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through physical and emotional aftereffects that prevent them from continuing their
ordinary lifestyle. The entire family endured pain, weeping, anguish, helplessness
feelings and suffering for having been unable to avoid the alleged torture suffered by
Gerardo and for their doubts and uncertainty as to what really happened.
Gerardo’s mother, Mrs. De Belén Areco, is the member of the family who suffered
the greatest psychological disorder. She spends most of the time in seclusion and
self-isolation, expressing sadness and having difficulties to sleep; she cries
frequently and easily, and has hopelessness feelings. Moreover, she suffered from
heart disorders.
The family’s suffering deepened due to the lack of an appropriate response by the
State. The family believes that the 1-year imprisonment imposed upon corporal 2nd
class López-Insfrán was “a sham” and that said punishment does not effectively
satisfy their need for truth and justice. They believe that domestic proceedings will
be futile.
B)
Statements rendered before a notary public
WITNESS TESTIMONY
1)
Relatives of Gerardo Vargas-Areco11
The family of Gerardo Vargas-Areco is composed of his siblings Juan, María Elisa,
Patricio, Doralicia, Mario, María Magdalena, Daniel, Sebastián and Jorge Ramón
Vargas-Areco, his father Pedro Vargas and his mother De Belén Areco.
Before joining the armed forces of Paraguay, Gerardo lived with his parents. He was
an affectionate, educated and easygoing child. His parents and siblings felt proud
when Gerardo voluntarily decided to enlist in military service. The family believed
that voluntary enlisting was the best choice to avoid the risk of having Gerardo
recruited in the street, as it was a common practice in Paraguay with many other 15year old children. However, Gerardo’s mother regretted seeing her child leave home
at such a young age. Gerardo planned to return home after military service to care
for and support his parents.
After being recruited, Gerardo visited his family twice. His second visit was during a
5-day leave granted to spend Christmas with his family. His mother was ill at that
time so Gerardo notified the military unit that he should stay at home to care for his
mother and he was given permission to stay with his family until December 26,
1989. Non-commissioned officer Ramón Espinola arrived on that date to pick him up
and they left for Villarrica at 8.45 that night.
On December 31, 1989, Gerardo’s father received a phone call from the police
headquarters and was informed that his son had been shot to death. The family
reached the airport, where they received the mortal remains in a sealed coffin. The
military officers who delivered the body gave them instructions not to open the coffin
and to bury Gerardo that same day. The family took the coffin home.
Given the fact that the testimonies of the parents and siblings of the minor Vargas-Areco refer to
the same matter, the Court will summarize their joint discussion.
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