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pursuant to the terms of Article 50 of the Convention which contain certain
recommendations that, according to the Commission, were not satisfactorily adopted
by the State; for this reason, on July 27, 2007, it decided to bring the case to the
jurisdiction of the Court.
The Commission appointed Florentín Meléndez
(Commissioner), and Mr. Santiago A. Canton (Executive-Secretary) as Delegates and
Elizabeth Abi- Mershed (Deputy Executive Secretary) and Debora Benchoam,
Manuela Cuvi Rodríguez and Silvia Serrano (all of them, lawyers and specialists of
the Executive Secretary) as legal advisors.
2.
The application refers to the alleged forced disappearance of Renato Ticona
Estrada (hereinafter, “Renato Ticona”, “Mr. Ticona Estrada” or the “victim”) as of July
22, 1980, date on which he and his brother, Hugo Ticona Estrada (hereinafter, "Hugo
Ticona" or "Hugo") were detained by an Army patrol in the vicinity of the control gate
of Cala-Cala in Oruro, Bolivia; the application also relates to the alleged impunity
that surrounded the case for more than 27 years since the occurrence of such event,
as well as the long denial of justice experienced by the next-of-kin of Renato Ticona
and the alleged lack of reparation of said next-of-kin for the damages caused as a
consequence of the lost of a loved one. Moreover, the Commission stated that given
the fact that the Court has no jurisdiction ratione temporis to hear the illegal and
arbitrary detention and the tortures suffered by Hugo Ticona in the year 1980, it did
not include the allegation of these violations in the application. Nevertheless, the
Commission did include the alleged denial of justice of which Hugo Ticona was an
alleged victim as of the date on which the State acknowledged the competence of
the Court to hear such violations.
3.
In the application, the Commission requested that this Tribunal adjudge and
declare that the State violated the rights of Renato Ticona as enshrined in Articles 3
(Right to Juridical Personality), 4 (Right to Life), 5 (Right to Humane Treatment), 7
(Right to Personal Liberty), 8 (Right to a Fair Trial) and 25 (Right to Judicial
Protection) of the American Convention, as well as Articles I, III and XI of the InterAmerican Convention on Forced Disappearance of persons (hereinafter, “IACFDP”).
In addition, the Commission requested the Court to declare that Bolivia has violated
the rights contained in Articles 5 (Right to Humane Treatment), 8 (Right to a Fair
Trial) and 25 (Right to Judicial Protection) of the American Convention, to the
detriment of the next-of-kin of Renato Ticona; in particular, his parents, María
Honoria Estrada Figueroa de Ticona (hereinafter, "Honoria Estrada de Ticona") and
César Ticona Olivares, as well as his brothers Hugo Ticona and Rodo Ticona Estrada
(hereinafter, "Rodo Ticona") and his sister, Betzy Ticona Estrada (hereinafter, "Betzy
Ticona"). The foregoing in relation to the general obligations to respect and ensure
the rights contained in Article 1(1) (Obligation to Respect Rights). Furthermore, the
Commission considered that the State failed to comply with the duty to adopt
domestic legal provisions according to the provisions of Article 2 (Domestic Legal
Effects) of the American Convention, in relation to Articles I and III of the IACFDP.
Convention and Articles I, III, IV and XI of the Inter-American Convention on Forced Disappearance of
Persons.
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In the Report on the Merits No. 112/06, the Commission concluded that the State violated the
rights enshrined in Articles 3 (Right to Juridical Personality), 4 (Right to life), 5 (Right to Humane
Treatment), 7 (Right to Personal Liberty), 8 (Right to a fair trial) and 25 (Right to Judicial Protection) of
the American Convention, as well as the Articles I, III, IV and XI of the Inter-American Convention on
Forced Disappearance of Persons, all of them to the detriment of Renato Ticona and Articles 5 (Right to
Humane Treatment) and 7 (Right to Personal Liberty) of the Convention to the detriment of Hugo Ticona.
Likewise, it concluded that the State violated Articles 5 (Right to Humane Treatment), 8 (Right to a Fair
Trial) and 25 (Right to Judicial Protection) of the American Convention, to the detriment of Renato
Ticona's next-of-kin. Lastly, the Commission decided that the State failed to comply with a part of Article
2 (Domestic Legal Effects) and 1(1) (Obligation to Respect Rights) of said treaty.