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). 21

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