10.
Regarding the information and comments submitted by the parties with respect
to the possible exhumation of Gerardo Vargas Areco’s remains, the Court recalls, first
of all, that the Judgment found that the investigation into the extrajudicial execution
of Gerardo Vargas Areco and his alleged torture was not carried out in an effective and
complete manner. In particular, it found that the State failed, as of March 26, 1993, to
comply with its duty to carry out an exhumation of Vargas Areco’s body and perform
an autopsy in order, where possible, to resolve whether torture had effectively taken
place.7
11.
Nevertheless, given that 22 and a half years have passed since the
extrajudicial execution of Gerardo Vargas Areco, before beginning any procedure it
would be crucial to evaluate the pertinence of carrying out an exhumation, by way of
obtaining the expert opinions of forensic professionals who are objective, independent
and impartial, especially taking into account the amount of time that has passed as
well as the feasibility of collecting specific evidentiary material that could indicate
whether the remains of Vargas Areco present bone injuries that could be related to
acts of torture. Likewise, the Court agrees with the Commission in the sense that the
measure should only be taken as part of a clear line of investigation and must be
implemented with adequate technical and human resources, and guaranteeing the due
participation and presence of the victims.
12.
The Court awaits updated, detailed and complete information on the new
procedural steps being taken in the framework of the investigations in progress,
investigations that must be oriented toward "exhausting lines of investigation
connected with all persons who allegedly participated in the alleged acts of torture and
subsequent execution of the Vargas Areco child,”8 as well as to identify, determine
responsibility of, and punish all those responsible for the violations committed in this
case, for the penal and any other consequences that may result from the investigation
of the facts. On submitting that information, the State must also submit a copy of the
corresponding documentation.
b)
Obligation to provide medical, psychological and psychiatric
treatment, as appropriate, to De Belén Areco Pedro Vargas, and Juan,
María Elisa, Patricio, Daniel, Doralicia, Mario, María Magdalena,
Sebastián and Jorge Ramón, all whom have the surname Vargas Areco,
if they so require, and for the time needed (eleventh operative
paragraph of the Judgment)
13.
The State indicated that the Ministry of Public Health and Social Well-being
provided identification cards to members of the Vargas Areco family that allows them
access to preferential and personalized treatment. In this regard, it explained that the
Ministry of Health sent a note to the director of the Amambay Department Health
Region (responsible for the area where the victims have their domicile) to duly inform
on the background of the case. In addition, it reported that previously, “a complete
7
Cf. Case of Vargas Areco v. Paraguay. Merits, Reparations, and Costs. Judgment of September 26,
2006. Serie C No. 155, para. 90.
8
Case of Vargas Areco v. Paraguay. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of November 24, 2010, tenth considering paragraph.
5