21
that “the […] wounds detected in the body result from a putrefaction process and
cannot be associated with torture injuries or hitting.”
71(21)
On October 13, 2003, almost thirteen years after commencement of
investigation proceedings before the ordinary courts, the Court ordered the closing of
the evidence submission stage regarding the accused Aníbal López-Insfrán. On
August 6, 2004, ten months after that, the Court ordered the closing of the evidence
submission stage regarding the other accused, Eduardo Riveros-Gavilán.
71(22)
On March 2, 2005, judgment of conviction was entered against
corporal 2nd class López-Insfrán, ordering one-year imprisonment for the “wrongful
homicide” of Gerardo Vargas-Areco. The sentence was deemed fully purged as Mr.
López-Insfrán had already been sentenced to one-year imprisonment in the military
jurisdiction (supra para. 71(12)), which was served at Peña Hermosa prison.
Furthermore, Eduardo Riveros-Gavilán was found not guilty since the judgment
declared Aníbal López-Insfrán as sole perpetrator of the death of Gerardo VargasAreco.
D.
Recruitment of children into the Paraguayan Armed Forces
71(23)
Law No. 569/75 of December 24, 1975, provides for compulsory
military service in Paraguay and was in force when the minor Vargas-Areco was
recruited. Said law sets forth that compulsory military service must be fulfilled by
males aged 18 to 19.13
71(24)
Furthermore, section 56 of said law sets forth that “[a]ny authority
recruiting minors under the age of 18 […] shall be dismissed or disqualified from
holding public offices for a period of five years, unless otherwise established herein
and notwithstanding criminal liability arising thereunder.”14
71(25)
Section 36 of Law No. 569/75 establishes a special regime regarding
Military Instruction Centers for Reserve Student Training (CIMEFOR). Said law offers
students who have successfully completed their fourth high school year to attend
military service for five-week periods during school break.15 Until March 2000,
admission to CIMEFOR required an authorization from the Counsel for Incompetent
Persons and, after April that year, from First Instance Juvenile Courts.16
71(26)
On September 27, 2002, Paraguay ratified the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed
13
Law No. 569/75 of December 24, 1975, “Compulsory Military Service”, sections 3(a) and 15.
14
Law No. 569/75, supra note 13, section 56.
15
Law No. 569/75, supra note 13, section 36.
Said jurisdiction is established in Resolution No. 167 of April 13, 2000, issued by the Supreme
Court of Justice. Section 1 of said resolution establishes the jurisdiction of First Instance Juvenile Courts to
authorize minors to leave the country or to be admitted to CIMEFOR. To the date when the minor VargasAreco was recruited, jurisdiction for admission to CIMEFOR was regulated under Resolution No. 7 of
October 18, 1983, whose subparagraph (i) established the jurisdiction of the Counsel for Incompetent
Persons to authorize minors to travel abroad or to be admitted to CIMEFOR.
16