6
Escobar, Francisco Noé Andrada, Jorge Daniel Toledo, Pablo Emmanuel Rojas, Sixto
González Franco, Francisco Ramón Adorno, Antonio Delgado, Claudio Coronel Quiroga,
Clemente Luis Escobar González, Julio César García, José Amado Jara Fernando, Alberto
David Martínez, Miguel Angel Martínez, Osvaldo Espinola Mora, Hugo Antonio Quintana
Vera and Juan Carlos Vivero Zarza, Eduardo Vera, Ulises Zelaya Flores, Hugo Olmedo,
Rafael Aquino Acuña, Nelson Rodríguez, Demetrio Silguero, Aristides Ramón Ortiz B. and
Carlos Raúl Romero Giacomo, by virtue of the injuries they sustained and the fumes
they inhaled during the three fires. It also violated the right to human treatment in the
case of all the children and adolescents held at the ‘Panchito López’ Center between
August 1996 and July 2001 and subsequently transferred to the country’s adult prisons.
The Republic of Paraguay violated the rights protected in Article 5 (right to humane
treatment), Article 7 (right to personal liberty), Article 19 (the rights of the child), Article
8 (the right to a fair trial), and Article 25 (right to judicial protection) of the American
Convention, to the detriment of the children and adolescents interned at the ‘Panchito
López’ Juvenile Reeducation Institute between August 1996 and July 2001 and
subsequently sent to adult prisons in the country. Because of those violations, the
Paraguayan State has failed to honor its obligation under Convention Article 1(1), which
is to respect those rights and ensure their free and full exercise to all persons subject to
its jurisdiction.
25.
Based on the foregoing findings, the Commission recommended that the
State:
1.
Immediately transfer the children and adolescents to proper centers separate
from adult prisons, but discount this measure as a long-term solution to the problem of
where to house juvenile detainees.
2.
Adopt the necessary measures to put the Child and Adolescent Code into full
effect immediately.
3.
Adopt the necessary measures to guarantee children and adolescents an
effective right of defense, to reduce the length of time they are held in preventive
custody and make greater use of alternatives to deprivation of liberty.
4.
Adopt the measures needed to investigate the violations established in this
report and to punish those responsible.
5.
Adopt the necessary measures so that the children and adolescents who were
held at the ‘Panchito López’ Reeducation Institute or, where applicable, the next of kin of
the deceased adolescents, receive adequate, prompt and effective compensation for the
violations herein established.
6.
Adopt the necessary measures to prevent a recurrence of events and practices
such as these.
7.
Transfer detained juveniles who have physical handicaps, addictions and mental
disorders to the proper health centers, and give those suffering from addictions the
proper treatment.
8.
Abolish prolonged solitary confinement and the practice of sending children and
adolescents to Emboscada prison as a form of punishment.
26.
On December 20, 2001, the Commission sent that Report to the State and
gave it two months to comply with the recommendations made therein. On February
18, 2002, the State asked the Commission for an extension in order to comply with
the recommendations made in the report on the merits. The Commission granted
that extension on February 26, 2002, giving the State a two-month extension
starting as of that date.
27.
On April 30, 2002, the State informed the Commission of the measures that it
was taking to comply with the recommendations made in Commission Report No.
126/01.