17 82. On February 21, 2001, Rumaldo Juan Pacheco Osco, claims refuge on behalf of his 60 family at the offices of the Pastoral de Movilidad Humana, CEB-UNHCR Program. That same day, the CEB-UNHCR Program sent a communication to the CONARE, the Ministry of Justice and Human Rights, and the immigration authorities in order to inform them of the following: That Mr. PACHECO OSCO, RUMALDO JUAN, and his wife, Mrs. FREDESVINDA TINEO GODOS, have just applied for refuge at our offices. We have a statement from the gentleman to the effect that his wife has been arrested. Therefore, at the request of the interested party, we would kindly ask you not to return them to Peru because they have expressed a fear of persecution. In the final analysis, should Bolivia be unable to provide them with refuge, the interested party has indicated in our offices his preference to enter Chile, 61 where he already has refugee status. 83. It is an established fact that SENAMIG took cognizance of this application. Indeed, the fact that a fax from the CEB-UNHCR was received on February 21, 2001, indicating that the family was again applying for refugee status in Bolivia, was accepted by the General Advisor on Immigration, who, 62 prior to the expulsion, said in his report of February 22, 2001, that in the afternoon of February 21, 2001, a meeting was convened of the CONARE, composed of representatives from the Ministry of Foreign 63 Affairs, the Ministry of the Interior, and the Ministry of Justice, which decided to reject the application. 84. In light of these references, the Commission requested precise information from the state as to specifically how the new application for recognition of refugee status was processed. 85. The state furnished documentation in the form of minutes of the Second Meeting of the CONARE in the 2001 session, held on February 21, 2001. In the minute is mentioned the participation of 5 persons from different state entities as follows: The Director General of Bilateral Affairs and Chair of the CONARE, the Person Responsible from the Department of Legal Affairs of the Ministry of Foreign Affairs and Worship, the Advisor to the Immigration Department, the Representative of the Department of Human Rights of the Ministry of Justice and Human Rights, and the Assistant to the Director General of 64 Bilateral Affairs. The minute is not signed by these persons and therefore it is not possible to establish the actual participation of the entities. 86. According to the minutes provided by the state: The meeting having come to order (…) it proceeded with the examination of the cases of asylum seekers, as well as other items, the details of which are transcribed as follows: RUMALDO JUAN PACHECO OSCO The CEB-UNHCR Program forwarded by fax the application for refuge of the Peruvian citizens Rumualdo [sic] Juan Pacheco Osco and his wife Fredesvinda Tineo Godos. 60 Appendix 27. Certificate issued by the Pastoral de Movilidad Humana National Coordinator (appended to the petitioners’ brief received on January 9, 2008). 61 Appendix 34. Communication from the CEB-UNHCR Program of February 21, 2001 (Appendix to the state’s brief of July 9, 2008). 62 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). 63 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). Furthermore, the judgment of the Constitutional Court of March 23, 2001, describes the position held by the respondent immigration authorities in the habeas corpus petition and expressly says that “it was learned from an official communication that the aforementioned and her family were applying for refuge in Bolivia.” See Appendix 18. Judgment of the Constitutional Court on the habeas corpus petition of March 23, 2001 (appended to the state’s brief received on December 23, 2004). 64 2008). Appendix 35. Minutes of the meeting of the CONARE of February 21, 2001 (Appendix to the state’s brief of July 9,