Inter-American Court of Human Rights
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| AND ORDERS,
Unanimously, that: 9. This Judgment constitutes, per se, a form of reparation, as set forth in paragraphs 299 and 323 of the present Judgment. 10. The State is to publish, at least once, within six months from the date of notification of the present Judgment and in the Official Gazette and another widely circulated national newspaper, both the section titled “Facts Proven” in this Judgment -absent the corresponding footnotes- and the operative part of this Judgment, in the terms set forth in paragraph 315 of the present Judgment. 11. In consultation with civil society and within six months’ time, the State is to carry out a public act of acknowledgement of international responsibility and issue a declaration setting forth a short-, medium- and long-term State policy on the matter of children in conflict with the law that fully comports with Paraguay’s international commitments. That policy must: a) be presented by high-ranking State officials in a public ceremony wherein Paraguay’s responsibility for the substandard detention conditions at the center between August 14, 1996 and July 25, 2001 is acknowledged; and b) plan, inter alia, strategies and other appropriate measures and the allocation of the resources needed so that children deprived of their liberty are separated from adults; so that children awaiting or standing trial are separated from convicted inmates; and in order to create education programs and comprehensive medical and psychological treatment programs for all children deprived of their liberty. 12. The State must provide psychological treatment to all persons who were inmates at the center in the period from August 14, 1996 to July 25, 2001; medical and psychological treatment to the former inmates injured in the fires, and psychological treatment to the next of kin of the injured and deceased inmates, as set forth in paragraphs 318 to 320 of the present Judgment. 13. The State must provide vocational guidance and a special education program geared to those who had been inmates at the center at any time during the period between August 14, 1996 and July 25, 2001, as set forth in paragraph 321 of the present Judgment. 14. Within 15 days of the date of notification of this Judgment, the State must provide Mrs. María Teresa de Jesús Pérez with a place in a mausoleum, near her home, where she can lay her sons remains to rest, as set forth in paragraph 322 of the present Judgment. 15. The State must take particular care to ensure the life, personal integrity and safety of the persons who gave affidavits and their next of kin and must provide them with protection against anyone, taking into account the circumstances of this case, in the terms set forth in paragraph 324 of the present Judgment. 16. The State must pay pecuniary damages totaling US$ 953,000.00 (nine hundred fifty-three thousand United States dollars) or the equivalent in the State’s national currency, as set forth in paragraphs 288 to 294 of the present Judgment, divided as follows: a) to each of the deceased inmates Elvio Epifanio Acosta Ocampos, Marco Antonio Jiménez, Diego Walter Valdez, Sergio Daniel Vega Figueredo, Sergio David Poletti Domínguez, Mario del Pilar Álvarez Pérez, Juan Alcides Román Barrios, Antonio Damián Escobar Morinigo, Carlos Raúl de la Cruz, Benito Augusto Adorno, Richard Daniel Martínez and Héctor Ramón Vázquez, the sum of US$ 40,000.00 (forty thousand United States dollars) or the equivalent in the State’s national currency, in the terms set forth in paragraphs 288, 289 and 294 of the present Judgment; b) to Juan Carlos Zarza Viveros, Miguel Ángel Coronel Ramírez, Sergio Vincent Navarro Moraez, Alberto David Martínez, Miguel Ángel Martínez, Raúl Esteban Portillo, César Fidelino Ojeda Acevedo, Pedro Iván Peña, Ever Ramón Molinas Zárate, Arsenio Joel Barrios Báez and Francisco Ramón Adorno, the sum of US$15,000.00 (fifteen thousand United States dollars) each or the equivalent in the State’s national currency, in the terms set forth in paragraphs 290, 291 and 294 of the present Judgment; c) to