30.
As for the obligation to adapt domestic legislation on recruitment of children under
18 years of age in the armed forces of Paraguay, in accordance with the relevant
international standards (operative paragraph fourteen of the Judgment), the State indicated
that it has complied fully with this point. In this regard, in addition to measures already
reported,22 the State added that on May 20, 2008, Law 3485 was passed, which amends
Law No. 123/52 for the Centros de Instrucción Militar para Formación de Estudiantes de
Reserva [Military Education Centres to Train Standby Students] (hereinafter "CIMEFOR"),
setting forth in Article 10 that "special Military Instruction course and Training of Officers
and Standby Noncommissioned Officers" is directed at students who are citizens over
eighteen years of age."
31.
The representatives stated that the information provided by the State accounts for
"full compliance with [this] obligation." The Commission, meanwhile, considered this point
to be complied with and stressed the importance of this legislative reform, while stressing
the need to verify the “effective implementation of the amended legislation on voluntary
recruitment of minors under 18 years of age."
32.
In the Judgment (supra Having Seen 1), the Court determined that since the date of
issuance, "it ha[d] not been informed about the amendment of law 569/75 ('Compulsory
Military Service ') or law 123/52 (relating to CIMEFOR),it [was] necessary to order the State
to ame[nd] its domestic legislation on the recruitment of children under 18 years of age in
the Armed Forces of Paraguay, in accordance with the relevant international standards."23
33.
In this regard, Law 3360 of November 2, 2007, which annuls Article 10 and amends
Article 5 of Law 569/75 "On Compulsory Military Service," in the relevant part of the
amendment of Article 5 it stipulates that "[i]n no circumstances may the provision of
services be admitted before the age of eighteen." Furthermore, Law 3485 of May 20, 2008,
amending the Law 123/52 of CIMEFOR, in the relevant part of the amendment of Article 10
sets forth that "[t]he special Military Instruction course and the courses to Train Officers and
Standby Noncommissioned Officers are targeted at students who are citizens over eighteen
years of age." As such, the above amendments of the Paraguayan legal system set 18 as
the minimum age for compulsory military service and for the special Military Instruction
courses and courses to Train Officers and Standby Noncommissioned Officers.
34.
The changes to the Paraguayan legal system resulted in the expulsion from the
internal legal order of the rule that allowed the Defensores de Incapaces [Defenders of the
Incapable] and, subsequently, the Judges of the First Instance of the Juvenile Court, to
grant permission for children under 18 years of age to enter CIMEFOR.24 However, in
relation to the Commission's comments on the amended legislation, without denying the
possibility that in practice the legal operators might give the new legislation an
interpretation contrary to the purposes that led to its issuance, the Court urges the State to
monitor, at all times, that the rules whose contents have been adapted to the American
22
Cf.Case of Vargas Areco, supra note 20, Considering Clause thirty-three and thirty-six.
23
Cf. Case of Vargas Areco, supra note 7, para. 164.
24
In the Judgment on the merits, the Court held that "Article 36 of Law No. 569/75 authorizing [ed] a
special regime in relation to Military Education Centres to Train Standby Students (CIMEFOR), which creat[ed] the
possibility for students that [had] passed the fourth year of secondary school to give military service for 5-week
period during the school holidays. To enter CIMEFOR it was necessary, up until March 2000, to have the
authorization from the Defenders of the Incapable and, from April of that year, the Judges of First Instance of the
Court of Minors." Cf. Case of Vargas Areco, supra note 7, para. 71.25.