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which people were killed and injured, especially when either malice or
negligence was involved. It would, therefore, be “unjust” to compensate the
former inmates of Cellblock No. 8 and their next of kin since one or several of
them was or were the cause of the fire, “with premeditation and malice
aforethought.”
143. In the case of Article 5 of the Convention in relation to Article 1(1) thereof,
the State argued that:
a)
it did admit to responsibility with regard to detention conditions
incompatible with human dignity and with regard to the violation of Article 5,
paragraphs 1, 2, 4, 5 and 6, to the detriment of the alleged victims named in
the brief of application and in the Court’s June 21, 2002 order;
b)
the Center had an educational program and ongoing sports program
for all inmates;
c)
it prohibited solitary confinement as a form of punishment;
d)
a lack of means made it difficult to segregate juveniles awaiting or
standing trial from those already convicted. Nonetheless, efforts were being
made to comply with that requirement;
e)
the practice of incarcerating juveniles in the Juvenile Cellblock at the
Emboscada adult prison was not a form of discipline; instead, inmates placed
there “d[id] not have the proper profile to fit into the social and educational
model developed at the Education Centers”;
f)
the overpopulation, crowding, slow pace of court cases, and the high
percentage of inmates never convicted are uncontested facts. There is
sufficient documentary evidence from official sources detailing the
inadequacies of the State prison system. What has to be proved, however,
are the human rights allegedly violated in each individual case; the alleged
victim must be identified clearly and conclusively, not in some general and
ambiguous way;
g)
the operation of the Itauguá Education Center and the La Esperanza
Penal Farm and, in its time, the former La Salle Education Center, coupled
with the establishment of the National Service for the Treatment of Juvenile
Offenders (SENAAI) were wise moves on the State’s part and helped to
improve the lot of children in conflict with the law;
h)
under the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, juveniles in detention awaiting trial can be
held in adult penal institutions, provided they are held in a separate part of
the adult institution. The State looked for a way to ensure that minors
transferred from the Center would have no contact with the adult inmates
while at the Emboscada prison. However, there may have been exceptions
where such contact did take place; and
i)
the United Nations Rules for the Protection of Juveniles Deprived of
Their Liberty provide that “The Rules shall be implemented in the context of
the economic, social and cultural conditions prevailing in each Member State.”
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