5.
In relation to the situation of the child L.M., the State and the representatives
reported the following:
a) On August 2, 2011, the Supreme Court of Justice of Paraguay issued a resolution
addressed to the Ombudsman for Children and Adolescents, wherein it ordered that
all the necessary measures be implemented in order that the provisional measure of
the Inter-American Court be satisfied;
b) On August 23, 2011, the Ombudsman for Children and Adolescents requested that
the Courts of First Instance for Children and Adolescents implement the provisional
measures ordered by the Inter-American Court of Human Rights and confirmed by
the Supreme Court;
c) on that same date, the judge of the court of first instance in charge of
processing of matter, summoned the parents, maternal grandparents, and
guardians of child L.M. to a hearing for August 31st, in order for them to appear
be heard. A psychologist and social worker were also summoned, both of
judiciary;
the
the
and
the
d) on that same day, the attorney for couple O-A challenged the presiding judge,
filed an action for annulment of the actions, and requested the suspension of the set
hearing;
e) on August 31, 2011, all those summoned appeared in court, except the couple OA, guardians of child L.M. The hearing was held, and at the end of the hearing,
immediate compliance was ordered with the operative provisions ordered by the
Inter-American Court in its Order of July 1, 2011, as well as establishment of a
temporary visitation schedule with the extended family (maternal grandparents) as
of September 6, 2011;
f) on September 5, 2011, couple O-A once again filed an action for annulment and
an appeal against the decision of August 31st, considering that the “procedural
actions subject to appeal are null as they were declared in violation of the rules of
due process” and in contravention with the legal provisions that require the
mandatory and ineludible presence of the representatives of the child in proceedings
of this nature;
g) on September 6, 2011, the day the first encounter should have taken place
among the maternal grandparents and child L.M., the guardians did not appear in
the place established for the reunion, to which the visitation ordered in the judicial
ruling of August 31st;
h) on September 27, 2011, the first meeting between child L.M. and his
grandparents took place, in the presence of a forensic psychologist and a social
worker, in compliance with that established in the resolution of September 31, 2011.
i) since then, other visits have taken place between the child and his maternal
grandparents and requests to expand the visitation schedule to other members of
the biological family of the child have been rejected.
6.
The representatives noted that the encounter constitutes “a first step in the
implementation of the provisional measures” but that it “is not in any respects effective
compliance,” in that the measure involves an “isolated encounter between the boy and his
Haitian-origin in the Dominican Republic. Provisional Measures regarding the Dominican Republic. Order of the
Inter-American Court of Human Rights of December 1, 2011, Considering clause 3.
4