6
held,” and the file remained at the Children and Adolescents Appeals Chamber, based on the
judgment of first instance.
b. The judge of the original proceedings disqualified herself from the case in question, “forwarding
it to the next corresponding judge, who also disqualified himself, and so on, until it reached the
Second Children and Adolescents Court”;
c. Regarding the procedural time frames, the State’s response indicates that “all the procedural
norms governing the children and adolescents jurisdiction establish a summary procedure,
under which the court of first instance has only six days to issue a decision. In addition, the
courts of appeal have 10 days from the start of the appeal proceedings to deliver a ruling”;28
d) On November 10, 2010, the Commission decided to grant precautionary measures,
after analyzing the situation and “in view of a lack of progress in the proceedings
and the irreparable effects that these delays could cause and were causing, to the
detriment of L.M.” In its communication, the Commission indicated that:
Based on the principle of the best interests of the child, it is appropriate to grant precautionary
measures in the terms of Article 25(1) of [the Commission’s] Rules of Procedure so as to ensure
that the time factor does not become a determining element for the domestic courts, to the
detriment to the rights of the child, L.M. Consequently it asks the Government to:
1. Take the necessary measures to ensure that the proceedings concerning the custody and
care of the child L.M. are decided within three months, and
2. To report on the steps taken to comply with this precautionary measure.
e) On December 29, 2010, in response to the request for precautionary measures, the
State confirmed the existence of the different domestic proceedings relating to this
matter, and the fact that none had achieved a final ruling on the situation and
custody of L.M., or on his contact with his biological nuclear or extended family.29 In
addition, it indicated that “since December this year (referring to 2010), most of the
case files, with the exception of the criminal case file, are at the same court due to
the joinder of actions and to assist the judge in examining them.” In addition, “all
the parties have taken advantage of the rights granted them by law, and have
requested the judicial authorities to make different rulings, which has resulted in
disqualifications, recusals, appeals, discontinuation of appeals, all of which are being
decided at the request of the parties in the different proceedings,” and that “these
are following their normal procedural course”;
f) On February 22, 2011, the representatives of the possible beneficiary submitted
additional information indicating that, in the last three months, the main custody file
has been paralyzed because, owing to the recusals and disqualifications, it had not
been possible to assemble three judges who accepted competence to decide the
appeal filed against the judgment of October 19, 2010. In addition, they indicated
that the contact proceedings initiated in November 2010 remained without a
decision and that, in these proceedings, six judges from the children’s and
adolescents’ jurisdiction had disqualified themselves, which had resulted in a delay
“of around 40 days to begin processing the cases.” They added that, in the
proceedings to challenge the paternity of V.H.R., a DNA test had not been carried
out, even though the latter had asked that it be conducted as soon as possible in
order to end this litigation;
g) On March 26, 2011, a working meeting was held at the seat of the Commission,
attended by the petitioners and representatives of the proposed beneficiary, the
State of Paraguay, and L.S., biological mother of L.M. At this meeting, the
28
Cf. Response of the State of Paraguay to the IACHR of August 23, 2010 (attachment 23 to the request
for provisional measures submitted by the Commission).
29
Cf. Brief of the State of Paraguay to the IACHR of December 29, 2010 (attachment 23 to the request for
provisional measures submitted by the Commission).