5
Cooperation Agreement between the Ministry of National Defense and the Asociación
de Familiares Víctimas del Servicio Militar Obligatorio [Association of Relatives of
Victims of Obligatory Military Service] (AFAVISEM) on July 30, 2008, which provides
for the provision medical care to the soldiers who were injured and effected by
Compulsory Military Service, as well as to the families of deceased soldiers, by the
Central Hospital of the Armed Forces of the Nation. Furthermore, it indicated that the
Human Rights Unit of the Ministry of Public Health and Social Welfare was created,
which "channels requirements that arise in the area of health," and "already has the
background facts for the case, so as to offer appropriate treatment when faced by any
eventuality."
15.
The representatives noted that "[t]he information provided by the State does
not account for effective compliance" as "an agreement exclusively for the "parents,
spouses and minors of military personnel killed or left disabled in the act of duty" and
limited only to certain medical benefits [...] does not satisfy the State's obligations."
They further stated that the hospital is based in Asunción, thus it "can hardly be useful
for the provision of efficient care to victims in this case who live in Bel[l]a Vista Norte,
some 570 km away from Asuncion." Finally, it indicated that at a meeting held in
February 2009, the State pledged to oversee the health care in the public hospital in
the city of Pedro Juan Caballero.
16.
The Commission noted that the State must take significant action to give
profound and adequate attention to all the victims identified in this case, and noted
"worryingly that more than three years after the Judgment were issued, the State had
failed to comply with these important reparation measures."
17.
The President believes that the Court needs more information on the measures
taken to effectively comply with the reparation measure concerning medical,
psychological and psychiatric care, including the form and manner in which the due
treatment will be provided to the victims, and the difficulties encountered and how
they can be resolved.
*
*
*
18.
With regard to the obligation to establish training programs and courses on
human rights for all members of the Paraguayan Armed Forces (operative paragraph
twelve of the Judgment), the State reported that under the "Chief Program on
Human Rights and Humanitarian Law Education," adopted in 20025, various institutes
that make up the Commando Military Institute of Education of the Army have been
implementing programs that material on human rights and international humanitarian
law. These courses are aimed at officers, cadets, noncommissioned officers (NCO's),
and NCO and soldiers candidates. The topics are addressed "through lectures, talks,
conferences, seminars, discussions and assessments," and use the basic text "ME 33400 Humanitarian Standards Manual - Human Rights and International Humanitarian
Law in Armed Forces." Finally, it noted that the educational material titled "Soldier's
Guide" and "Human Rights ... everyone’s duty" has been distributed.
19.
The representatives stated that the information provided by the State does not
reveal whether the human rights courses being offered to all students of the various
5
Cf. Case of Vargas Areco v. Paraguay. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of October 30, 2009, Considering Clause 25.