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e) On the duty to pay compensation for pecuniary and non-pecuniary damages
to victims and their next of kin and reimburse them for costs and expenses, the
2007 General Expense Budget of the Nation contained an item apportioning a
sum for the second partial payment of compensation for pecuniary and nonpecuniary damage to victims and their next of kin, and the Ministry of Finance
has been asked to include an amount in the 2008 General Budget to cover the
balance of the payment for damages. The State has not reimbursed costs and
expenses for the representatives of the victims and their next of kin, as the
representatives did not include these amounts in the document assessing
compensation; according to the States, this reflects their desire to attach higher
priority to payment of damage for victims, "resulting in a temporary delay of
payment of costs and expenses."
4.
The October 17, 2006, May 16, 2007 and December 6, 2007 briefs of the
representatives of the victims and their next of kin (hereinafter "the representatives"),
containing their comments on the reports by the State, in the following terms:
a) On the obligation of the State to carry out a public act recognizing
international responsibility and to develop a State policy on children in conflict
with the law, the Technical Working Group has met only three times. No State
agency has been assigned to coordinate its work, and no timetable exists for
consultation with civil society entities. No concrete progress has been made
toward developing this State policy.
b) On the obligation to provide psychological care for all former inmates,
medical care and/or psychological treatment for former inmates injured in the
fires, and psychological care for family members of deceased and injured
inmates, the Visiting and Oversight Commission for Juvenile Detention Facilities,
made up of public officers and civil society representatives, reported on
conditions of incarceration of juveniles in the Itaguá Centro Educativo,
successor of the Juvenile Reeducation Institute, and found that conditions of
incarceration of minors in the facility had deteriorated significantly.
c) On the obligation to provide vocational assistance and a program of special
education for former inmates of the Institute, the educational programs cited in
the State's reports do not specifically target former inmates of the Juvenile
Reeducation Institute, but are available to the general population.
d) On the obligation to provide a resting place for the remains of Mario del Pilar
Álvarez Pérez, son of Mrs. María Teresa de Jesús Pérez, in a mausoleum near
her place of residence, the clause on the mausoleum tax has not yet been
resolved, as the contract for usufruct mentioned by the State entails a
payment.
e) On the duty to pay compensation for pecuniary and non-pecuniary damages
to victims and their next of kin and reimburse them for costs and expenses, to
date the State has paid the victims only about 20% of what it owes them for
compensation and expenses, without considering overdue interest. At present,