35.
Likewise, the Court considers it pertinent to admit the statements of the alleged
victims, the testimony of the witness, and the expert opinions rendered in the public hearing
and by affidavit, in the context of this case, to the extent that they conform to the subject
matter defined by the President in the Orders for their reception. 24
36.
With respect to the expert opinion rendered by Kate Doyle during the public hearing
of February 10, 2022, the State requested that it be eliminated from the analysis of the Merits
Report in this case because it was not previously communicated in writing to the State, and
due to "the clear partiality, incongruity, and impertinence of the offered expert evidence."
The Court notes, first, that the statement was given orally in accordance with the provisions
of the Order for Call to Hearing, therefore, there is no written version and, second, the State's
considerations regarding the expert report refer to its evidentiary value, not to its admissibility
as evidence. Consequently, the Court admits the expert opinion and notes that the
considerations made by Bolivia will be taken into consideration at the time of the evaluation
of the evidence.
VI
FACTS
37.
The facts of this case will be determined by the Court based on the factual framework
presented by the Commission, the allegations of the parties, and the evidence provided, in
the following order: (A) Juan Carlos Flores Bedregal; (B) The events of July 17, 1980 and the
attempts to find the whereabouts of Juan Carlos Flores Bedregal; C) Judicial and
administrative proceedings, and (D) Attempts to identify the remains as part of the search
for Juan Carlos Flores Bedregal. The facts prior to the acceptance of the Court's jurisdiction
by the State, whose consideration is necessary for the purpose of establishing whether they
are continuous conduct, will be taken into account as background to the case.
A. About Juan Carlos Flores Bedregal
38.
Juan Carlos Flores Bedregal was born on February 4, 1953, in the city of La Paz, Murillo
Province, Bolivia. His parents were Fidel Flores Carrasco and Carmen Bedregal Iturri; 25 and
his sisters are Veronica, Eliana Isbelia (deceased), 26 Lilian Teresa, and Olga Beatriz, all of
them of the last names Flores Bedregal. 27 Adela Hortensia Villamil has been identified as his
24
In public hearing, the Court received the statement of the alleged victim Olga Beatriz Flores Bedregal,
offered by the representative; the witness Eduardo Germán Domínguez Bohrt, offered by the State, and the expert
Kate Doyle, proposed by the Commission. Likewise, the Court received the statements by affidavit of the alleged
victims Verónica and Lilian Teresa, both Flores Bedregal, and the expert opinions of Federico Andrés Paulo Andreu
Guzmán, Guiomar Hylea Bejarano Gerke, and Marcelo Pablo Pacheco Camacho. The subject matter of said statements
is set out in the Resolutions of the Presidency of the Court issued on February 13, 2020 and December 8, 2021,
supra.
25
Cfr. Birth certificate of Juan Carlos Flores Bedregal (case file evidence, p. 113).
26
Eliana Isbelia Flores Bedregal passed away on July 2, 2017, in La Paz, Bolivia. Cf. Death certificate of Eliana
Isbelia Flores Bedregal (case file evidence, p. 5160).
27
Cf. Birth certificates of Olga Beatriz, Eliana Isbelia, Veronica and Lilian Teresa, all of them Flores Bedregal
(case file evidence, p. 115-118).
12