113
b)
the juveniles did not have a simple and prompt recourse to competent
judges or courts in the event that their physical, mental and moral integrity,
liberty or security was in danger in a juvenile Reeducation Institute;
c)
the petition of habeas corpus filed on their behalf and granted, was
paralyzed for two years, reviewed and then delayed for another year before a
ruling was issued, which meant that they did not obtain the “brief and
summary” finding that Paraguay’s Constitution requires;
d)
the writ of habeas corpus was ineffective, as the State authorities did
not comply with the ruling ordering the transfer of the alleged victims to a
proper center, nor were those measures supervised by the court, as the court
that granted the writ had ordered;
e)
the anachronistic system in place prevented effective supervision of
the court ruling and continual review of the sanctions imposed;
f)
the remedies attempted to ascertain the authorities’ blame for the
human rights violations at the Center were ineffective; and
g)
the investigations into the cause of the fires, the deaths and the
injuries that resulted from those fires produced no concrete findings.
Pleadings of the representatives
236. In the case of Article 25 of the American Convention, in relation to Article
1(1) thereof, the representatives alleged that:
a)
the State violated that article of the Convention, read in combination
with Article 19 thereof and the corresponding Articles of the Convention on
the Rights of the Child, by maintaining a juvenile justice system that violated
the guarantees of due process;
b)
special measures of protection were needed during the juveniles’ cases
and the State’s discretionary authority should have been restricted;
c)
the judicial protection required under Article 25 of the Convention
applies not just to differences between adults, but also when settling disputes
involving children and adolescents, and to proceedings or procedures for
determining their rights or situations;
d)
no prompt and effective remedy was available to defend the rights of
minors;
e)
the State never complied with the court ruling that granted a writ of
generic habeas corpus (which took five years to get through the judicial
system) and ordered that all the alleged victims be taken to a proper
detention facility. The situation was particularly serious, since the lives and
physical integrity of the juveniles on whose behalf the writ was granted were
at stake;
f)
the remedies attempted to ascertain the authorities’ blame for the
human rights violations at the Center were ineffective;
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos