authorities are obliged to assist in gathering evidence to achieve the objectives of an
investigation and refrain from carrying out acts that would obstruct the progress of the
investigation. 188
139. Likewise, when a punishable fact is being investigated, the decision to define the
information as secret and to refuse to submit it can never depend exclusively on a State body
whose members are deemed responsible for committing the illegal act. 189 Likewise, the final
decision concerning the existence of the documentation requested cannot be left to their
discretion. 190 In addition, the State cannot waive its positive obligations to ensure the right
to the truth and access to public files merely by alleging that the information requested by
the judge in charge of investigating the facts of this case is non-existent or was destroyed.
To the contrary, the State has the obligation to seek that information using all possible means,
and make the necessary efforts to reconstruct such information, which may include
conducting several procedures in military archives. 191
140. The Court highlights the State's obligation to guarantee the effectiveness of an
appropriate procedure for the processing and resolution of the requests for information. Such
a procedure should set deadlines for resolving and delivering information, and should be
administered by officials that are duly qualified. Finally, given the denial of access to
determined information under State control, the State must guarantee the existence of a
simple, quick, and effective remedy before an independent organ, distinct from the one that
denied the request, that can determine if there was harm to the right to access information,
and where applicable, order the corresponding authority to present said information. 192
B.2. Analysis of the specific case
141. The Court will rule on State action relating to requests for information after July 27,
1993, the date from which this Court has jurisdiction to hear alleged violations of the
Convention attributed to Bolivia (supra, para. 14). After referring to the domestic regulatory
framework on the right of access to information, the Court will examine requests made in the
context of: a) criminal proceedings of the "Public Prosecutor v/ Franz Pizarro Solano et al.",
and b) the administrative procedure by Ministerial Resolution No. 316/09.
B.2.1 Domestic regulatory framework on the right of access to information
142. Article 21.6 of the Political Constitution of the Plurinational State of Bolivia provides
that Bolivian women and men have the right to access, interpret, analyze, and communicate
information freely, whether individually or collectively. Likewise, Article 106(I) and (II)
determines that the State must guarantee the right of access to information. 193
188
Cf. Case of García Prieto et al. v. El Salvador. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of November 20, 2007. Series C No. 168, para. 112, and Case of Movilla Galarcio et al. v. Colombia, supra,
para. 159.
189
Cf. Case of Myrna Mack Chang v. Guatemala, supra, para. 181, and Case of Herzog et al. v. Brazil.
Preliminary Objections, Merits, Reparations, and Costs. Judgment dated March 15, 2018. Series C No. 353, para.
333.
190
Cf. Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil, supra, para. 202, and Case of Herzog et
al. v. Brazil, supra, para. 334.
191
Cf. Case of Herzog et al. v. Brazil, supra, para. 334, and Case of the Massacres of El Mozote and surrounding
areas v. El Salvador. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights
dated November 25, 2021, whereas clause 6.
192
Cf. Case of Claude Reyes et al. v. Chile, supra, paras. 137 and 163, and Case of Gomes Lund et al.
("Guerrilha do Araguaia") v. Brazil, supra, para. 231.
193
Cf. Political Constitution of the Plurinational State of Bolivia, of February 7, 2009, articles 21 and 106.
Available at: https://www.oas.org/dil/esp/constitucion_bolivia.pdf
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