Alfredo Duarte Ramos, Abel Achar Acuña, Osvaldo Mora Espinola, Ismael Méndez Aranda and Hugo Antonio Vera Quintana, the sum of US$ 13,000.00 (thirteen thousand United States dollars) each or the equivalent in the State’s national currency, as set forth in paragraphs 290, 291 and 294 of the present Judgment; d) to Clemente Luis Escobar González, Juan Ramón Lugo and Carlos Román Feris Almirón, the sum of US$ 11,000.00 (eleven thousand United States dollars) each or the equivalent in the State’s national currency, in the terms set forth in paragraphs 290, 291 and 294 of the present Judgment; e) to Pablo Ayala Azola, Julio César García, José Amado Jara Fernández, Rolando Benítez, Antonio Delgado, Aristides Ramón Ortiz Bernal, Carlos Raúl Romero Giacomo, Claudio Coronel Quiroga, Demetrio Silguero, Eduardo Vera, Francisco Noé Andrada, Heriberto Zarate, Hugo Olmedo, Jorge Daniel Toledo, José Milciades Cañete Chamorro, Nelson Rodríguez, Osmar López Verón, Osvaldo Daniel Sosa, Pablo Emmanuel Rojas, Oscar Rafael Aquino Acuña, Sixto Gonzáles Franco, Cándido Ulises Zelaya Flores and Walter Javier Riveros Rojas, the sum of US$ 9,000.00 (nine thousand United States dollars) each or the equivalent in the State’s national currency, in the terms set forth in paragraphs 290, 291, 292 and 294 of the present Judgment; and f) to the next of kin of former inmates Francisco Ramón Adorno, Sergio David Poletti Domínguez and Mario del Pilar Álvarez Pérez, US$ 1,000.00 (one thousand United States dollars) or the equivalent in the State’s national currency, in the terms set forth in paragraphs 293 and 294 of the present Judgment. 17. The State must pay non-pecuniary damages of US$2,706,000.00 (two million seven hundred and six thousand United States dollars) or the equivalent in the State’s national currency, in the terms set forth in paragraphs 304 to 309 of the present Judgment, divided as follows: a) to deceased inmates Elvio Epifanio Acosta Ocampos, Marco Antonio Jiménez, Diego Walter Valdez, Sergio Daniel Vega Figueredo, Sergio David Poletti Domínguez, Mario del Pilar Álvarez Pérez, Juan Alcides Román Barrios, Antonio Damián Escobar Morinigo and Carlos Raúl de la Cruz, the sum of US$ 65,000.00 (sixty-five thousand United States dollars) each or the equivalent in the State’s national currency, as set forth in paragraphs 304 and 309 of the present Judgment; b) to deceased inmates Benito Augusto Adorno, Richard Daniel Martínez and Héctor Ramón Vázquez, the sum of US$ 50,000.00 (fifty thousand United States dollars) each or the equivalent in the State’s national currency, as set forth in paragraphs 304 and 309 of the present Judgment; c) to Juan Carlos Zarza Viveros, Miguel Ángel Coronel Ramírez, Sergio Vincent Navarro Moraez, Alberto David Martínez, Miguel Ángel Martínez, Raúl Esteban Portillo and César Fidelino Ojeda Acevedo, the sum of US$ 50,000.00 (fifty thousand United States dollars) each or the equivalent in the State’s national currency, in the terms set forth in paragraphs 305 and 309 of the present Judgment; d) to Pedro Iván Peña, Ever Ramón Molinas Zárate, Arsenio Joel Barrios Báez and Francisco Ramón Adorno, the sum of US$ 45,000.00 (forty-five thousand United States dollars) each or the equivalent in the State’s national currency, as set forth in paragraphs 305 and 309 of the present Judgment; e) to Alfredo Duarte Ramos, Abel Achar Acuña, Osvaldo Mora Espinola, Ismael Méndez Aranda and Hugo Antonio Vera Quintana, the sum of US$ 40,000.00 (forty thousand United States dollars) each or the equivalent in the State’s national currency, as set forth in paragraphs 305 and 309 of the present Judgment; f) to Clemente Luis Escobar González, Juan Ramón Lugo and Carlos Román Feris Almirón, the sum of US$ 30,000.00 (thirty thousand United States dollars) each or the equivalent in the State’s national currency, in the terms set forth in paragraphs 305 and 309 of the present Judgment; g) to Pablo Ayala Azola, Julio César García, José Amado Jara Fernández, Rolando Benítez, Antonio Delgado, Aristides Ramón Ortiz Bernal, Carlos Raúl Romero Giacomo, Claudio Coronel Quiroga, Demetrio Silguero, Eduardo Vera, Francisco