2008, did not have the authority of a final decision (cf. paragraph 144 of the
judgment). However, according to information provided, it became final upon the issue
of Supreme Order No. 346 of March 23, 2009. In consequence, the Court finds that the
State has made significant progress in complying with this measure of reparation.
11.
Having evaluated the criminal proceedings conducted at the domestic level that
concluded with a judgment convicting Roberto Melean Rendón, Rene Veizaga Vargas
and Willy Valdivia Gumucio, Eduardo Garcia Alba and Alfredo Sanabria, and having
seen the observations presented by the representatives and the Commission, these
are confined to demanding the arrest of Willy Valdivia Gumucio and Alfredo Sanabria
or Saravia by the State authorities. Given this situation, this Court considers that, in
this case, the investigation into the facts of the forced disappearance of Renato Ticona
Estrada (hereinafter “Renato Ticona”) has concluded.
12.
The Court notes that, when the judgment of the Court was delivered on
November 28, 2008, those responsible had not been arrested and, currently, two of
them, Willy Valdivia Gumucio and Alfredo Sanabria or Saravia, are fugitives from
justice (supra considering paragraphs 7, 8, 9 and 11), even though, since that date,
the Court has verified the situation of those convicted and, since March 23, 2009, the
domestic condemnatory judgment has been final. However, the State continues
reporting that these people have not been arrested (supra considering paragraph 7).
In this regard, it is worth recalling that the Inter-American Court stated in the
judgment that the “[s]aid judicial orders must be complied with so that if the abovementioned judgments are upheld, those who are found responsible for the facts do not
escape justice. Furthermore, this Court considers that the case file does not show that
the State has taken diligent measures to arrest these individuals who, according to
witnesses, live and circulate freely in Oruro — a fact that has not been contested by
the State.”6 Consequently, the Court urges the State to take, through its authorities,
all necessary measures to execute the arrest warrants in order to comply fully with the
Court’s ruling in the tenth operative paragraph of the judgment of November 28, 2008.
Based on the foregoing, the Court finds that the State must provide a detailed and
updated report on all the actions and measures taken to arrest these people and the
results.
B)
Regarding the obligation to investigate the facts that occurred to Hugo
Ticona Estrada and to identify, prosecute and, as appropriate, punish those
responsible (eleventh operative paragraph of the judgment)
13.
The State indicated that, according to the information provided by the Public
Prosecutor’s Office, case No. 419/09 has been underway since January 19, 2008, at
the request of Hugo Ticona Estrada (hereinafter “Hugo Ticona”) against Rene Veizaga
and others for the offenses of ill-treatment and torture. During the investigation,
several measures have been taken to make substantial progress. Thus, on January 20,
2009, the court ordered the implementation of a series of measures, and statements
were taken from the following witnesses for the prosecution: Jaime Solares Quintanilla,
José Cadima Meza and Jaime Zambrana Mercado. Also, on September 7, 2009, formal
charges were brought against Rene Veizaga Vargas for the alleged perpetration of illtreatment and torture, pursuant to paragraphs 1 and 2 and the first part of paragraph
3 of article 295 of the Bolivian Penal Code. Lastly, it advised that an inspection of the
6
Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27,
2008. Series C No. 191, para. 145.
5