13
62.
On March 4, 1998, Rumaldo Juan Pacheco Osco went to the CESEM and signed a
sworn statement requesting his voluntary repatriation to Peru, stating that the repatriation would be done
in the company of his wife Fredesvinda Tineo Godos and his daughter Juana Guadalupe Pacheco
30
Tineo. Written by hand beneath the signature of Rumaldo Juan Pacheco Osco are the words “for not
31
having received any assistance whatsoever since January 1998.”
63.
There is nothing in the record to suggest that the State of Bolivia issued any document
attesting to recognition of refugee status to the Pacheco Tineo family in Bolivia since November 22, 1996.
Accordingly, the IACHR has no information as to how the Pacheco Tineo family was legitimated to
32
exercise their rights as refugees. The only document in the record is a visa issued on March 10, 1998,
one year and four months after the resolution that granted refugee status and days after Mr. Pacheco
Osco offered his statement of voluntary repatriation owing to the difficulties that he had allegedly been
contending with in Bolivia. This visa makes no reference to any recognition of their refugee status; it is a
33
“courtesy” visa to stay for one year.
64.
On March 19, 1998, the CESEM sent a communication to the Department of Immigration
of the Ministry of the Interior informing it of the voluntary repatriation of the Pacheco Tineo family to Peru,
34
mentioning that the repatriation would take place on March 21, 1998.
2.
Entry to Chile on March 21, 1998, and recognition of refugee status in that country
65.
The Pacheco Tineo family did not return to Peru. On the contrary, the family left Bolivian
35
territory on March 21, 1998, via Tambo Quemado, in the Department of Oruro, on the border with Chile.
66.
On August 24, 1998, UNHCR Office in Chile issued certificates stating that Rumaldo
Juan Pacheco Osco, Fredesvinda Tineo Godos, and their daughters Frida Edith and Juana Guadalupe
Pacheco Tineo, requested recognition as refugees by the Government of Chile. The same certificates
state that the Pacheco Tineo family were recognized as refugees by the Regional Office for Southern
36
Latin America of the UNHCR.
67.
The State of Chile recognized refugee status to the Pacheco Tineo family, as it was then
37
comprised, by resolutions 3748 and 3749 of December 28, 1998.
30
Appendix 7. Sworn statement of voluntary repatriation (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).
31
Appendix 7. Sworn statement of voluntary repatriation (appended to the state’s brief received on December 23, 2004).
32
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).
33
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).
34
Appendix 8. Communication from CESEM to the Department of Immigration, March 19, 1998 (appended to the state’s
brief received on December 23, 2004).
35
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).
36
Appendix 31. Certificates issued by the UNHCR office in Chile on August 24, 1998 (appended to the petitioners’ brief
received on January 30, 2007).
37
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).