12
1.
Entry to Bolivia in 1995, recognition of refugee status in 1996, and statement of
voluntary repatriation in 1998
58.
Rumaldo Juan Pacheco Osco and Fredesvinda Tineo Godos entered Bolivia on October
23
13, 1995. On October 16, 1995, Rumaldo Juan Pacheco Osco submitted his application for recognition
of the refugee status to the Government of Bolivia through CESEM and the Office of the United Nations
24
High Commissioner for Refugees in La Paz. The passports of Rumaldo Juan Pacheco Osco and
25
Fredesvinda Tineo Godos were issued by the Peruvian Consulate in Bolivia on October 20, 1995.
59.
While the decision of the Bolivian authorities was pending, on August 22, 1996, Rumaldo
Juan Pacheco Osco sent a letter to the Regional Office for Southern Latin America of the UNHCR, in
which he mentioned the following:
For almost five years we have been suffering unjust physical and psychological repression, which
today we are making sacrifices in order to put behind us, particularly for the sake of our two young
daughters I am sending a document that will allow you clearly to grasp that our situation is one of
extreme emergency, which warrants invoking our right to political refugee status with sufficient
guarantees and security for our family. Our case concerns the decision of the Supreme Court of
Justice of Lima, Peru, which annulled the unanimous acquittal that we were granted after almost
three years’ imprisonment, with much suffering for us and our relatives at the hands of the
26
implacable faceless special tribunals (…).
60.
Furthermore, on October 2, 1996, Mr. Pacheco Osco, who was in Argentina, went to the
Argentine Catholic Commission for Immigration in order to request assistance and inquire about the
possibility of applying for recognition of refugee status in Argentina, in view of the fact that his application
in Bolivia was still pending a decision by CONARE. He also mentioned that his economic situation was
27
precarious as the assistance received in Bolivia had not been sufficient to live on.
61.
By Undersecretariat resolution No. 360 of November 22, 1996, and pursuant to Executive
Decree 19640 of July 4, 1983, CONARE granted refugee status to the Pacheco Tineo family as it was
28
then comprised. Following analysis of the relevant documents, this resolution decided:
To grant "refugee status" to Mr. RUMALDO JUAN PACHECO OSCO, his wife FREDESVINDA
TINEO GODOS, and their daughters FRIDA EDITH and JUANA GUADALUPE PACHECO TINEO,
all of Peruvian nationality, who shall assume in the territory of the Republic of Bolivia the rights and
obligations inherent to their new condition, in strict accordance with refugee status and the
29
domestic laws in force in this area.
23
Appendix 1. Copies of pages of the passport of Rumaldo Juan Pacheco Osco (appended to the petitioners’ briefs
received on December 27, 2002, and January 30, 2007); and Appendix 4. Copies of pages of the passport of Fredesvinda Tineo
Godos (appended to the petitioners’ briefs received on December 27, 2002, and January 30, 2007). It is unclear why the dates of
these stamps predate the passport issue date.
24
Appendix 29. Confirmation issued by the Regional Office for Southern Latin America of the UNHCR on June 14, 1996
(appended to the petitioners’ brief received on January 30, 2007).
25
Appendix 1. Copies of pages of the passport of Rumaldo Juan Pacheco Osco (appended to the petitioners’ briefs
received on December 27, 2002, and January 30, 2007); and Appendix 4. Copies of pages of the passport of Fredesvinda Tineo
Godos (appended to the petitioners’ briefs received on December 27, 2002, and January 30, 2007).
26
Appendix 30. Letter from Mr. Pacheco Osco to the Regional Office for Southern Latin America of the UNHCR, dated
August 22, 1996 (appended to the petitioners’ brief received on January 30, 2007).
27
Appendix 32. Certificate of representation from Mr. Pacheco Osco to the Argentine Catholic Commission for
Immigration, October 2, 1996 (appended to the petitioners’ brief received on January 30, 2007).
28
Appendix 6. CONARE resolution of November 22, 1996 (appended to the state’s brief received on December 23, 2004);
Appendix 5 Report of the former General Advisor of the SENAMIG to the Legal Director of the National Immigration Service
(appended to the state’s brief received on December 23, 2004); and Appendix 11 Certificate of the Office of the President of
CONARE of February 22, 2001 (appended to the state’s brief of December 23, 2004).
29
Appendix 6. CONARE resolution of November 22, 1996 (appended to the state’s brief received on December 23, 2004).