had received an order from the Ministry of Justice and it had even sent her a draft of
the corresponding petition. During the investigation, the statements of four accused
persons were received and the prosecutor determined that there was insufficient
material to open a criminal action. However, Judge Alain Núñez opened the case
because he found circumstantial evidence, but for the crime of illegal detention, ill
treatment and torture, and not for the crime of forced disappearance. The problem
is that, for political reasons, forced disappearance is not included as a crime in
Bolivian legislation.
Some public officials that the witness mentioned in her
statement were investigated during this criminal action; their statements were
received. The witness appeared as complainant at the trial. The proceeding was
filed; the justification given by Judge Alain Núñez to declare that the action was
without merit was that the crime was extinguished. The witness filed an appeal
against this decision before the First Chamber and then the Second Chamber of the
Superior Court of Santa Cruz. These instances confirmed the judge’s decision. On
July 27, 2001, she filed an application for amparo before the Superior Court of Santa
Cruz, which rejected it. At the time of the public hearing on reparations before this
Court, the final instance that remained to her was the Constitutional Court, and she
appeared before it. The officials mentioned in her statement have been investigated
in cases similar to that of her son. Every day, the witness wakes up thinking about
what she can do to find the remains of José Carlos, to find a reply, and to ensure
that these events are not repeated.
The State has not apologized to her for the detention and disappearance of her son,
José Carlos. She asked the Inter-American Court that a monument should be
erected to the memory of José Carlos because this would allow future generations to
learn about this part of Bolivia’s history and because the next of kin of detaineddisappeared persons have the right to perpetuate in some way the memory of the
youth who died because they disagreed with the political system.
The draft law on force disappearance has not been adopted and, since 2000, it is
before the Constitution and Judicial Police Committee, although no action is being
taken.
C) EVALUATION OF THE EVIDENCE
47.
The body of evidence in a case is unique and is made up of the evidence
submitted at all stages of the proceeding13; thus, the evidence provided by the
parties at the preliminary objections and the merits stage also forms part of the
evidentiary material that will be considered during this stage.
*
*
*
ASSESSMENT OF DOCUMENTARY EVIDENCE
48.
The Court accepts the evidentiary value of those documents submitted by the
parties at the appropriate procedural occasion, which were not contested or objected
to, and whose authenticity was not questioned.
13
cf. Cantoral Benavides case. Reparations, supra note 3, para. 34; the case of the Mayagna
(Sumo) Awas Tingni Community, supra note 5, para. 98; and The “Street Children” case (Villagrán
Morales et al.). Reparations, supra note 3, para. 53.