notes that the delays were not attributable to the procedural actions of Mr. Flores Bedregal's
family in their role as plaintiffs; on the contrary, these actions apparently facilitated judicial
notifications and other steps related to the proceedings' progress. 155
111. Consequently, the State is responsible for the lack of due diligence in the initiation and
promotion of the investigation on the disappearance of Juan Carlos Flores Bedregal and for
the delay in the investigation, prosecution, and, where appropriate, punishment of those
responsible in light of the obligation enshrined in Article 8(1) of the American Convention, in
relation to Article 1(1) of the same instrument, to the detriment of Olga Beatriz, Verónica,
Eliana Isbelia, and Liliam Teresa Flores Bedregal.
B.2. Definition of the criminal offense of forced disappearance of persons
and failure to apply it to the specific case
112. Article 2 of the American Convention establishes the general obligation of every State
Party to adapt its domestic law to the provisions of the Convention in order to guarantee the
rights recognized therein, which means that measures of domestic law must be effective (the
effet utile principle). 156 In the case of the forced disappearance of persons as an autonomous
criminal offense and adoption of an explicit definition of the relevant punishable conduct are
essential for the effective judicial clarification and prevention of this practice. 157 Likewise,
codification of forced disappearance of persons constitutes an express obligation of the States
parties to the IACFP, pursuant to ITS Article III.
113. As indicated above, Bolivia deposited the instrument of ratification of the IACFP on
May 5, 1999. On January 18, 2006, the State incorporated the definition of forced
disappearance of persons into its Criminal Code. 158 In this regard, and based on the ratione
temporis dimension of this case, it is worth clarifying that the codification of conduct at the
domestic level is relevant to the present analysis without entailing its retroactive application,
given the nature of forced disappearance as a continuous violation of the State's international
obligations whose consummation extends until clarifying a victim's fate. 159 Similarly, the
Supreme Court of Justice of Peru, the Constitutional Court of Peru, the Supreme Court of
Justice of Mexico, the Supreme Court of Justice of Venezuela, and the Constitutional Court of
Colombia, 160 courts of the highest hierarchy in States that, like Bolivia, have ratified the
IACFP.
155
Cf. Briefs of lawyer Eulogia Pantoja Vacaflor addressed to the Second Criminal Court Judge, dated September
22, 2006, filed on September 23, 2006, and August 28, 2006, submitted on the same date (case file of evidence, p.
299-302).
156
Cf. Case of "The Last Temptation of Christ" (Olmedo Bustos et al.) v. Chile. Merits, Reparations, and Costs.
Judgment of February 5, 2001. Series C No. 73, para. 87, and Case of Maidanik et al. v. Uruguay, supra, para. 146.
157
Cf. Case of Gómez Palomino v. Peru, supra, para. 92, and Case of Julien Grisonas family v. Argentina, supra,
para. 196. See, Human Rights Council, Report of the Working Group on Enforced or Involuntary Disappearances,
General Comment on forced disappearance as a Continuing Criminal Offense, January 26, 2011, U.N. Doc.
A/HRC/16/48, para. 11.
158
Cf. Law No. 3326 of January 18, 2006, published in the Official Gazette on January 21, 2006.
159
Cf. Case of Trujillo Oroza v. Bolivia. Monitoring Compliance with Judgment. Order of the Inter-American
Court of Human Rights of November 16, 2009, Recital 38, and Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia,
supra, para. 201.
160
Cf. Supreme Court of Justice of Peru, judgment dated March 20, 2006, Exp: 111-04, D.D Cayo Rivera
Schreiber. Constitutional Court of Peru, judgment of March 18, 2004, case file No. 2488-2002-HC/TC, para. 26
(http://www.tc.gob.pe/jurisprudencia/2004/02488-2002-HC.html) and judgment of 9 December 2004, case No.
2798-04-HC/TC, para. 22 (http://www.tc.gob.pe/jurisprudencia/2005/02798-2004-HC.html). Supreme Court of
Justice of Mexico, Thesis: P./J. 49/2004, Judicial Weekly of the Federation and its Gazette, Ninth Epoch, Full Court.
Constitutional Chamber of the Supreme Court of Justice of the Bolivarian Republic of Venezuela, judgment of August
10, 2007. Constitutional Court of Colombia, judgment C-580/02 of July 31, 2002.
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