4
as of seven months ago, a second payment is being processed approximately
equivalent to the first partial payment. Nevertheless, this second payment has
not yet been made.
f) On the duty to protect the life, integrity and safety of persons who gave
testimony and their next of kin, the representatives have reported on several
occasions that "...for now, the victims have received no type of threat that
would merit the granting of special measures of protection."
5.
The November 1, 2006 and June 1, 2007 briefs of the Inter-American
Commission on Human Rights (hereinafter "the Commission"), responding to the
reports of the State and indicating as follows:
a) On the obligation to carry out a public act acknowledging the international
responsibility of the State and to develop a State policy on juveniles in conflict
with the law, the State has not undertaken a committed effort to ensure
compliance with this order; neither the simple creation of the Technical Working
Group, nor compliance with the Convention-based obligation to separate adults
from children in detention, is enough to satisfy the order of the Court.
b) On the obligation to provide psychological care for all former inmates,
medical and/or psychological treatment for former inmates injured in the fires
and psychological care for family members of deceased and injured inmates,
the state of health of some of the victims still in custody continues to be a
source of concern.
c) On the obligation to provide vocational assistance and a program of special
education for former inmates of the Institute, the general measures taken are
significant but not sufficient to satisfy the orders of the Court to provide
surviving victims with vocational assistance and access to a program specially
designed for them.
d) On the duty to pay compensation for pecuniary and non-pecuniary damages
to victims and their next of kin and reimburse them for costs and expenses, the
compliance with payment of pecuniary redress has been neither effective nor
efficient.
6.
The decision delivered by the President of the Court on December 10, 2007 in
which, exercising the powers of the Court to monitor compliance with its decisions, in
consultation with the other Judges of the Court, and in accordance with Articles 67 and
68(1) of the American Convention on Human Rights (hereinafter "the Convention"), he
ordered the State of Paraguay, the representatives of the victims and their next of kin
and the Inter-American Commission on Human Rights to attend a private hearing for
the purpose of obtaining information from the State on its actions to comply with
pending points of the judgment, and for receiving comments to this effect from the
representatives and the Commission.