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violation of the Convention on the Rights of the Child. However, treating minors the
same as adults is indeed a violation of the Convention on the Rights of the Child. In
that sense, if imputability means that minors are treated the same as adults, then to
charge a minor as an adult and punish him accordingly would be a violation of the
spirit and the letter of the Convention on the Rights of the Child. In Latin America,
the concept of imputability has been replaced by the concept of criminal
responsibility, where the violations of criminal law that juveniles commit are
described in the Penal Code. In that sense, there is no juvenile crime. Paraguay has
made progress in this regard; the penal consequences are different in the case of
juveniles.
Implementation of a law on juvenile criminal responsibility can result in measures of
two kinds: those that involve deprivation of liberty and those that do not. The State
has a non-transferable, exclusive monopoly on responsibility for those deprived of
their liberty.
i)
Expert testimony of Ana Clerico-Deutsch, psychologist
In clinical encounters with some of the survivors of the fires at the Center, the
witness was able to observe and evaluate the young people for the psychological and
emotional harm that they suffered and continue to suffer. The trauma that these
children experienced was twofold: the first was the trauma of being interned in the
Center where, because of conditions there, the children endured deprivation in such
areas as hygiene and food, and in other things related to daily life. The children
were virtually unanimous on one point: they were treated “like animals” at the
Center. The emotional and psychological impact of living in conditions of that kind is
severe: children feel humiliated and degraded by the way they are treated day after
day. The second trauma involves the use of corporal punishment, which the children
reported was excessive and arbitrary. The corporal punishment frequently amounted
to torture; for the slightest reason, the children were taken to a special room where
they were tortured. This is perhaps the most extreme form of mistreatment and
abuse, and these children were exposed to it every day.
Solitary confinement as a form of punishment for a juvenile is unthinkable,
devastating, and utterly unacceptable.
As a form of punishment, solitary
confinement does nothing to modify the behavior being punished. The child will be
no better off because of this form of cruel punishment. He is left alone with his own
thoughts, his own anger, his own sense of defenselessness, powerless to do
anything, simply biding time until that moment when he can “go crazy.” If children
punished in that fashion never go to that extreme, it is because at some time in their
lives, their mothers or fathers were able to provide them with the basic personality
structure that prevented the psychotic break.
Torture is “the most blatant negation of the essence of the human being […] it is the
ultimate in human corruption.” Torture has long-term effects that, if not treated,
can have adverse consequences on one’s mental health. Those consequences are
much more severe in the case of children and adolescents, because their psyches are
still very vulnerable and their personalities and defense mechanisms are still not
mature enough to be able to withstand torture. Another serious consequence of
torture for children is that it makes them distrustful of the adult world, and they end
up holding themselves in very low regard. Some said that they sometimes had
suicidal thoughts.
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