70 General observations on the law in Paraguay and how it affected the inmates at the Center 134.18 The previous Code of Criminal Procedure was still in effect between 1996 and 2000, and applied to adults and children alike. Preventive detention or detention pending trial was the rule rather than the exception.86 The new Code of Criminal Procedure, which took full effect in 2000, provides that preventive detention should be used only in exceptional cases.87 Nevertheless, this provision has not been fully enforced.88 134.19 The vast majority of the Center’s inmates were awaiting or standing trial, but had not yet been convicted.89 134.20 The inmates awaiting or standing trial and still not convicted by a court of law were not separated from the inmates who had been convicted.90 134.21 Of all the inmates in the Center between August 14, 1996 and July 25, 2001, at least 153 were, when they entered, adults under the law in effect at the time (infra para. 134.58). Of these, 118 were 20 years old when they entered; 28 were 21 when they entered; five were 22, one was 23 and another was 24.91 These adult inmates were not segregated from the inmates who were minors.92 86 Cf. expert testimony given by Mr. Pedro Juan Mayor Martínez at the Office of the Chief Government Notary of the Republic of Paraguay, March 25, 2004 (file of written statements supplied by the State, the Inter-American Commission and the alleged victims’ representatives, State’s appendix, folio 163). 87 Cf. Articles 234 to 236 of the Code of Criminal Procedure. 88 Cf. expert testimony given by Mr. Luis Emilio Escobar Faella before the Inter-American Court of Human Rights during the public hearing held on May 5, 2004. 89 Cf. Report of July 21, 1999, prepared by the Office of the Director General of Penal Institutions in Paraguay, concerning penal institutions in Paraguay (file of appendixes to the application, appendix 1-A, folio 4); and Amnesty International article titled: “Panchito López Juvenile Detention Centre: An opportunity for the Government of Paraguay to meet its promises” AI Index: AMR 45/004/2001, April 2001 (file of appendixes to the application, appendix 21, folio 328). 90 Cf. Amnesty International article titled: “Panchito López Juvenile Detention Centre: An opportunity for the Government of Paraguay to meet its promises” AI Index: AMR 45/004/2001, April 2001 (file of appendixes to the application, appendix 21, folio 328); excerpt from the book titled “Casas de Violencia. Situación carcelaria en el Paraguay”, by Jorge Rolón Luna (file of appendixes to the brief of preliminary objections, answer to the application and observations on the pleadings and motions, volume IV, appendix 41, folio 1602); April 26, 2002 communication from the State to the Inter-American Commission (file of appendixes to the application, appendix 4, folio 125); testimony given by young Francisco Ramón Adorno in the presence of a person with legal authority to authenticate documents, March 26, 2004 (file of written statements supplied by the State, the Inter-American Commission and the alleged victims’ representatives, Commission’s appendix, folio 179). 91 Cf. Combined list, dated November 19, 2001, which the Commission sent to the Court containing information on the persons who were inmates at the Center in the period from August 14, 1996 to July 25, 2001 (file on the merits, volume V, folios 1313-1435). 92 Uncontested fact.

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