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INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. – On October 18, 2018, the Inter-American
Commission on Human Rights (hereinafter "the Inter-American Commission" or "the
Commission") submitted to the jurisdiction of the Inter-American Court, in accordance with
Articles 51 and 61 of the American Convention, the case of Flores Bedregal against the
Plurinational State of Bolivia (hereinafter "the State" or "Bolivia"). According to the
Commission, the dispute concerns Bolivia's alleged international responsibility for the Forced
Disappearance of Juan Carlos Flores Bedregal (hereinafter also "Mr. Flores Bedregal" or "the
alleged victim"), leader of the Revolutionary Workers Party (hereinafter "POR") and National
Deputy, allegedly perpetrated with the participation of the Armed Forces, in the framework
of the coup d'état of July 1980 and for impunity for these acts. The Commission decided that
the State is responsible for the violation of the rights to recognition as a person before the
law, life, humane treatment, personal liberty, judicial guarantees, freedom of association,
political rights, and judicial protection, to the detriment of Juan Carlos Flores Bedregal, as
well as for the violation of the rights to humane treatment, judicial guarantees, freedom of
thought and expression and judicial protection to the detriment of her sisters Olga Beatriz,
Eliana Isbelia, Verónica and Lilian Teresa Flores Bedregal (hereinafter also "Flores Bedregal
sisters" or "alleged victims").
2.
Procedure before the Commission. – The procedure before the Commission was as
follows:
a) Petition. – On June 14, 2006, Olga Flores Bedregal lodged the initial petition to the
Commission, which was processed under number P616/06.
b) Admissibility report. – On August 4, 2009, the Commission approved Admissibility
Report No. 65/09 (hereinafter "Admissibility Report") and was made available to the
parties in order to reach a friendly settlement.
c) Merits report. - On May 8, 2018, the Commission approved Merits Report No. 60/18
(hereinafter "Merits report"), in accordance with Article 50 of the Convention, in which
it reached a series of conclusions and made several recommendations to the State.
d) Notification to the State. – The Merits report was notified to the State on July 18,
2018, and it was given two months to report on compliance with the recommendations.
e) Submission to the Court. – On October 18, 2018, the Commission submitted to the
Court's jurisdiction all the facts and alleged violations of the rights enshrined in Articles
3, 4.1, 5.1, 5.2, 7, 8.1, 13, 16, 23, and 25.1 of the American Convention, in relation
to Articles 1.1 and 2 of the same instrument, and Articles I (a) and (b) and III of the
Inter-American Convention on Forced Disappearance of Persons (hereinafter also
"IACFDP"). This Court notes with concern that more than twelve years elapsed
between lodging the initial petition to the Commission and submitting the case to the
Court.
f)
Request of the Inter-American Commission. –
Based on the foregoing, the
Commission asked the Court to conclude and declare that Bolivia was internationally
responsible for the alleged violation of the rights described in the conclusions of the
Merits report. In addition, it asked the Court to order the State certain reparation
measures (infra Chapter VIII).
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