Inter-American Court of Human Rights
Case of Vargas-Areco v. Paraguay
Judgment of September 26, 2006
(Merits, Reparations and Costs)
In the case of Vargas-Areco,
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or
“the Court”), composed of the following judges:∗
Sergio García-Ramírez, President;
Alirio Abreu-Burelli, Vice-President;
Antônio A. Cançado Trindade, Judge;
Cecilia Medina-Quiroga, Judge;
Manuel E. Ventura-Robles, Judge; and
Diego García-Sayán, Judge.
also present,
Pablo Saavedra-Alessandri, Secretary; and
Emilia Segares-Rodríguez, Deputy Secretary,
delivers the following judgment pursuant to Articles 62(3) and 63(1) of the American
Convention on Human Rights (hereinafter “the Convention” or “the American
Convention”) and Articles 29, 31, 53(2), 55, 56 and 58 of the Rules of Procedure of
the Court (hereinafter “the Rules of Procedure”).
I
INTRODUCTION TO THE CASE
1.
On March 27, 2005, pursuant to the provisions of Articles 50 and 61 of the
American Convention, the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) filed before the Court an
application against the State of Paraguay (hereinafter “the State” or “Paraguay”)
originating in petition No. 12.300, received at the Secretariat of the Commission on
July 28, 1999. On April 22, 2005, the Commission filed “an amended application”
(infra para. 15).
2.
The Commission alleged that the minor Gerardo Vargas-Areco was recruited
into military service in the Paraguayan Armed Forces on January 26, 1989, at the
age of 15. On December 30, 1989, the minor Vargas-Areco was allegedly arrested as
punishment for failing to voluntarily and timely return to the military post after a
∗
The Judge Oliver Jackman did not participate in the deliberation and signing of this Judgmente. Due to
reasons of force majeure, he was not able to participate in the LXXII Ordinary Period of Sessions of this
Court.