ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS1 OF JULY 1, 2011 PROVISIONAL MEASURES WITH REGARD TO PARAGUAY MATTER OF L.M.2 HAVING SEEN: 1. The brief of the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) of May 23, 2011 and its attachments, whereby it submitted to the Inter-American Court of Human Rights (hereinafter “the Court” or “the Inter-American Court”) a request for provisional measures in accordance with Articles 63(2) of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) and 27 of the Court’s Rules of Procedure (hereinafter “the Rules of Procedure”), for the Court to require the Republic of Paraguay (hereinafter “Paraguay” or “the State”) to “expedite the domestic proceedings and the decisions concerning the best interest of the child L.M. – one and a half years old - including, as soon as possible, the decisions concerning contact with his biological family.” 2. The background information submitted by the Commission related to the request for provisional measures, namely: a) The child L.M. was born on August 2, 2009, in Asunción, Paraguay.3 According to the petitioners, L.M. is the son of L.S. (26 years) and V.H.R. (22 years), who were in a relationship for about one year and decided to separate in April 2009 when L.S. was unaware of her pregnancy. Due to family circumstances, L.S. hid her pregnancy from her family and from the father of the child. According to the information provided, L.S. left the hospital two days after her son was born and, owing to her vulnerable emotional state, she handed L.M. over at the door of the San Bautista Church in Asunción; b) After learning what had occurred from a couple who took L.M. in, on August 5, 2009, the Public Prosecutor’s Office opened a case called “Newborn Male […] without Measures of Protection and Support” before the Judge of First Instance for Children and Adolescents (hereinafter “the First Instance Judge”).4 The judge 1 Judge Alberto Pérez Pérez advised the Court that, for reasons beyond his control, he would be unable to attend the deliberation and signature of this order. 2 At the request of the Inter-American Commission the identity of the child for whom the provisional measures are requested will be kept confidential, and the child will be identified with the letters “L.M.” The identity of the individuals involved in the domestic proceedings will also remain confidential; namely, the child’s alleged biological family, and those who have acted as the “foster family” or “the family with custody.” 3 4 Cf. Birth certificate (attachment 1 to the request for provisional measures submitted by the Commission). Cf. Complaint of the Public Prosecutor’s Office of August 5, 2009 (attachment 2 to the request for provisional measures submitted by the Commission. Cf. Decision of the Children and Adolescents Court of First Instance of August 10, 2009, (attachment 3 to the request for provisional measures submitted by the Commission).