warrant of arrest were carried out 88: (a) it had no information on Franz Pizarro Solano; (b)
José Luis Ormachea España is registered as deceased, and (c) Felipe Froilán Molina
Bustamante was finally arrested in 2016, almost three years after the arrest warrant was
issued, and is currently serving his sentence in the San Pedro de Chonchocoro prison.
C.2. Administrative procedure pursuant to Ministerial Resolution No. 316/09
63.
On May 19, 2009, the Ministry of Defense issued Ministerial Resolution No. 316/09
authorizing the Commander in Chief of the Armed Forces to facilitate access to archives,
public records, and existing documents of the Armed Forces of the State 89 for family members
and victims of military dictatorships who make such requests and demonstrate a legitimate
interest. On June 1, 2009, based on this Resolution, Verónica Flores submitted a request for
access to information to the Armed Forces Commander in Chief. 90 On June 22, 2009, the
Commander in Chief of the Armed Forces responded to the request demanding compliance
with the following requirements and proceedings: “1. Demonstrate legitimate interest in the
required information; 2. Specify dates and data of the required information; 3. Ways in which
the secrecy of the information provided will be guaranteed; 4. Comply with the requirements
and formalities of law before the competent authority; 5. The reasoned order issued by the
competent authority [should have been] addressed to the Captain General of the Armed
Forces; 6. The Captain General of the Armed Forces, exercising its legitimate powers and in
coordination with the Commander in Chief of the Armed Forces, shall consider whether the
case merits, in accordance with the foregoing, granting the request of the competent judge." 91
64.
Because these requirements were not contemplated in Ministerial Resolution No.
316/09, on June 29, 2009, the two sisters, Verónica and Olga Flores Bedregal, submitted a
request for clarification of the procedures for access to information. 92 On July 23, 2009, the
Commander in Chief of the Armed Forces acknowledged receipt of the aforementioned
request, and pointed out that it would "provide a response as soon as possible." 93
65.
In view of the authorities' silence, on December 10, 2009, the Flores Bedregal sisters
filed an action for constitutional protection, on the grounds that the demands of the
Commander in Chief of the Armed Forces were contrary to the right of access to information
in light of Ministerial Resolution No. 316/09; the violation of the right of petition and legal
certainty due after calling into question the validity and scope of the ministerial resolution
and other relevant rules. 94 On December 12, 2009, the Second Criminal Chamber of the
Superior Court of the District of La Paz declared the action inadmissible in limine, considering
that it was raised directly, without considering the subsidiary nature of the amparo, and
88
Cf. Report No. 04/2014 of the Secretariat of the Department of Criminal Analysis and Intelligence, of
February 3, 2014 (case file of evidence, p. 477-478).
89
Cf. Ministerial Resolution No. 316/09, issued by the Ministry of Defense, of May 19, 2009 (case of file
evidence, p. 531-533).
90
Cf. Brief of Verónica Flores Bedregal of May 28, 2009, filed on June 1, 2009 (case file of evidence, p. 529).
91
Cf. No. 341/09, Communication of the Commander in Chief of the Armed Forces of the Joint Chiefs of Staff,
addressed to Verónica Flores Bedregal, of June 5, 2009, received on June 22, 2009 (case file of evidence, p. 535 and
536).
92
Cf. Brief of sisters Verónica and Olga Flores Bedregal, of June 25, 2009, filed on June 29, 2009 (case file of
evidence, p. 538).
93
Cf. No. 397/09, Communication of the Commander in Chief of the Armed Forces of the Joint Chiefs of Staff,
addressed to Verónica and Olga Flores Bedregal, dated July 6, 2009, received on July 23, 2009 (case file of evidence,
p. 539).
94
Cf. Constitutional action of amparo filed by the sisters Verónica and Olga Flores Bedregal, of November 10,
2009, submitted on December 10, 2009 (case file of evidence, p. 541-556).
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