98
for violation of Article 4(1) of the American Convention, in relation to Article 1(1)
thereof, read in combination with Article 19 of the Convention, to the detriment of
the inmates named above.
180. The Court would like to make special reference to three children in
particular,174 who died at Paraguayan penal institutions but not as a result of the
fires at the Center, and whose deaths are alleged to have engaged the State’s
responsibility for violation of their right to life:
a)
the deaths of Richard Daniel Martínez and Héctor Ramón Vázquez
181. On September 10, 2001, Richard Daniel Martínez, age 18, died from a wound
inflicted by a blade in the juvenile cellblock at the Emboscada Regional Penitentiary
for adults (supra para. 134.46). On March 14, 2002, Héctor Ramón Vázquez, age
17, was stabbed in the same penal institution and died on March 15, 2002 (supra
para. 134.47). Both deceased inmates had been transferred from the Center to the
Emboscada adult prison after the Center was closed (supra para. 134.47).
182. The State argued that it did not violate the right to life of these two juveniles,
as they died in fights between inmates in Emboscada’s Juvenile Cellblock, as a result
of wounds inflicted by home-made weapons. The State added that they were given
immediate treatment and that everything possible was done to save their lives.
183. The comments concerning the conditions in which the inmates were kept
(supra para. 134.3 a 134.24), which created a climate conducive to acts of violence,
and the comments concerning the inmates who died as a result of the fires (supra
paragraphs 177 to 179), are just as relevant and pertinent in the case of the deaths
of Richard Daniel Martínez and Héctor Ramón Vázquez.
184. As previously pointed out, the State has an obligation to guarantee the right
to life and the right to humane treatment of the inmates interned in its penal
institutions (supra para. 151). Therefore, even though no State agent appears to
have been the immediate cause of the deaths of the two juveniles incarcerated in the
Emboscada penitentiary, the State had a duty to create the conditions necessary to
avoid, to the maximum extent possible, fighting among inmates. The State did not
fulfill that obligation and thus incurred international responsibility for the deaths of
juveniles Richard Daniel Martínez and Héctor Ramón Vázquez, thereby violating
Article 4(1) of the Convention, in combination with Articles 1(1) and 19 thereof.
b)
the death of Benito Augusto Adorno
185. In its brief answering the application and then again in its final oral and
written submissions, the State admitted to its violation of Article 4 of the Convention
in the case of the death of Benito Augusto Adorno, an inmate who was shot by a
staff member at the Center on July 25, 2001, and then died on August 6, 2001
(supra para. 134.35).
186. The Court therefore concludes that the State is responsible for the death of
the juvenile Benito Augusto Adorno, and thus violated Article 4(1) of the American
Convention, in relation to Articles 1(1) and 19 thereof.
*
174
Under the law in force at that time, the age of majority was 20 (supra note 149).
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