25
When her son was released from the hospital, he was “like a baby” at home; they
had to feed him because he couldn’t “manage on his own.” Twice a week her son
went to the burns center for treatment. Later he had surgery.
The witness asked the Court to order “restorative” or plastic surgery for her son, to
restore her son’s mobility and correct and relieve his burns. She also asked that her
son be “rehabilitated of all the after-effects, including the respiratory” after-effects.
She would alike like her son to be able to study, as he has been unable to go to
school and she does not have the means to make that possible. The witness lives in
a property that belongs to someone else; she would like a house of her own, where
she has a better chance of finding work.
72.
On April 18, 2004, the representatives informed the Court that witnesses
Pedro Iván Peña and Raúl Esteban Portillo would not “be attending the […] hearing.”
On April 26, 2004, with the Court’s permission (supra para. 48), the representatives
sent a video and transcripts of the statements made by Pedro Iván Peña and Raúl
Esteban Portillo. That video and the transcripts were not sworn in the presence of a
person legally authorized to authenticate statements and documents.35
The
following is the Court’s summary of the pertinent parts of those statements:
a)
Testimony of Pedro Iván Peña, former inmate at the Center
The witness was 17 when he was placed in the Center. It was a hellish place and
truly overwhelming. Most of the inmates were between 15 and 18. The place was
small but housed 300 inmates, almost all of them behind bars and separated into
cellblocks. The inmates of each cellblock were let out for 15 minutes of recreation.
The guards routinely hit the inmates if they failed to return to their cells quickly after
playing a game of soccer. The inmates didn’t eat because the food was terrible.
However, if visitors left them a little money, they could buy food at a little canteen.
It was “pig’s slop”. He often got sick from the food.
The inmates endured brutal physical abuse. The prison staff treated the inmates like
“animals.” They used any pretext to hit the inmates on the hands, the feet, and the
head; at times, they put them in an underground cell and chained them up. The
trash littered in the underground cell attracted rats. He never saw a physician. The
place was like a zoo when he tried to sleep. He and a friend had to take turns: one
would sleep in the bed while the other slept on the floor. It was “a corral”. He took
the first course at the Center’s school. He doesn’t remember what month it was
when he was finally released. All this left him traumatized.
He was in the fire on Friday, February 11, 2000 and was lucky not to have died. He
suffered third-degree burns on his face, chest, back and nose. He doesn’t know
what happened in the fire, because he passed out and regained consciousness only
in the hospital. His sister did not recognize him because he was bandaged and
unable to speak. He spent two weeks in the hospital and was then moved to the
Tacumbú infirmary.
They then ordered his release and he left.
He needed
treatment, but got none. Little by little he regained his speech. His family is poor
and does not have means. The fire and the Center left him mentally scarred. He has
no future and is in bad shape.
35
Cf. file of written statements supplied by the State, the Inter-American Commission and the
alleged victims’ representatives, volume I, folios 264-289.