82
circumstances of the death of Benito Augusto Adorno, who died from a bullet wound
on August 6, 2001 (supra para. 134.35).145
134.56
In the case of the death of young Benito Augusto Adorno (supra para.
134.35), a judicial inquiry was launched in which guard Francisco Javier González
Orué was blamed for the youth’s death. On August 12, 2002, a criminal court judge
cleared the guard of any blame on the grounds that it had not been proved that the
bullet that killed young Benito Augusto Adorno came from Mr. González Orué’s
weapon.146
The reforms introduced by the State
134.57
The State has introduced a number of legislative, administrative and
infrastructural changes with regard to children in conflict with the law in Paraguay
(infra para. 214). Prominent among these are the establishment of a new Code of
Criminal Procedure, Policy Decision No. 214 regulating the functions of the Juvenile
Trial and Sentencing Courts, a Child and Adolescent Code, and the creation of
alternative centers for children in conflict with the law.147
134.58
In June 2003, the State made 18 the age of majority, thereby
amending the law that had been in force at the time of the events in this case and
under which 20 was the age of majority.148
Representation of the alleged victims and their next of kin in proceedings before the
inter-American system for the protection of human rights and expenses associated
with that representation
134.59
In the domestic proceedings and in the proceedings before the InterAmerican Commission, the alleged victims and their next of kin were represented by
the Tekojojá Foundation; in the proceedings before the Commission and the Court,
they were also represented by the Center for Justice and International Law.
145
Cf. Prosecution case file No. 9199, titled “Inmate Riot” on July 25, 2001 (file of appendixes to the
brief of preliminary objections, answer to the application and observations on the pleadings and motions,
appendix 24, volume III, folios 873-978); testimony given by Messrs. Walter Abel Mererles Congo, Javier
González Orué, Olivero Olmedo Osorio and Pedro Ganoso Silva at the Public Ministry (file of appendixes to
the application, appendix 16, folios 250-251).
146
Cf. Court case file No. 11212001 9859 Francisco Javier González Orué, manslaughter. (file of
appendixes to the brief of preliminary objections, answer to the application and observations on the
pleadings and motions, appendix 10, volume I, folios 135-226, especially folio 225).
147
Cf. May 10, 2001 Decision No. 25, in which Lic. Ana María Guerra de Casaccia, Director of Youth
and Adult Education, authorizes “the opening and operation of the Itauguá Education Center M/77 in Zone
D, Central Department” (file of appendixes to the brief of preliminary objections, answer to the application
and observations on the pleadings and motions, appendix 3, volume I, folio 58); March 2002 report that
the Ministry of Justice sent to the Inter-American Commission concerning the measures taken by the State
to comply with the recommendations made by the Inter-American Commission on Human Rights in its
“Third Report on the Situation of Human Rights in Paraguay” (file of appendixes to the brief of preliminary
objections, answer to the application and observations on the pleadings and motions, appendix 11,
volume I, folio 227).
148
Law No. 2169, June 27, 2003.
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