85
a)
the State has incurred international responsibility for violation of the
right to humane treatment of the inmates burned or injured as a result of the
three fires, of all the inmates incarcerated at the Center between August 14,
1996 and July 25, 2001, and those who were subsequently sent to adult
prisons. Its international responsibility has been engaged by its failure to
take the minimum and most elementary measures necessary to ensure the
free and full exercise of that right to personal integrity and to prevent its
violation;
b)
the injured and burned inmates who survived the fires clearly
sustained physical and emotional harm; the State is therefore responsible for
violation of those former inmates’ right to humane treatment; and
c)
time and time again, the State transferred inmates from the Center to
adult penal institutions, particularly after each fire, thereby placing these
transferred children’s personal safety at risk.
That practice violated
international standards on the treatment of children deprived of their liberty.
Pleadings of the representatives
138. Concerning the violation of Article 19 of the Convention, in relation to Article
1(1) thereof, the representatives argued that:
a)
the State violated Article 19 to the detriment of the three thousand
seven hundred forty-four children detained at the Center at one time or
another in the period from August 14, 1996 to July 25, 2001, and those who
were subsequently sent to adult prisons;
b)
the children interned in the Center were in constant danger and at
high risk on three counts: they were children, they were deprived of their
liberty and, from the socioeconomic standpoint, they were all very poor;
c)
the special measures of protection for children imply not only an
obligation to respect their rights, but also to guarantee those rights and to
take positive measures, informed by the principles of nondiscrimination and
the best interests of the child, to ensure that the children are protected from
any form of abuse, whether in their relations with the public authorities, in
their inter-personal relations or their relations with non-State entities;
d)
at the time of the events, not one of the alleged victims had reached
the age of majority. Under the law in effect in Paraguay at that time, the age
of majority was 20, not 18;
e)
the State did not cultivate public policies for the comprehensive
protection of the child: it never adapted its local laws and denied children
certain benefits. The new Child and Adolescent Code took effect in 2001 and
was randomly enforced. The legal counsel that the Public Ministry provided to
the inmates at the Center was in general substandard;
f)
the State did not devise a system for children in conflict with the law
that was tailored to their status as children and that was commensurate with
international principles of juvenile justice;
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