7
these reparations should be included in the budget for the 2006 fiscal
exercise. In addition, the Deputy Minister for Financial Administration of the
Ministry of Finance had stated that expenses in the draft budget being studied
by the National Congress were being reprogrammed in order to prepare a
payment schedule for the compensation ordered in this case.
6.
The brief of October 19, 2005, in which the State forwarded the “regulations
for the medical and psychological treatment […] of the Ministry of Public Health and
Social Welfare of Paraguay.”
7.
The brief of November 23, 2005, in which the representatives of the victims
and their next of kin presented their observations on the first report of the State
(supra Having seen paragraph 5) as follows:
a) The obligation to publish the proved facts and the operative paragraphs of the
judgment was complied with by the State, even though this publication had
not respected the allotted time of six months stipulated by the Court;
b) They had noted with concern the fact that more than a year had elapsed and
Paraguay had not made any progress in the elaboration of the State policy
ordered by the Court because, although communications had been sent, no
response had yet been received from the said public institutions.
Furthermore, the public act to acknowledge international responsibility had
not been organized, and it was not sufficient that the authorities had agreed
to this act. Consequently, the Court was asked to require the State to comply
promptly with this measure of reparation;
c) The resolutions adopted are merely administrative measures and, in practice,
have been insufficient to comply with the reparations ordered by the Court
concerning medical and psychological treatment. The State had only partly
distributed some identity cards to facilitate former interns and next of kin of
interns of the Institute receiving medical care. They also stated that,
regarding the victims in the case who are still deprived of their liberty, noncompliance was even more serious, because the health situation within the
establishment was very precarious; consequently, they requested the Court
to pay special attention to monitoring this measure of reparation. Two
examples of the lack of medical care for the victims of the case are those of
Francisco Noé Andrade Báez and Arsenio Joel Barios Báez who suffer from
tuberculosis and pneumonia and, despite this, do not receive adequate
medication or medical care;
d) Although the State had indicated that it had made available to the victims the
educational services that could be provided by representatives of the Ministry
of Education and Culture, no program of special education had been
established; neither had the vocational assistance program ordered by the
Court been made available to the victims. Despite repeated requests in this
regard, officials from the National Professional Promotion Service had not
been involved;
e) They had not received any official notification about the final delivery of a
place in the Cementerio del Este for the remains of Mario del Pilar Álvarez
Pérez. To the contrary, his mother had only received warnings from the
personnel of the cemetery that they would take away the space in which her
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