IACHR

Press Release

IACHR announces the publication of Friendly Settlement Report on the Case Pedro Antonio Centurion, Paraguay

December 14, 2018

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María Isabel Rivero
IACHR Press and Communication Office
Tel: +1 (202) 370-9000
mrivero@oas.org

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Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) announces its decision to publish the Report on Friendly Settlement on Case 12.699, Pedro Antonio Centurion of Paraguay.

The case is related to the forced recruitment and subsequent death of the child Pedro Antonio Centurion, of Argentine nationality, who was 13 years of age at the time of the facts. The petitioners alleged that the child had been forcibly recruited to perform compulsory military service and would have died in "strange circumstances" inside the "Alegre Vista" Cavalry Military Detachment. In addition, they alleged the lack of investigation by the Paraguayan State in a case filed in 2001. In relation to the investigations brought before the military jurisdiction, the petitioners stated that no liability had been established nor the facts that ended with the death of the child were clarified. The petitioners also alleged that state officials had falsified the identity document of the child Pedro Antonio Centurion to appear as a Paraguayan citizen of suitable age to render the service.

On March 19, 2009, the IACHR approved Admissibility Report No. 19/09, declaring the case admissible for the alleged violation of the rights enshrined in Articles 4, 5, 6, 7, 8, 19 and 25 of the American Convention. On August 5, 2011, in the presence of Commissioner José de Jesús Orozco, Rapporteur of the IACHR for Paraguay, the parties signed a friendly settlement agreement in the following terms:

I. Recognition of international responsibility: The Republic of Paraguay recognizes its international responsibility in Case No. 12.699 "Pedro Antonio Centurion", which refers to the death of a child victim of forced recruitment, under the custody of the Army illegally recruited to the military service.

II. Public Apology and Recognition: The State of Paraguay, within four months of signing this Agreement, will carry out an act of public apology and acknowledgment of international responsibility, in relation to previously recognized violations of human rights.

III. Measure of social rehabilitation. The Paraguayan State undertakes to transfer, in favor of Mrs. Semproniana Centurion, the victim's mother, a plot of land selected by the petitioners located at Company 8 Tarumandy in the district of Luque, which will be transferred by the Secretary of Action Social.

IV. Measures of satisfaction: The State, in the military detachment where the child disappeared, must install a commemorative plaque with a text agreed between the parties alleging the death of the child victim of forced recruitment. In addition, a street with the name of the child will be designated in the city of Luque-Loma Merlo, where the victim's next of kin reside.

V. Primary and integral health care measures: The Republic of Paraguay undertakes to provide free medical and psychological assistance to the parents of the victim and siblings, as well as the provision of medicines to care for the conditions they suffer. Such care should be done in the hospital or health center closest to the parents' home and offering the services and medication appropriate to the precise treatment required in each case, regardless of the care in the Military Hospital.

VI. Pecuniary reparations: a) pay the sum of US $ 30,000 in compensation, which will be paid to the mother of the victim of the case. b) take steps to regularize the pension for the relatives of the victim.

The Inter-American Commission closely followed the development of the friendly settlement reached in this case and highly appreciates the efforts made by both parties during the negotiation of the agreement to reach a friendly settlement that was compatible with the object and purpose of the Convention.

In the Report, the IACHR considered that the first clause of the friendly settlement agreement was declaratory, and that the second, fourth, fifth and sixth clauses of the agreement were fully complied with and declared so. On the other hand, regarding the third clause of the agreement, the Commission considered that it is in the process of implementation and urged the State to continue with the necessary steps to carry out the transfer of the land and subsequent construction of the house, according to agreed.

The IACHR stated that the friendly settlement agreement had a substantial level of execution and was partially complied with, and indicated that it would continue to monitor the implementation of the third clause of the friendly settlement agreement until its full implementation.

The Commission also welcomes the efforts made by the Paraguayan State to seek the resolution of cases before the system through the friendly settlement mechanism and to construct a policy of friendly settlement and compliance with the decisions of the Inter-American System of Human Rights, and also congratulates the petitioner on all efforts made to participate in the search for progress in the friendly settlement procedure.

For more information on the friendly settlement procedure, visit this link.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 266/18