convicted in order to execute the arrest warrants. In this respect, it indicated that the
Public Prosecutor’s Office had advised that the criminal proceedings against Roberto
Melean Rendón, René Veizaga Vargas, Willy Valdivia Gumucio, Eduardo García Alba
and Alfredo Sanabria or Saravia5 for murder and other offenses had been concluded
and that Decision No. 002/2008 had been issued on January 8, 2008, establishing the
following:
Judgment by default for the crime of murder convicting Roberto Melean Rendón, Rene
Veizaga Vargas and Willy Valdivia Gumucio, as perpetrators of murder, deprivation of liberty,
threats and kidnapping, and sentencing them to 30 years’ imprisonment, without the right to
pardon.
Judgment handed down convicting Eduardo Garcia Alba and Alfredo Sanabria of aiding and
abetting the crime of murder, deprivation of liberty, threats and kidnapping, sentencing them
to serve a prison term of three years and six months.
7.
In addition, the State indicated that the lower court judgment had been upheld
by Second Instance Decision No. 94/2008 of August 1, 2008, which became final upon
issue of Supreme Order No. 346 of March 23, 2009. Subsequently, the presiding judge
issued the writ of execution. Furthermore, the Public Prosecutor’s Office was in charge
of the procedure to arrest the convicted men in coordination with the Special Police
Investigation Center in order to execute the said judgment. To this end, on July 7 and
13, 2009, the arrest warrants were executed against Rene Veizaga Vargas and Roberto
Mesén, respectively, and against Eduardo Garcia Alba. Lastly, it indicated that Willy
Valdivia Gumucio and Alfredo Sanabria or Saravia are fugitives from justice and, in
order to locate them, the Public Prosecutor’s Office has issued two injunctions.
8.
In their observations of August 11, 2010, the representatives stated that
despite the issue of Supreme Order No. 346 of March 23, 2009, the judgment
convicting Willy Valdivia Gumucio and Alfredo Sanabria or Saravia is still pending
execution, given that the perpetrators are currently fugitives from justice. Therefore,
they considered that the State must increase it efforts to arrest the convicted men.
Consequently, it is not sufficient to argue that it is requesting information from a
private police association to discover the whereabouts of one of them.
9.
The Commission assessed positively the progress made in the domestic
proceedings following the delivery of the judgment of the Inter-American Court, and
emphasized the progress made in the search for the convicted men, since three of
them are already serving the sentence imposed. Nevertheless, the Commission
considered that the information furnished regarding the search for Willy Valdivia
Gumucio and Alfredo Sanabria or Saravia is general, and does not allow the different
alternatives explored by the State to be understood. Therefore, the Commission hopes
that the State will provide more information on the specific measures taken to find the
said individuals and the results obtained.
10.
The Court assesses positively the information provided by the State, since it
reveals the State’s willingness to comply with its international obligations to
investigate and punish those responsible for the human rights violations that were
determined in the instant case. In this regard, it is worth emphasizing that, when the
Court’s judgment was delivered, Condemnatory Decision No. 002/2008 of January 8,
5
In the judgment of the La Paz Third Criminal Court of the First Instance of January 8, 2008, Alfredo
Saravia was convicted and, as indicated by the State, the executory measures are in the name of Alfredo
Sanabria or Saravia, because when the court refers to that person, they will use the name “Alfredo Sanabria
or Saravia.”
4