22
conflict,17 and established that the minimum age for recruitment into Paraguayan
military service was 16 years old. On March 14, 2006, the President of Paraguay
signed a statement to substitute the one deposited with the ratification instrument,
whereby it was established that voluntary or compulsory military service in Paraguay
would not apply to minors under the age of 18.
71(27)
The State acknowledged the occurrence of mistreatment, forced
recruitment and death involving children in active military service.18 In most cases,
these violations resulted from excesses committed by officers in command upon
imposing physical and psychological punishment on conscripts, and over demanding
physical exercises and accidents associated with the characteristics of compulsory
military service. In many cases, these circumstances have irreversible physical and
psychological consequences.
E.
Damage caused to the relatives of Gerardo Vargas-Areco, costs and
expenses
71(28)
The death of the minor Vargas-Areco and the impossibility to find the
truth about the facts surrounding his alleged torture and death caused his parents
and siblings significant pain, sadness and anguish. The health of Mrs. De Belén
Areco, Gerardo Vargas-Areco’s mother, deteriorated considerably as a result of his
death.
71(29)
CEJIL and SERPAJ PY have incurred expenses arising from proceedings
in the instant case before the Inter-American System for Human Rights Protection,
upon representing the relatives of Gerardo Vargas-Areco.19
VIII
VIOLATION OF ARTICLES 4, 5(1), 8(1) AND 25 OF THE AMERICAN CONVENTION
(RIGHT TO LIFE, PERSONAL INTEGRITY, FAIR TRIAL AND JUDICIAL PROTECTION)
IN RELATION TO ARTICLE 1(1) OF SAID TREATY AND ARTICLES 6 AND 8 OF THE INTERAMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE
Considerations of the Court regarding the duty to investigate the death and alleged
torture of the minor Vargas-Areco, and the violation of the right to personal integrity
of the child’s relatives.
72.
As set forth in the chapter on Preliminary Considerations, the Court lacks
jurisdiction to decide on any event occurred before March 26, 1993, when the State
recognized the jurisdiction of the Court (supra para. 53).
UN, Optional Protocol to the Convention on the Rights of the Child on the involvement of children
in armed conflict, A/RES/54/263, of May 25, 2000, available at http://www.ohchr.org/english/law/crcconflict.htm.
17
UN, Committee on the Rights of the Child, survey of the reports submitted by States pursuant to
Article 44 of the Convention on the Rights of the Child. Paraguay Report. CRC/C/65/Add.12, of March 15,
2001.
18
Cf. Vouchers of costs and expenses incurred by CEJJIL and SERPAJ PY (record of appendixes to
the brief of requests and arguments, folios 3049 to 3290).
19