7
IV
PROCEEDING BEFORE THE COURT
28.
The Commission filed an application with the Court on May 20, 2002, and
designated Messrs. José Zalaquett and Santiago A. Canton as its delegates, with
Ariel Dulitzky, Ignacio Álvarez and Mary Beloff as legal advisors.
29.
Once the President of the Court (hereinafter “the President”) had made a
preliminary review of the application, on June 25, 2002 the Secretariat of the Court
(hereinafter “the Secretariat”) notified the respondent State of the application and its
appendixes and advised it of the deadlines for answering the application and for
designating its representation in the case. That same day, by instruction of the
President, the Secretariat advised the State of its right to appoint a Judge ad hoc to
participate in the deliberations on the instant case.
30.
On June 21, 2002, the Court issued an order wherein it admitted the
application filed in the instant case with regard to the persons named in the
application. The Court also asked the Commission to identify by name, within three
months, “the children and adolescents confined in the ‘Panchito López’ Juvenile
Reeducation Institute between August 1996 and July 2001, and subsequently
remanded to adult prisons in the country.” It advised the Commission that if that
information was not provided the case would still go forward, but only those persons
named in the application would be regarded as the alleged victims in the case.
31.
On June 27, 2002, pursuant to Article 35(1)(d) and (e) of the Rules of Court,
the Secretariat sent CEJIL, as original claimant in the case before the Commission
and as representative of the alleged victims, notification that the application had
been filed so that, pursuant to Article 35(4) of the Rules of Court,23 it might present
its brief of pleadings, motions and evidence (hereinafter “brief of pleadings and
motions”) within a period of 30 days.
32.
On July 18, 2002, the State designated Mr. Julio Duarte Van Humbeck as its
Agent, and Mr. Mario Sandoval as its Alternate Agent.
33.
On July 31, 2002, after being granted an extension, the State designated Mr.
Víctor Manuel Núñez Rodríguez as Judge ad hoc in the instant case. It also provided
a new address for official receipt of all pertinent communications.
34.
On September 19, 2002, the Commission sent a “complete list of the names
of the inmates at the Panchito López Juvenile Reeducation Institute between August
1996 and July 2001.” This was the list that the State had sent to the Commission on
August 26, 2002. The Commission stated further that it was in the process of
developing a single database, which it would send to the Court “as soon as possible.”
On October 2, 2002, the Secretariat asked the Commission to re-send certain pages
of that list that were illegible. On October 4, 2002, the Commission reported that
the copies it provided to the Court were the only ones it had in its possession. The
Commission therefore petitioned the Court to order the State to forward those pages
to the Court, as they were official documents prepared by the Paraguayan
authorities.
23
Rules of Procedure approved by the Inter-American Court of Human Rights during its XLIX
regular session, by order dated November 24, 2000, which entered into force on June 1, 2001. This
article and others were amended by the Court at its LXI regular session by order dated November 25,
2003. The amendment took effect on January 1, 2004.