4
20.
The petitioners say that on February 21, 2001, various efforts were made at the office of
the representative of the UNHCR; the Chilean consulate; the Office of the Undersecretary for Human
Rights of the Ministry of Justice; and the APDH – La Paz, to confirm that the Pacheco Tineo were staying
in La Paz lawfully. They said that thanks to these efforts the release of Mrs. Fredesvinda Tineo Godos
was finally secured.
21.
They also said that, in an “act of self-defense” because of what was happening, Mr.
Pacheco Osco went to the offices of the Episcopal Conference of La Paz, which was in charge of UNHCR
Bolivia at the time, and filled out an application for recognition of refugee status, which was submitted to
the proper authorities. Accordingly, this document was left in the hands of the Bolivian government. With
respect to this new application, they said that the "procedures, deadlines, and instances were not
complied with.” The petitioners said, “The Bolivian authorities never provided us with any information
about it, still less did they give us the chance to present our case to the authorities in charge of
processing our application.”
22.
At around the same time, the Chilean consulate interceded so that the alleged victims
might be allowed to leave the country for Arica, Chile. They said that the Bolivian authorities accepted,
provided that the Pacheco Tineo family were taken in a police vehicle, a condition to which Rumaldo Juan
Pacheco Osco and Fredesvinda Tineo Godos did not agree. They said that as a result their documents
were not returned to them.
23.
They added that on February 23, 2001, at 3 p.m., officials from the Chilean consulate
“went” to the immigration offices and reached a verbal agreement with the official Juan Carlos Molina
whereby the alleged victims would be permitted to leave the country for Arica, Chile, on February 24,
2001, at 7 a.m. They said that they were again pressed to agree to be taken in a police vehicle but that
finally it was agreed that they would travel by bus for which they already had tickets. According to the
petitioners, their documents were not returned to them then either.
24.
They said that on February 24, 2001, at 6:30 a.m., six individuals dressed as civilians and
two policemen led by an inebriated Mr. Juan Carlos Molina, traveling in two 4x4 jeeps with tinted
windows, and armed with pistols, intercepted the Pacheco Tineo family on the road leading to the bus
station. They said that both Mr. Pacheco Osco and Mrs. Tineo Godos had guns pointed at them; were
struck, insulted, and humiliated in front of their young children; and, without any explanation offered, their
hands were "cuffed" behind their backs, their faces were covered with their coats, and they were brutally
forced into one of the vehicles. They added that their children were snatched from their arms and violently
pushed into the other vehicle.
25.
According to them, in response to their questions about what was happening to them
they received blows, insults, and threats that they would be shot. They said that the vehicle set off without
the alleged victims knowing the direction they were taking or being allowed to raise their heads, their
arms twisted and manacled, causing them bruises and intense pain. They said that this situation lasted
more than two hours until their assailants stopped the vehicle, and one hour later made them get out.
26.
They said that it was then that they realized that they had been taken to El Desaguadero,
on the border between Peru and Bolivia. According to them, they were locked in a room, stripped of their
belongings, and approximately one hour later taken out and led to the border with some of the suitcases
that they had brought for their journey to Arica, Chile. They said that upon crossing the border they were
handed over to the Peruvian police, who were told that they were terrorists and that subversive material
had been found in their possession.
27.
The petitioners say that because of the terrorism charges against them, the prosecutor
informed them that she had to take the matter up with Lima. They said that they were detained in the
border city of Puno until March 3, 2001, together with their children, who showed signs of serious
psychological harm, including nightmares and nighttime sobbing fits, loss of speech, crying for no reason,
and fear of being murdered. They said that they were taken to Lima and that their children were handed
over to relatives of theirs.