ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF JULY 4, 2006
THE “CHILDREN’S REHABILITATION INSTITUTE”
V. PARAGUAY
COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The judgment delivered by the Inter-American Court of Human Rights
(hereinafter “the Court” or “the Inter-American Court”) of September 2, 2004, in
which:
[IT] DECIDE[D]
Unanimously,
1.
To reject the preliminary objections filed by the State concerning the legal
defect in the presentation of the application and the failure to claim the violation of
Article 26 of the American Convention [at the appropriate stage of the proceedings].
2.
To consider that the preliminary objection concerning lis pendens filed by the
State has been withdrawn, owing to the waiver by the State.
3.
To continue hearing the instant case.
DECLAR[ED],
Unanimously, that:
4.
The State had violated the rights to life and to humane treatment embodied in
Articles 4(1), 5(1), 5(2) and 5(6) of the American Convention on Human Rights, in
relation to Article 1(1) thereof, and also in relation to Article 19 of the Convention when
the victims were children, to the detriment of all the interns in the Institute between
August 14, 1996, and July 25, 2001, in the terms of paragraphs 176 and 190 of the […]
judgment.
5.
The State had violated the right to life embodied in Article 4(1) of the American
Convention, in relation to Article 1(1) thereof, and also in relation to Article 19 of the
Convention when the victims were children, to the detriment of the 12 interns who died,
in the terms of paragraphs 179, 184, 186 and 190 of the […] judgment.
6.
The State had violated the right to humane treatment embodied in Articles 5(1)
and 5(2) of the American Convention, in relation to Articles 1(1) and 19 thereof, to the
detriment of the children who were injured owing to the fires; and the right to humane
Judge Oliver Jackman informed the Court that, for reasons beyond his control he would be unable
to attend the seventy-first regular session of the Court; consequently, he did not take part in the
deliberation and signature of this Order.
*
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