of factors and the context in which they occurred, since only then will the legal analysis be
consistent with the complex and continuous nature of this phenomenon 123.
B.2. Examination of the case
80.
It is undisputed that on July 17, 1980, Mr. Flores Bedregal was at the COB premises
in his capacity as a national deputy (congressman), during the CONADE meeting, in order to
plan and prepare actions to deal with a possible coup d'état by the Armed Forces. 124 Likewise,
the "Hornet" military operation, which was the basis for the coup d'état was established,
included the violent takeover of the COB. Those present at the meeting were forced to
descend the stairs and leave the place with their hands up, including Juan Carlos Flores
Bedregal, who was hit by a burst of gunfire. 125 The representative argued that they have
received no actual news of Mr. Flores Bedregal's whereabouts or the location of his remains
since then. The State argued that the alleged victim's death had been verified.
81.
The Court notes that there is a document recorded as an act of removal of the body
of Mr. Flores Bedregal (supra citation at footnote 41). Before proceeding to analyze said
document, the Court will refer to the principles to be observed in the investigation of
potentially unlawful death. These include the duty to carry out minimum and indispensable
proceedings to preserve the crime scene and the chain of custody of the evidence on which
the success of the investigation depends. 126 As for legal medical autopsies, the Court recalls
that their purpose, at the very least, is to collect information to identify the deceased person
and the time, date, cause, and manner of death. 127 Likewise, the body should be properly
photographed, with x-rays taken of the body, its bag or material in which it is wrapped, and
after undressing, any injuries must be documented. 128 According to this criterion, the Court
has specifically stated that the parties who conduct an investigation of this type should try,
at minimum, inter alia: (i) to identify the victim; (ii) to recover and preserve evidentiary
material related to the death to aid in any potential prosecution of those responsible; (iii) to
identify possible witnesses and obtain statements from them concerning the death; (iv) to
determine the cause, manner, location, and time of death, as well as any pattern or practice
that may have brought about the death, and (v) to distinguish between natural death,
accidental death, suicide, and homicide. Additionally, the scene of the crime must be
Cf. Case of Goiburú et al. Vs. Paraguay, supra, para. 85, and Case of Maidanik et al. v. Uruguay, supra,
para. 117.
124
OEA, Report on the Situation of Human Rights in the Republic of Bolivia, OEA/Ser.L/V/II.53. Chapter IV.
Political rights, subparagraph D, para. 2, and supra paras. 40 and 41 of this Judgment.
125
Regarding what happened to Juan Carlos Flores Bedregal on the day of the facts, Eduardo Germán
Domínguez Bohrt stated in his testimony that he was going down the stairs with "his gaze directed towards the sea";
and that Juan Carlos was in front of him and received a burst of gunfire. In his statement he specifies that "his gaze
directed towards the sea" means "to be looking down." Statement of Eduardo Germán Domínguez Bohrt of May 13,
2019, supra, and statement of Eduardo Germán Domínguez Bohrt before the Court, supra.
126
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations, and Costs.
Judgment of November 24, 2009. Series C No. 99, para. 127; Case of Velásquez Paiz et al. v. Guatemala. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of November 19, 2015. Series C No. 307, para. 150; Case of
Ruiz Fuentes et al. v. Guatemala. Preliminary Objection, Merits, Reparations, and Costs. Judgment of October 10,
2019. Series C No. 384, para. 180, and Case of Olivares Muñoz et al. v. Venezuela. Merits, Reparations, and Costs.
Judgment of November 10, 2020. Series C No. 415, footnote 154.
127
Cf. Case of González et al. (“Cotton Field”) v. Mexico Preliminary Objection, Merits, Reparations, and Costs.
Judgment of November 26, 2002. Series C No. 205, para. 310; Case of Velásquez Paiz et al. v. Guatemala, supra,
para. 151, citing the United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary
and Summary Executions (Minnesota Protocol), supra; Case of Human Rights Defender et al. v. Guatemala.
Preliminary Objections, Merits, Reparations, and Costs. Judgment of August 28, 2014. Series C No. 283, para. 207;
Case of Velásquez Paiz et al. v. Guatemala, supra, para. 153, and Case of Muñoz et al. v. Venezuela, supra, para.
126.
128
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 310, and Case of Olivares Muñoz et al.
v. Venezuela, supra, para. 126.
123
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