14
born.
38
68.
It was in this period that Juan Ricardo Pacheco Tineo, who has Chilean nationality, was
69.
On February 3, 2001, Rumaldo Juan Pacheco Osco and Fredesvinda Tineo Godos left
39
the Republic of Chile through the immigration control on the Chacalluta road. There is nothing in the
record to suggest that the Pacheco Tineo family had renounced their refugee status or that any resolution
40
had been issued in Chile to that effect.
70.
The Commission does not have clear information about what happened between
February 3 and 19 2001.
D.
Entry to Bolivia on February 19, 2001, and expulsion to Peru on February 24, 2001
1.
Visit to the offices of the National Immigration Service (SENAMIG)
71.
The Pacheco Tineo family entered Bolivia on February 19, 2001. The following day
Rumaldo Juan Pacheco Osco and Fredesvinda Tineo Godos went to the offices of the National
Immigration Service. According to the version of events offered by the SENAMIG, the reason for the visit
was "to request that they be allowed to cross Bolivian territory into Chile or that the immigration
41
authorities of Bolivia take them to that country.”
72.
The SENAMIG version of events indicates that when they presented themselves at those
offices, "it became clear that the whole family had entered Bolivia illegally," that "they evaded and made a
42
mockery of the mandatory border and immigration controls in Peru and Bolivia," that “at no time did they
demonstrate that they were refugees” and that there was “evidence that they had renounced their status
43
as refugees and requested their voluntary repatriation in March 1998.”
73.
The information available suggests that, as the petitioners claimed, their documents were
withheld at the SENAMIG. According to the state, “the possession of the passports was the responsibility
of the Department of Inspections and Immigration Bonds, taking into account that these documents were
44
45
not in order” and their return was denied.
38
Petitioners’ brief received on October 21, 2004; Appendix 13. Report of the General Advisor of the SENAMIG to the
Director of the SENAMIG of February 22, 2001 (appended to the state’s brief received on December 23, 2004).
39
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).
40
On the contrary, the available information suggests that in December 2000, the Pacheco Tineo family began legal steps
to obtain indefinite residence in Chile which, as of July 13, 2001, were ongoing. On this last date it was noted that "the above
persons should have no impediment whatever to enter Chilean territory, or require any visa or special authorization.” See Appendix
28. Certificate issued by the Vicaría de Pastoral Social, the Chilean Implementing Agency for the UNHCR, on July 13, 2001
(appended to the petitioners’ brief received on January 9, 2008).
41
Appendix 5. Report of the former General Advisor on Immigration to the Legal Director of the National Immigration
Service (appended to the state’s brief received on December 23, 2004); Appendix 13. Report of the General Advisor of the
SENAMIG to the Director of the SENAMIG of February 22, 2001 (appended to the state’s brief received on December 23, 2004);
and Appendix 23 Report to the Ministry of the Interior of April 9, 2001 (appended to the state’s brief received on December 23,
2004).
42
Appendix 5. Report of the former General Advisor on Immigration to the Legal Director of the National Immigration
Service (appended to the state’s brief received on December 23, 2004).
43
Appendix 5. Report of the former General Advisor on Immigration to the Legal Director of the National Immigration
Service (appended to the state’s brief received on December 23, 2004).
44
Appendix 5. Report of the former General Advisor on Immigration to the Legal Director of the National Immigration
Service (appended to the state’s brief received on December 23, 2004).
45
Appendix 13. Report of the General Advisor of the SENAMIG to the Director of the SENAMIG of February 22, 2001
(appended to the state’s brief received on December 23, 2004).