2 leave of absence to spend Christmas with his family. Vargas-Areco appeared at the infirmary of the military unit where he was treated for a nasal bleeding. After leaving the infirmary, the minor Vargas-Areco allegedly ran to flee from the military post and evade the punishment imposed upon him. The child was shot to death from behind by a non-commissioned officer (NCO) who saw him run away. The dead body of the child was found the following day 100 meters away from the infirmary of the military post. 3. Therefore, the Commission requested the Court to declare that the State violated the rights protected in Articles 8 (Right to Fair Trial) and 25 (Right to Judicial Protection) of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights) of said treaty, to the detriment of the relatives of the minor Gerardo Vargas-Areco, namely: Pedro Vargas, his father; De Belén Areco, his mother; and Juan, María Elisa, Patricio, Daniel, Doralicia, Mario, María Magdalena, Sebastián and Jorge Ramón, all of them members of the Vargas-Areco family and siblings of Gerardo Vargas-Areco. The Commission alleged that the State violated the aforementioned Articles since “it failed to effectively and timely investigate, prosecute and punish the perpetrators of the violations committed against their relative” and “no appropriate reparation was provided to the relatives of the child.” 4. Likewise, the Commission requested the Inter-American Court to order the State, pursuant to Article 63(1) of the Convention, to adopt the specific reparation measures detailed in the application. Lastly, the Commission requested the Court to order the State to pay costs and expenses arising from proceedings in the instant case before domestic courts and before the Inter-American System for Human Rights Protection. II COMPETENCE 5. The Court has jurisdiction to hear the instant case pursuant to Articles 62 and 63(1) of the American Convention, given that Paraguay is a State Party to the Convention since August 24, 1989, and has accepted the contentious jurisdiction of the Court on March 26, 1993 (infra paras. 40 to 63). III PROCEEDING BEFORE THE COMMISSION 6. On July 28, 1999, the Inter-American Commission received a petition filed by the parents of the minor Gerardo Vargas-Areco, the Center for Justice and International Law (hereinafter “CEJIL”), and Servicio de Paz y Justicia de Paraguay (Paraguayan Peace and Justice Service) (hereinafter “SERPAJ PY”, and collectively “the representatives” or “the representatives of the victims”), against the State for the events allegedly occurred on December 30, 1989. 7. On October 17, 2000, the State requested the Commission to make its best efforts to help the parties reach a friendly settlement. The request was communicated to the representatives, who accepted the proposal. On May 13, 2003, the petitioners sent a communication stating their intention to abandon the friendly settlement proceeding on the grounds that the State had failed to honor the undertakings made during said proceeding.