37
e)
as regards to costs and expenses, the Court must order the State to
pay the costs and expenses actually proven by the representatives incurred
upon proceedings before the domestic jurisdiction and the Inter-American
System.
Arguments of the representatives
136.
The representatives stated that:
a)
the beneficiaries of the reparations are the relatives of 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 VargasAreco family (siblings of Gerardo);
b)
as regards to pecuniary damage, the Court must:
i.
recognize, based on equitable grounds, the expenses incurred
by the relatives of Gerardo Vargas-Areco upon providing Gerardo
Vargas-Areco a dignified burial, and the disbursements made during
the last few years to expedite proceedings both in the domestic and
international jurisdictions; and
ii.
assess the amount of lost profits, considering that the minimum
monthly salary is 387,014 Guaranies, which multiplied by 12 months
and, lastly, by the number of remaining years based on a 70-year life
expectancy would total 255,429,240 Guaranies;
c)
as regards to non-pecuniary damage, the Court must grant, based on
equitable grounds, a compensation to the relatives of Gerardo Vargas-Areco
for their suffering as a result from the loss of their beloved one and from
denial of justice;
d)
to:
as regards to other types of reparation, the Court must order the State
i.
organize an official public act to acknowledge its international
liability and to apologize to the relatives of Gerardo Vargas-Areco;
ii.
publish the judgment of the Court in the Official Gazette of
Paraguay and communicate through a nation-wide radio station, both
in Spanish and Guarani, the operative paragraphs of the Judgment;
iii.
carry out an investigation to identify, prosecute and punish –
through criminal and administrative proceedings- the perpetrators of
the forced recruitment, alleged torture and death of the minor VargasAreco, releasing the child’s relatives from the burden to expedite
proceedings;
iv.
cancel the reservation instrument deposited with the UN
General Secretariat regarding the Optional Protocol to the Convention
on the Rights of the Child in relation to the involvement of children in
armed conflict, which establishes 18 years old as the minimum age for
recruitment into compulsory or voluntary military service;
v.
abrogate Section 10 and amend Section 5 of Law No. 569/75 to
unconditionally prohibit the recruitment of minors under the age of 18
into military service;
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