37
account in matters that affect his interests. The code also regulates issues relating
to child abuse and neglect, adoption, health, periodic review of the prison conditions,
education, and others. The Code clearly establishes the obligations of the State and
of private persons with regard to children, and a specialized juvenile court system
with specialized juvenile proceedings.
The challenge posed by implementation of the existing laws is much more than a
question of earmarking funds to State agencies that work with juveniles in conflict
with the law. “The poverty in which large sectors of Paraguayan society now live
demands that urgent social policy measures be taken, which are always more
effective than criminal justice policy measures. Any course of action that does not
feature strategies to relieve and eliminate poverty altogether will be doomed to fail.”
In any event, the State urgently needs to earmark funds to improve juvenile
Reeducation Institutes, which still require major improvements and sufficient
qualified staff.
74.
During the public hearing (supra para. 43), the State and the representatives
introduced documents as evidence (supra para. 56).37
75.
When they presented their final written submissions (supra para. 59), the
representatives attached a number of documents as evidence.38
76.
On August 27, 2004, the State presented part of the documentary evidence
that had been requested for better adjudication of the case (supra para. 61).
77.
On August 27, 2004, the representatives presented part of the documentary
evidence that had been requested for better adjudication of the case (supra para.
61).
78.
On August 30, 2004, the Commission presented part of the documentary
evidence that had been requested for better adjudication of the case (supra para.
61).
B) TESTIMONY AND EXPERT EVIDENCE
79.
On May 3 and 4, 2004, the Court held a public hearing where it heard the
testimony of the witnesses and experts offered by the Inter-American Commission
and the representatives (supra para. 43). The following is the Court’s summary of
the pertinent parts of the testimony given by the witnesses and experts.
a)
Testimony of Dionicio Vega, father of Sergio Daniel Vega Figueredo,
deceased former inmate of the Center
The witness’ son’s name was Sergio Daniel Vega Figueredo and he was incarcerated
in the Center for one year and seven months, without ever having been convicted.
He was 16 when he was placed there. Before then, his son “was a normal person”
and did not use drugs.
37
Cf. file of evidence received subsequent to the public hearing held on May 3, 4 and 5, 2004,
supplied by the State and the representatives, volume I, folios 1-105.
38
Cf. file on the merits, volume VIII, folios 2283-2364.
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