5
7.
The February 4, 2008 private hearing on monitoring of compliance with the
judgment on preliminary objections, merits, reparations and costs delivered in the
instant case, and the documents and statements submitted to that hearing by the
parties.2
8.
The Memorandum of Understanding between the State of Paraguay and one of
the representatives of the victims and their next of kin, in which the State agreed to
adopt a series of measures, within a period of two to six months, for complying with
the still-unmet provisions of the judgment (infra Considering clause 13). The State also
undertook to adopt measures for victims still in custody, in response to a request by
Mrs.Teofista Domínguez, who is a victim and appeared in the private hearing on behalf
of the victims and their next of kin (infra Considering clause 14).
CONSIDERING:
1.
That monitoring compliance with its judgments is a power inherent in the
judicial functions of the Court.
2.
That Paraguay has been a State Party to the American Convention since August
24, 1989 and, in accordance with Article 62 thereof, acknowledged the adjudicatory
jurisdiction of the Court on March 26, 1993.
3.
That, pursuant to Article 68(1) of the American Convention, “[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in any
case to which they are parties.” For such purpose, the States are required to
guarantee that the Court’s orders are implemented in decisions made at the domestic
level.3
2
The Court, in accordance with Article 6(2) of the Rules of Procedure, conducted the hearing by
means of a commission made up of the following judges: Judge Diego García-Sayán, Vice-president; Judge
Sergio García Ramírez and Judge Rhadys Abreu Blondet. The following parties appeared at the hearing: a)
for the Inter-American Commission: Santiago Canton, Delegate, and Juan Pablo Albán A. and Lilly Ching
Soto, advisors; b) for the State of Paraguay: Darío Díaz Camaraza, Public Prosecutor of Paraguay; Arnaldo
Frutos, Deputy Minister for Children; Julio Arriola, Business Attaché of the Republic of Paraguay to the
Government of the Republic of Costa Rica; Edgar Fidias Taboada Ynsfrán, Director General of Human Rights
for the Ministry of Justice and Labor; Francisco Barreiro Perrota, Human Rights Director for the Ministry of
Foreign Affairs; Nury Natalia Montiel Mallada, Human Rights Director for the Supreme Court; Silvio Ortega
Rolón, Human Rights Director for the Ministry of Public Health and Social Welfare; Sonia Chávez Galeano,
Chief of Compliance and Follow-up of Judgments, and Stella Azuaga, Director General of the National Service
for Care of Juvenile Offenders; and c) for the representatives of the victims: Liliana Tojo, of the Center for
Justice and International Law (CEJIL) and Mrs. Teofista Domínguez.
3
Cfr. I/A Court HR. Case of Baena-Ricardo et al. v. Panama. Competence. Judgment of November 28,
2003, Series C No. 104, par. 131; I/A Court HR. Case of Palamara-Iribarne v. Chile. Monitoring Compliance
with Judgment. Order 30 of November, 2007, Considering clause 3; and I/A Court HR. Case of MolinaTheissen v. Guatemala. Monitoring Compliance with Judgment. Order of July 10, 2007, Considering clause 2.