challenging the constitutionality of that decision, which the Supreme Court of Justice of Paraguay rejected in
limine on September 18, 2006.
6.
The petitioner maintains that M.R.G.A fled with the child, failing to comply with the order for his return.
It alleges that no Paraguayan authority enforced the judicial order. It gives account of different steps taken to
locate D, in both Paraguay and Argentina, which led to the issuing in the latter country of an international warrant
for the arrest of the child’s mother. It adds that in January 2008, Argentina requested M.R.G.A.’s extradition and
in April 2008, the Criminal Judge of the First Court of Guarantees of Paraguay issued a warrant for her arrest for
failure to appear at the hearing for return [of the child].
7.
The petitioner maintains that despite the outstanding arrest warrant and the various opportunities to
arrest Mrs. M.R.G.A, for ten years, the Paraguayan authorities did not take steps to locate the child and that the
raids ordered were of dubious efficacy. It argues that the State never determined whether D. had been treated in
any hospital or other care facility with a view to finding him and ascertaining his health status.
8.
The petitioner indicates that in 2015, INTERPOL located D. and Mrs. M.R.G.A., who was placed in pretrial
detention. That same day, the child was placed in the temporary custody of his maternal aunt, and the
precautionary measure was ordered for the progressive restoration of ties between D. and Mr. Córdoba, for the
purpose of fulfillment of the return order. It alleges that the measure for progressive restoration of ties has been
ineffective since Mr. Córdoba lives in Argentina. Therefore, the few occasions for them to meet without the judge
having set specific times, involved time and money which, in his capacity as a worker, required major effort on
his part. He adds that these meetings took place in the presence of third parties, which prevented him from
creating an atmosphere of trust and intimacy. It alleges that, once the child was found, the lack of interaction has
resulted in a failure to implement his return.
9.
The petitioner mentions that the Argentine Embassy made its premises available to provide
accommodation for the child, and his father and paternal grandmother, and offered an opportunity for
professionals designated by Paraguayan authorities to visit the child D on a daily basis and provide psychological
and emotional support. He indicates also that the Argentine Court of Guarantees urged the First Duty FirstInstance Juvenile Court of Paraguay to return the child D., sending a “repetition” of its request.
10.
The petitioner maintains that on February 4, 2016, the Office of the Public Defender for Children of
Paraguay requested different measures from the lower court judge prior to returning D., such as a guaranteed
residence in Argentina for a minimum of six months, enrolment in the educational institution where the child
would continue his studies, and medical insurance for the child, among other things. It maintains that although
these steps were taken, the judge did not order enforcement of her judgment for the return of the child.
11.
It indicates that on March 31, 2017, the Third Caacupé Court ordered as a new precautionary measure
that the child D remain in Paraguay, contravening not only the international norms but also its own return order.
The petitioner maintains that that order was issued based on a psychological report issued by a medical board
that blocked, without argument, participation by the Argentine professional proposed by the National Secretary
for Children and Adolescents at the request of the Argentine Consulate. Therefore, it brought an action to declare
the precautionary measure unconstitutional, which was denied by the Supreme Court of Justice.
12.
The petitioner maintains that Mr. Córdoba has had various difficulties in relating to his son, citing as an
example that he invariably calls child D by phone once a week, and that the child’s guardians do not bring him to
the phone. It alleges that as a result, he requested the IACHR to issue a precautionary measure.
13.
It alleges that the object of the Hague Convention, like other conventions in this area, is to restore the
situation prior to the wrongful removal, and the consequent return of the child to his habitual environment for
resolution of issues related to custody, visits, and others. It maintains that the judge in this case has not complied
with the international guidelines since, following the child’s appearance, she not only extended D’s stay in
Paraguay, but also ordered him to remain in that country. It adds that Argentina and Paraguay have ratified the
1984 [sic] Inter-American Convention on International Traffic in Minors, which expressly prohibits deciding on
the merits of custody claims, giving precedence to the duty of return. It maintains that the actions of the judiciary