2
treatment embodied in Article 5(1) of the American Convention, in relation to Article
1(1) thereof, to the detriment of the individualized next of kin of the interns who died
and were injured, all in the terms of paragraphs 188, 190 and 193 of the […] judgment.
7.
The State had failed to comply with the obligation to adopt provisions of
domestic law and had violated the right to judicial guarantees embodied, respectively, in
Articles 2 and 8(1) of the American Convention, in relation to Articles 1(1) and 19
thereof, to the detriment of all the children interned in the Institute between August 14,
1996, and July 25, 2001, in the terms of paragraph 213 of the […] judgment.
8.
The State had violated the right to judicial protection established in Article 25 of
the American Convention, in relation to Article 1(1) thereof, to the detriment of the 239
interns named in the general hábeas corpus decision, in the terms of paragraph 251 of
the […] judgment.
AND DECIDE[D],
Unanimously, that:
9.
The judgment constitutes per se a form of reparation, in the terms of
paragraphs 299 and 323 of the […] judgment.
10.
The State shall publish once, within six months, in the official gazette and in
another newspaper with national circulation, the chapter on the proven facts of the
judgment, without the corresponding footnotes, and its operative paragraphs, in the
terms of paragraph 315 of the […] judgment.
11.
The State shall organize, in consultation with civil society and within six months,
a public act to acknowledge international responsibility and to make a declaration
containing a short, medium and long-term State policy concerning children in conflict
with the law that is fully consistent with the international commitments of Paraguay.
This State policy should:
a)
Be presented by the senior authorities of the State in a public act in which it
acknowledges the international responsibility of Paraguay for the shortcomings
of the detention conditions in the Institute between August 14, 1996, and July
25, 2001; and
b) Include, among other elements, strategies, appropriate actions and the
assignment of the essential resources to ensure that children deprived of liberty
are separated from adults; that children who are being prosecuted are
separated from those who have been convicted; and for the creation of
comprehensive educational, medical and psychological programs for children
deprived of liberty.
12.
The State shall provide psychological treatment for the former interns in the
Institute between August 14, 1996, and July 25, 2001; medical and/or psychological
treatment for the former interns injured in the fires, and psychological treatment for the
next of kin of the interns who died or were injured, in the terms of paragraphs 318 to
320 of the […] judgment.
13.
The State shall provide vocational assistance, and also a program of special
education, for the former interns of the Institute between August 14, 1996, and July 25,
2001, in the terms of paragraph 321 of the […] judgment.
14.
The State shall provide to María Teresa de Jesús Pérez, within 15 days of
notification of the judgment, a place to bury her son, Mario del Pilar Álvarez Pérez, in a
cemetery near her residence, in the terms of paragraph 322 of the […] judgment.
15.
The State shall pay special attention to safeguarding the life, integrity and security of
those who testified and of their next of kin, and shall provide the necessary protection from any
persons, taking into account the circumstances of this case, in the terms of paragraph 324 of the
[…] judgment.
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