Bolivia should conduct certain specific actions, as a minimum. One of the
measures would be to create an effective judicial investigation mechanism,
since the investigations conducted to clarify the facts of the instant case have
made no progress.
They request the establishment of a Special Joint
Investigative Committee, headed by the Human Rights Committee of the
Chamber of Deputies and composed of representatives of the Permanent
Human Rights Assembly and the Association of Next of Kin of DetainedDisappeared (ASOFAMD). The State should assign an adequate budget for the
work of this Joint Committee. The obligation to investigate the facts and
punish those responsible and the obligation to investigate the whereabouts of
the disappeared person and return the body to his family have different
specific purposes. The return of the mortal remains should not necessarily be
linked to the progress of the judicial proceeding;
b)
effective investigation and punishment of the perpetrators of the facts
and their accessories
The State must investigate and apply the pertinent punishments to all those
who made it possible, by act or omission, for impunity to prevail in crimes
against human rights. Not only one, but several investigations have been
interrupted at different stages of the domestic proceeding.
The
representatives of the victim and his next of kin presented a list of persons
who the State should ask to submit a statement. They advised that on March
27, 2000, the Fifth Criminal Trial Court of Santa Cruz drew up a criminal
indictment for the crimes of deprivation of freedom, ill-treatment and tortures
against Juan Antonio Elio, Deputy-Secretary of the Interior at the time of the
facts, Elias Moreno Caballero, Justo Sarmiento Alanés and Percy González
Monasterios, agents of the Political Control Department and the El Pari prison,
for what occurred to José Carlos Trujillo Oroza, and that on April 6, 2000, the
victim’s next of kin filed suit against the said accused persons and requested
the expansion of the initial indictment to include the crime of assassination
and its expansion against Mario Adett Zamora, Minister of the Interior at the
time of the facts, Ernesto Morant Lijerón and Oscar Menacho. In November
2000, the judge declared that the criminal suit had extinguished; this
judgment has been appealed in various judicial instances, which have
confirmed the decision. They requested the Court to indicate to the State
that the crime of forced disappearance of persons has no statute of
limitations and that the State must remove the impediment of the
extinguishment in order to end impunity in the instant case;
c)
legislative reforms
The State should complete the reform of the Criminal Code in order to define
the forced disappearance of persons as an offense, in accordance with
provisions in the international treaties that Bolivia has ratified. In the criminal
proceeding investigating what happened to José Carlos Trujillo Oroza,
inappropriate criminal offenses have been cited that have hindered progress
in establishing criminal responsibility.
The draft law has been before
Congress since September 4, 1998, and a national law has still not been
enacted. The establishment of the offense of forced disappearance of persons