Córdoba requested a raid of M.R.G.A.’s home.22
39.
On October 9, 2006, a raid of the home of D’s extended family was ordered. However, neither the child
nor his mother was found.23 On October 11, 2006, Mr. Córdoba requested the First-Instance Juvenile Court of
Caacupé to officially request INTERPOL to search for the child. At the same time, on October 12, 2006, the
Caacupé Court ordered the file to be forwarded to the Duty Criminal Prosecutor’s Office for it to launch an
investigation for “act punishable w/the government - resistance,” given the impossibility of effecting the return.24
40.
On October 18, 2006, Mr. Córdoba requested the Interior Ministry to officially request INTERPOL to
locate D., along with other steps to locate him.25 On November 6, 2006, Mr. Córdoba reported M.R.G.A. to the Fifth
Public Prosecutor’s Office of Mercedes, Buenos Aires, Argentina, for the crime of “child abduction and
concealment.” The Public Prosecutor in charge requested an international warrant for the arrest of D’s mother.26
41.
On January 10, 2007, the First-Instance Juvenile Court of Caacupé reiterated the search order for the
child. The case file contains a note from the Secretariat for Children and Adolescents indicating that on January
19, 2007, a person appeared at the offices of that entity who said she was M.R.G.A “with her son and a man,”
alleging that she and the father were living in the city of Encarnación and “since they hadn’t found us,” she would
call later. According to that entity, that communication was never produced and the child’s father denied having
been the party who had gone to the offices. Therefore, the Court was asked to forward a search order to
INTERPOL in Itapua Department, by note of February 26, 2007.27
42.
On September 26, 2007, the Consulate of Argentina in Asunción requested the court involved to conduct
another raid of the home of the child’s maternal grandparents.28
43.
On April 17, 2008, the First Court of Guarantees of Asunción issued an arrest warrant for D’s mother, “for
purposes of extradition.”29
44.
On May 5, 2008, a raid was ordered of the Atyrá home in order to locate D. However, neither the child
nor his mother was found. On May 7, 2008, the Court reiterated the order to search for and locate the child D. at
the national and international level, in particular, the Atyrá home30
45.
On November 4, 2008, “taking account of [D’s] medical history,” the Juvenile Court of Caacupé requested
the collaboration of the National Secretariat for Children and Adolescents in ordering an interdisciplinary team
to appear at the residence of the child’s mother to provide guidance for the family member regarding Mrs.
M.R.G.A.’s recalcitrant behavior.31
Annex 7. Report on actions set forth in the file titled “[D] S/International Return,” issued by the Judge of the First-Instance Juvenile
Court of Caacupé to the President of the Criminal Chamber of the Supreme Court of Justice, dated November 10, 2008. Petitioner’s
submission dated September 12, 2011.
23 Annex 7. Report on actions set forth in the file titled “[D] S/International Return,” issued by the Judge of the First-Instance Juvenile
Court of Caacupé to the President of the Criminal Chamber of the Supreme Court of Justice, dated November 10, 2008. Petitioner’s
submission dated September 12, 2011, p. 7.
24 Annex 7. Report on actions set forth in the file titled “[D] S/International Return,” issued by the Judge of the First-Instance Juvenile
Court of Caacupé to the President of the Criminal Chamber of the Supreme Court of Justice, dated November 10, 2008. Petitioner’s
submission dated September 12, 2011, p. 8.
25 Annex 12. Submission to the Interior Ministry, of October 18, 2006. Petitioner’s submission dated September 12, 2011.
26 Amicus curiae brief submitted by the Republic of Argentina on October 22, 2009.
27 Annex 7. Report on actions set forth in the file titled “[D] S/International Return,” issued by the Judge of the First-Instance Juvenile
Court of Caacupé to the President of the Criminal Chamber of the Supreme Court of Justice, of November 10, 2008. Petitioner’s submission
dated September 12, 2011.
28 Annex 7. Report on actions set forth in the file titled “[D] S/International Return,” issued by the Judge of the First-Instance Juvenile
Court of Caacupé to the President of the Criminal Chamber of the Supreme Court of Justice, of November 10, 2008. Petitioner’s submission
dated September 12, 2011, p. 11.
29 Annex 13. Official Letter No. 468, issued by the Criminal Judge in charge of the First Court of Guarantees, dated April 17, 2008.
Petitioner’s submission dated January 30, 2009.
30 Annex 7. Report on actions set forth in the file titled “[D] S/International Return,” issued by the Judge of the First-Instance Juvenile
Court of Caacupé to the President of the Criminal Chamber of the Supreme Court of Justice, of November 10, 2008. Petitioner’s submission
dated September 12, 2011.
31 Ibid.
22