103
k)
the statute regulating the prison system has not been revised, despite
the fact that the State acknowledges the need for its revision. Nor does
Paraguay have a Law on Enforcement of Criminal Judgments.
Pleadings of the State
199. In the case of Article 2 of the Convention, the State argued that prior to 1998
Paraguay did not have a criminal justice system that emphasized guarantees and
that provided a special proceeding for juveniles; nor did its juvenile justice code
conform to international standards governing this subject; however, its fulfillment of
its obligation to adopt domestic measures was “beyond question,” given the new
laws that began to be introduced with penal and judicial reform in Paraguay starting
in 1997, one year after the present case was submitted to the Commission.
200.
In the case of Article 8 of the Convention, the State reasoned that:
a)
in the petition of generic habeas corpus it filed, the Tekojojá
Foundation, the original complainant, acknowledged that the minors were
lawfully deprived of their liberty;
b)
it complied with its obligation under Article 8(2)(e) of the Convention,
to provide legal counsel to the inmates at the Center. Most of the inmates at
the Center turned to the Ministry of Public Defense to be assigned defenders,
who provided legal assistance to ensure effective procedural guarantees and
due process of law; and
c)
the Commission has utterly failed to demonstrate that the State
violated Article 8(2)(c) of the Convention, a right that every accused person
has to be provided with adequate time and means for the preparation of his
defense.
Considerations of the Court
201. Given the particulars of the instant case, the Court will analyze Articles 2 and
8(1) of the American Convention in combination and in relation to Articles 19 and
1(1) thereof. The Court will spell out the State’s obligations under Article 2 of the
Convention and then analyze them in the context of the judicial guarantees that the
Convention provides for children in conflict with the law.
202. First, this Court has already established that the alleged victims or their legal
representatives can assert or invoke new rights in their brief of pleadings and
motions (supra para. 125), which was done in the case of Article 2 of the American
Convention.
203.
Article 2 of the Convention provides that:
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention,
such legislative or other measures as may be necessary to give effect to those rights or
freedoms.
204.
Article 8(1) of the American Convention, for its part, provides that:
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos