20
*
*
70.
For the reasons exposed and based on the confession of facts and
acquiescence made by the State, the Court considers that Bolivia is responsible for
the violation of the rights enshrined in Articles 4(1), 5(1) and 5(2) and 7 of the
American Convention, in conjunction with Article 1(1) therein, to the detriment of
Renato Ticona Estrada. Moreover, this Tribunal concludes that the State is
responsible for the non-compliance of Article I(a)) of the IACFDP.
71.
In addition, the Court does not find the State responsible for the violation of
Article 3 of the American Convention neither for the non-compliance of Article XI of
the IACFDP.
VII
ARTICLES 8 (RIGHT TO A FAIR TRIAL),45 25 (RIGHT TO JUDICIAL PROTECTION)46 AND 5
(RIGHT TO HUMANE TREATMENT)47 OF THE AMERICAN CONVENTION, IN CONJUNCTION WITH
ARTICLE 1(1) THEREIN, AS WELL AS ARTICLE I48 OF THE INTER-AMERICAN CONVENTION ON
FORCED DISAPPEARANCE OF PEOPLE
72.
Following, it should be mentioned some of the facts already established and
proven related to the criminal procedure initiated to investigate the forced
disappearance of Renato Ticona that the Court considers it is appropriate to
highlight.
73.
The relatives of Renato Ticona took several steps during the criminal
procedure (supra para. 52), for example, Honoria Estrada de Ticona, César Ticona
Olivares and Hugo Ticona rendered statements before the National Commission of
Investigation of Disappeared Citizens49 on March 21 and 25, 1983 and April 5, 1983,
respectively.50
45
Article 8
1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a
competent, independent, and impartial tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determination of his rights and obligations of a
civil, labor, fiscal, or any other nature.
46
Article 25
1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent
court or tribunal for protection against acts that violate his fundamental rights recognized by the
constitution or laws of the state concerned or by this Convention, even though such violation may have
been committed by persons acting in the course of their official duties.
47
Article 5, supra note 23.
48
Article I.
The State Parties to this Convention undertake:
[…]
To punish within their jurisdiction, those persons who commit or attempt to commit the crime of forced
disappearance of persons and their accomplices and accessories.
[…]
49
On October 28, 1982, the State passed the Supreme Decree Nº 19.441, by means of which the
National Commission of Investigation of Disappeared Citizens was created (appendices to the response of
the petition, Appendix 3, V. I, p. 1958 to 1960). Said Commission was created to analyze, investigate and
determine the situation of disappeared citizens in Bolivia.
Furthermore, every citizen who felt
compromised by the disappearance of relatives, acquaintances or citizens, could turn to such commission
in order to file a complaint, which would be summarily investigated.
50
Cf. Statement of Honoria Ticona de Estrada and César Ticona Olivares rendered on March 21 and
25, 1983 before the National Commission of Investigation of Disappeared Citizens (appendices to the
response of the petition, Appendix 3, V. I, p. 1901 to 1902 and 1910 to 1913) and Statement rendered by