5.
The Order issued by the President on January 23, 2012, in which he
summoned the Inter-American Commission, the representatives and the State to a
private hearing in order to receive information and observations regarding the
implementation of the provisional measures.3
6.
The private hearing held at the seat of the Court on February 20, 2012.4
7.
The brief of February 21, 2012, in which the State reiterated the comments
made during the aforementioned hearing concerning the fact that the custody of the
child had been granted to his maternal grandparents on February 20, 2012, and
therefore it requested that the Court lift the provisional measures.
8.
The brief of February 28, 2012, in which the representatives requested that
the Court “maint[ain] in force the provisional measures until the effective
implementation” of the decision made at the domestic level with regard to the
custody of the child “was verified.”
9.
The communication of March 19, 2012, in which the Commission observed,
inter alia, that further information was required regarding “the effective
implementation of [that] judicial decision, in terms of the real and specific
circumstances of [the child] LM.”
10.
The brief of March 19, 2012, in which the representatives requested the
lifting of the provisional measures.
11.
The communication of March 30, 2012 in which the Inter-American
Commission “considered appropriate that the provisional measures be lifted, under
the terms requested by both parties.”
12.
The note of the Secretariat of April 9, 2012, recording the fact that the State
did not submit the observations requested on March 1, 2012 by the full Court,
neither within the established term, nor within the additional term granted through
the note of the Secretariat of March 23, 2012.
CONSIDERING THAT:
1.
Paraguay is a State Party to the American Convention on Human Rights
(hereinafter the “American Convention”) since August 24, 1989 and recognized the
obligatory jurisdiction of the Court on March 11, 1993.
2.
Article 63(2) of the American Convention establishes that:
3
Cf. Matter of LM. Provisional Measures regarding Paraguay, Order of the President of the InterAmerican Court of January 23, 2012. http://www.corteidh.or.cr/docs/medidas/lm_se_02.pdf
4
The following individuals appeared at the hearing: a) for the Inter-American Commission: Silvia
Serrano Guzmán; b) for the representatives of the beneficiary: Lilliana Tojo, Celina Giraudy and Josefina
Desinano of CEJIL, Alejandra Rodríguez of the organization “Centro por los Derechos de la Infancia y la
Adolescencia” (Center for the Rights of Children and Adolescents), and Leticia Sandoval, and c) for the
State of Paraguay: Oscar Llanes, Ambassador of Paraguay in Costa Rica; Inés Martínez, Human Rights
Director of the Ministry of Foreign Affairs; Nury Montiel, Director of Human Rights of the Supreme Court of
Justice; Ricardo González, advisor of the “Secretaría Nacional de Niñez y Adolescencia” (National
Secretariat for Children and Adolescents), Salvador Meden Peláez, of the Embassy of Paraguay, and Renzo
Cristaldo, Representative of the Attorney General’s Office.
2