scene of the facts was conducted in Cala Cala, Oruro, where it is alleged that the
Ticona brothers were tortured and ill-treated.
14.
Regarding the initiation of the criminal proceeding for the crime of ill-treatment
and torture, the representatives indicated that, even though formal charges had been
brought, the State must be urged to continue the proceeding until its conclusion in
order to determine the perpetrators and the respective punishments.
15.
The Commission assessed positively the information provided by the State, but
notes that the investigation was initiated at “the request of Hugo Ticona Estrada” and
not ex officio as required. In addition, it took note of the measures taken so far and
hoped that the State would continue making every effort to shed light on the acts of
torture committed against Hugo Ticona and to establish the respective responsibilities.
16.
From the information provided by the State and the observations presented by
the parties, the Court reiterates to the State that it has the obligation to increase its
efforts and take all pertinent measures, as soon as possible, in order to make progress
in the investigation into the facts that occurred to Hugo Ticona. Based on the
foregoing, the Court finds it essential that the State present updated, detailed and
complete information on the implementation of the investigation, the steps taken, and
their results.
C)
Regarding the obligation to proceed with the search for Renato Ticona
Estrada promptly and effectively (twelfth operative paragraph of the
judgment)
17.
The State advised that the committee of prosecutors in charge of the case
opened an investigation, entitled case M.P. 6441/9, into the crime of forced
disappearance of persons, and that the main purpose of the investigation was to
comply with the judgment of the Inter-American Court. On July 29, 2009, another
investigation was opened, entitled M.P. 6569/09, which had similar background facts
to those of the investigation into the remains of Renato Ticona; therefore, the
committee of prosecutors decided to joinder the investigations in order to avoid two
parallel investigations. Subsequently, the Public Prosecutor’s Office advised that it had
taken statements from individuals involved and from other individuals who could have
information on the whereabouts of the remains. Also, an inspection was made in the
locality of Vinto, Oruro. Finally, the State asked the Court to assess the efforts it was
making to comply with the Court's order to locate Renato Ticona, and to take into
account that it had encountered difficulties in implementing them. In addition, the
State has repeatedly advised that one of the functions of the Inter-institutional Council
for the Clarification of Forced Disappearances (hereinafter “CIEDEF”) is to elucidate the
forced disappearances that occurred in Bolivia in the past and, to that end, according
to the information provided, it has implemented the project ”Contribution to the full
exercise of human rights and the strengthening of democracy,” within which “priority
has been given to the search for the mortal remains of Renato Ticona (infra
considering paragraph 30).
18.
The representatives indicated that the State should make greater efforts to
“address the provisions” of the said operative paragraph. In turn, they transmitted the
frustration that the Ticona Estrada family is feeling with regard to the search for
Renato Ticona, because “at present, objectively speaking, there are no indications that
would allow him to be found and, consequently, [respond to] the family's greatest wish
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