5
for a third time, to permanently shut down the Center by no later than late June
2001. The Commission stated that if the facility was not closed by that date, which
it considered final, it would terminate its intervention as organ of friendly settlement
and proceed to process the case in accordance with the Convention.
17.
On July 25, 2001, another fire broke out at the Center; the petitioners
withdrew from the friendly settlement process that same day.
18.
The Commission terminated the friendly settlement process on July 26, 2001.
It asked the State to present its final observations on the merits of the petition
within two months’ time and scheduled a hearing to discuss the case.
19.
On July 30, 2001, the State sent the Commission a report on the July 25,
2001 fire and announced the Center’s permanent closing and the fact that 255
inmates had been moved to various adult prisons in the country.
20.
The petitioners requested precautionary measures for Benito Augusto Adorno,
a child shot by a guard at the Center on July 25, 2001; they also requested
precautionary measures for the 255 children relocated to various adult prisons in the
country as a result of the Center’s closing.
21.
On August 8, 2001, the Commission requested that the State adopt the
following precautionary measures:
1.
Provide the minor Benito Augusto Adorno with the necessary medical care and
medications.
2.
Immediately transfer the juveniles to the Itauguá Education Center, as [the]
government had pledged to the Inter-American Commission on Human Rights, or equip
other facilities to accommodate the juveniles currently being held in adult prisons.
3.
On the timetable for relocating the juveniles being held in adult prisons, make
certain that juveniles now housed in adult prisons are completely segregated from the
adult prisoners.
4.
Facilitate the juveniles’ access to their defense attorneys and family visits.
5.
Investigate the factors that necessitated these measures and punish those
responsible.
22.
On October 24, 2001, the State sent the Inter-American Commission the
information it had requested on July 26, 2001 (supra para. 18).
23.
On November 12, 2001, during its 113th session, the Commission received
news that young Benito Augusto Adorno had died from the bullet wound he sustained
at the Center on July 25, 2001.
24.
On December 3, 2001, the Commission approved Report No. 126/01, on the
merits, wherein it concluded that:
The Republic of Paraguay violated the right to life, protected by Article 4 of the American
Convention on Human Rights, to the detriment of: Elvio Epifanio Acosta Ocampos,
Marcos Antonio Giménez, Diego Walter Valdez, Sergio Daniel Vega Figueredo, Sergio
David Poletti Domínguez, Mario Alvarez Pérez, Juan Alcides Román Barrios, Antonio
Damián Escobar Morinigo, Carlos Raúl de la Cruz and Benito Augusto Adorno.
The Republic of Paraguay violated the right to humane treatment, protected under
Article 5 of the American Convention, to the detriment of: Abel Achar Acuña, José
Milicades Cañete, Ever Ramón Molinas Zárate, Arsenio Joel Barrios Báez, Carlos Raúl de
la Cruz, Alfredo Duarte Ramos, Sergio Vincent Navarro Moraez, Raúl Esteban Portillo,
Ismael Méndez Aranda, Pedro Iván Peña, Osvaldo Daniel Sosa, Walter Javier Riveros
Rojas, Osmar López Verón, Miguel Coronel, César Ojeda, Heriberto Zarate, Antonio