121
methods and determination of the beneficiaries) are regulated by international
law.201
260. In many cases of human rights violations, such as the present case, restitutio
in integrum is not possible. Therefore, taking into account the nature of the right
affected and in keeping with the practice of international case law, reparation is
made in the form of, inter alia, fair pecuniary and non-pecuniary compensation.
The State must also adopt whatever positive measures are necessary to ensure that
harmful acts such as those involved in the instant case do not recur.202
261. As the term suggests, reparations are the measures that will cause the effect
of the violations committed to disappear. Their nature and amount depend on the
damage caused at both the pecuniary and non-pecuniary level. Reparations cannot
involve enrichment or impoverishment of the victim or his heirs.203 In this regard,
any reparations ordered must be consistent with the violations established.204
262.
In determining reparations in the instant case, the Court must consider the
fact that there were children involved who were very poor and whose human rights
were grievously violated.
263. Another factor this Court must bear in mind is that in the area of new law, an
accusatory criminal justice system has been created in Paraguay that replaced its
former inquisitorial system; juveniles in conflict with the law are no longer treated as
adults. On November 26, 1998, a new Penal Code entered into force; on June 18,
1998, the Code of Criminal Procedure was enacted, and on November 30, 2001, the
Child and Adolescent Code took effect, which describes in detail a special juvenile
justice system and juvenile courts (supra paragraphs 134.57 and 214).
264. In the administrative area, the Project on Holistic Treatment of High-Risk
Juveniles was launched in February 1999; in August 2001, an Inter-institutional Task
Force was created to visit the correctional facilities; then in October 2001, the
National Service for the Treatment of Juvenile Offenders was established. In
addition, changes were made to the Center’s physical infrastructure, mainly in 2001;
on May 10, 2001, the Itauguá Comprehensive Education Center was certified. The
La Salle Comprehensive Education Center was certified in December 2001, but was
later closed.
265. The Court appreciates the State’s initiatives, evidenced by the abovementioned reforms (supra paragraphs 134.57, 214, 263 and 264), as they are a
201
Supra note 200.
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 189; Case of the 19 Tradesmen,
supra note 26, para. 222; and Case of Molina Theissen, supra note 26, para. 42.
202
203
Cf. Case of the 19 Tradesmen, supra note 26, para. 223; Case of Cantos, supra note 59, para.
68; and Case of the Caracazo. Reparations (Art. 63(1) American Convention on Human Rights). Judgment
of August 29, 2002. Series C No. 95, para. 78.
204
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 190; Case of the 19 Tradesmen,
supra note 26, para. 223; and Case of Herrera Ulloa, supra note 29, para. 194.
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