87
a)
the State failed to comply with its duty to respect and ensure the right
to humane treatment in the case of the three thousand seven hundred fortyfour children detained at the Center in the period from August 14, 1996 to
July 25, 2001, their next of kin, the thirty-eight children who were either
burned or otherwise injured in the successive fires at the Center, and the
children who were transferred to adult prisons;
b)
the endless violence to which the State subjected the children at the
Center was a pattern of systematic human rights violations contrary to the
international standards for the protection of children; as a consequence, the
burden of proving whether any of these conditions applied to all the inmates
is reversed;
c)
the conditions of detention at the Center included, inter alia:
overpopulation; overcrowding; commingling of inmates awaiting or standing
trial with those already convicted; lack of sanitary conditions; poor diet; lack
of proper medical, dental and psychological care; lack of adequate education
programs; lack of recreation, lack of fire safety and prevention measures; too
few and poorly trained guards; no control of physical and mental violence;
inhumane treatment and torture, which included the existence of a torture
chamber and solitary confinement cell; lack of disciplinary and criminal
investigation of cases of mistreatment and torture, with the result that such
cases went unpunished; and transfer of children to adult prisons as a form of
punishment or because of lack of space;
d)
the children who were transferred to adult penal institutions endured
conditions that were even worse than those at the Center: the overcrowding
was worse; they had neither ventilation nor natural light; they were forced to
urinate and defecate on the floor and were tortured; and
e)
the State violated the mental integrity of the alleged victims’ next of
kin because of the fear, suffering and anxiety they suffered over the
conditions under which the inmates were living and in their efforts to
ascertain the condition and whereabouts of their children after the successive
fires that left a number of inmates dead or injured, or transferred to adult
prisons.
Pleadings of the State
141. Concerning the violation of Article 19
to Article 1(1) thereof, the State admitted
application and in the Court’s order of June
charges made by the Commission. The State
of the American Convention in relation
to the alleged victims named in the
21, 2002. However, it denied certain
further argued that:
a)
the Center was moved from Emboscada to Asunción to enable families
to visit more frequently and to put more emphasis on socialization programs,
with the support of nongovernmental organizations;
b)
structural problems with the system for handling juvenile offenders
meant that the special protection that this vulnerable sector requires was
completely neglected. However, those structural problems were gradually
corrected, to the point that the Center itself was permanently closed;
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