Noé Andrada, Heriberto Zarate, Hugo Olmedo, Jorge Daniel Toledo, José Milciades Cañete Chamorro, Nelson Rodríguez, Osmar López Verón, Osvaldo Daniel Sosa, Pablo Emmanuel Rojas, Oscar Rafael Aquino Acuña, Sixto Gonzáles Franco, Cándido Ulises Zelaya Flores and Walter Javier Riveros Rojas, the sum of US$ 22,000.00 (twenty-two thousand United States dollars) each or the equivalent in the State’s national currency, in the terms set forth in paragraphs 305, 306 and 309 of the present Judgment; h) to the identified next of kin of the deceased inmates, the sum of US$ 25,000.00 (twenty-five thousand United States dollars) or the equivalent in the State’s national currency, in the terms set forth in paragraphs 307 and 309, and i) to the identified next of kin of the former inmates injured in the fires, the sum of US$ 15,000.00 (fifteen thousand United States dollars) or the equivalent in the State’s national currency, in the terms set forth in paragraphs 307 and 309 of the present Judgment. 18. In costs and expenses, the State must pay the Tekojojá Foundation the sum of US$ 5,000.00 (five thousand United States dollars) or the equivalent in the State’s national currency, and the Center for Justice and International Law (CEJIL) the sum of US$12,500.00 (twelve thousand five hundred United States dollars) or the equivalent in the State’s national currency, as set forth in paragraph 330 of the present Judgment. 19. The State must pay the compensation and costs and expenses within one year of the date of notification of the present Judgment, as set forth in paragraph 331 thereof, unless different deadlines should be established, pursuant to the terms of paragraphs 315 to 322 and 331 of this Judgment. 20. The State must deposit the compensation ordered for victims who are minors in a bank investment in their name, in a sound Paraguayan institution, in United States dollars, within one year and under the most advantageous terms allowed under banking law and practice, for as long as they are minors, as set forth in paragraph 336 of this Judgment. 21. The State may fulfill the pecuniary obligations through payment in United States dollars or in an equivalent sum in the State’s national currency, using for the respective calculation the exchange rate between both currencies at the New York exchange the day before the payment. The bank investment will be in United States dollars in keeping with the terms of paragraphs 335 and 336 of this Judgment. 22. The payments for pecuniary and non-pecuniary damages and costs and expenses established in the present Judgment shall not be subject to, reduced by or conditional upon current or future fiscal considerations, in the terms of paragraph 337 of the present Judgment. 23. Should the State fall into arrears, it shall pay interest on the amount owed, which will be at the banking arrearage interest rate in effect in Paraguay. 24. If for any reason attributable to the beneficiaries of the compensations, they are unable to receive them within the stipulated one-year period from the date of notification of the present Judgment, the State shall deposit the respective amount in favor of said beneficiaries in a bank account or certificate of deposit, at a sound Paraguayan financial institution, in accordance with the terms of paragraph 335 of the present Judgment. 25. The Court will oversee full compliance with this Judgment and will declare the case closed once the State has fully complied with the present Judgment. Within one year of the date of notification of this Judgment, Paraguay will submit a report to the Court on the measures adopted to comply with this Judgment, as set forth in paragraph 339 thereof. Judge Cançado Trindade informed the Court of his Concurring Opinion, which is affixed to this Judgment. Sergio García-Ramírez President Alirio Abreu-Burelli Oliver Jackman Antônio A. Cançado Trindade Cecilia Medina-Quiroga Manuel E. Ventura-Robles Diego García-Sayán Víctor Manuel Núñez-R. Judge ad hoc Pablo Saavedra-Alessandri Secretary So ordered,
Sergio García-Ramírez President Pablo Saavedra-Alessandri Secretary
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