17
chromatic changes of the body but rather indicates that these areas were
traumatized before the death. The examination of the photographs does not allow to
verify or dismiss possible acts of torture, or to establish the distance or direction of
the mortal shot.
4)
Juan Carlos Yuste-Alonso, sociologist
One-year military service at the Paraguayan Armed Forces is mandatory for all male
citizens aged 18 to 50. Compulsory military service is set forth in Article 129 of the
Constitution and Law No. 569/75. The minimum age for enlisting in active service is
18 years old, though Section 5 of Law No. 569/75 provides for the recruitment of
people under the age of 18 subject to approval by their parents and authorization of
a Juvenile Court. However, in practice, authorities do not fulfill this legal requirement
when making effective said recruitment.
The recruitment of children into the armed forces is a deep-rooted tradition in
Paraguay. The celebration of Children’s Day in Paraguay on August 16 includes the
exaltation of the figure of “soldier children […] who are sacrificed to their Flag.” The
recruitment of children from the early age of 12 is a systematic and historical
practice, despite express legal prohibitions and the two orders issued by the
Commander in Chief of the Armed Forces in 1995, which prohibit recruitment of
children under the age of 18. The recruitment of children aged 14 is considered by
many as a “growth rite” widely accepted by the community and the family.
In the 80’s and 90’s, forced recruitment was carried out by recruitment military
officers in public places, especially at on-road buses, football fields, nightclubs and
rural areas. Most recruited children were born to poor families and Guarani is their
only language. These military operations were carried out door-to-door in rural
areas, where military officers exerted pressure and instilled terror as a method to
invite parents to surrender their children to comply with compulsory military service.
Most of the parents who accept and sign the authorization for recruitment of their
children are illiterate.
Moreover, it should be mentioned that punishment and acts of violence against
soldier children are widely accepted and justified in the military environment. Out of
110 cases of dead conscripts registered since 1989, only one case had the
perpetrator punished.
VII
PROVEN FACTS
70.
The Court will consider the facts related to the alleged illegal recruitment of
the minor Vargas-Areco, his death while in active military service, the proceedings
before the military court to establish liability for his death and the status of ordinary
judicial proceedings as of March 26, 1993. Said facts have imposed obligations upon
the State, which remain valid as of that date.
71.
Pursuant to the acknowledgment of liability made by the State (supra paras.
20, 21, 30, 33 and 40 to 64) and pursuant to the body of evidence in the instant
case, the Court finds the following facts to be proven.