criminal
Unit No. 2 of Villarrica on May 6, 2010. As of May 4, 2011, the Prosecutor of Special Unit No. 1 on offenses
against human rights was reassigned since on January 13, 2011, the "Special Unit for offenses against
human rights" was created, with exclusive jurisdiction regarding the following types of crimes: enforced
disappearance, bodily harm in the exercise of public functions, duress regarding statements, torture,
persecution of innocent persons, criminal enforcement against innocent persons, violation of the secrecy of
mail and telecommunication correspondence, genocide, and war crimes.
3