XI
Violation of Article 25
in relation to Article 1(1)
(Right to Judicial Protection)
235. In the case of the violation of Article 25 of the American Convention, in relation to Article 1(1) thereof, the Commission argued as follows:
a) this article was violated to the detriment of the juveniles interned in the Center in the period between August 14, 1996 and July 25, 2001;
b) the juveniles did not have a simple and prompt recourse to competent judges or courts in the event that their physical, mental and moral integrity, liberty or security was in danger in a juvenile Reeducation Institute;
c) the petition of habeas corpus filed on their behalf and granted, was paralyzed for two years, reviewed and then delayed for another year before a ruling was issued, which meant that they did not obtain the “brief and summary” finding that Paraguay’s Constitution requires;
d) the writ of habeas corpus was ineffective, as the State authorities did not comply with the ruling ordering the transfer of the alleged victims to a proper center, nor were those measures supervised by the court, as the court that granted the writ had ordered;
e) the anachronistic system in place prevented effective supervision of the court ruling and continual review of the sanctions imposed;
f) the remedies attempted to ascertain the authorities’ blame for the human rights violations at the Center were ineffective; and
g) the investigations into the cause of the fires, the deaths and the injuries that resulted from those fires produced no concrete findings.
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