19
71
accordance with the prosecutor's request and the Legal Regime on Migration.” Rumaldo Juan Pacheco
Osco and Fredesvinda Tineo Godos were turned over to the Peruvian authorities by means of a
communication from the Chief of Immigration – Desaguadero Bolivia to the Chief of Immigration –
72
Desaguadero Peru. The individuals in charge of the expulsion were inspectors with the Department of
73
Inspections and Bonds, with police support. The Pacheco Tineo family was taken from the city of La
74
Paz to El Desaguadero on the border, where they were handed over to Peruvian officials.
92.
Beyond the authorities involved, the Commission has no official information regarding the
circumstances as to the time, manner, and starting point of this transfer to the border zone of El
Desaguadero.
93.
As to the participation of the Chilean government in this process, the Commission notes
that there is discrepancy between the submissions of either party. On one hand, the petitioners hold that
the Chilean and Bolivian authorities came to an agreement on the transfer of the family to Arica in Chile
and even that the Chilean authorities arranged their bus tickets for the journey. The state, on the other
75
hand, holds that no such agreement existed and that the SENAMIG contacted the Chilean consul, who
reputedly gave no official response as to whether or not the Pacheco Tineo family could enter that
76
country. In a later communication, the state mentioned that "officials from the Chilean consulate went to
77
the immigration offices simply to obtain information.” The Commission does not have further information.
E.
Information on events following the expulsion
94.
The Commission does not have detailed information about what happened immediately
after the Pacheco Osco family were turned over to the Peruvian authorities. However, information
furnished by the Bolivian state indicates that Rumaldo Juan Pacheco Osco and Fredesvinda Tineo Godos
had outstanding warrants for their arrest issued by the “Special Correctional Tribunal in and for Lima for
78
the crime of terrorism.” Indeed, the available information indicates that Rumaldo Juan Pacheco Osco
and Fredesvinda Tineo Godos were detained in Castro Castro Prison and Santa Mónica Prison,
79
respectively, following their expulsion from Bolivia.
…continuation
70
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).
71
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). Although this report indicates that the phrase "expelled from
Bolivia" in the passports is not the handwriting of the former General Advisor on Immigration, the fact that they were expelled from
Bolivia on February 24, 2001, is not contested.
72
Appendix 17. Communication from the Chief of Immigration – Desaguadero Bolivia to the Chief of Immigration –
Desaguadero Peru, stamped February 24, 2001 (appended to the state’s brief of December 23, 2004).
73
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).
74
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).
75
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).
76
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).
77
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).
78
Appendix 23. Report to the Ministry of the Interior of April 9, 2001 (appended to the state’s brief received on December
23, 2004).
79
Appendix 2. Cadena Peruana de Noticias, press release of March 13, 2001 (appended to the petitioners’ brief received
on December 27, 2002); and Appendix 20. Report to the Vice Minister for Human Rights of March 30, 2001 (appended to the state’s
brief received on December 23, 2004). In reference to information thought to have been supplied by the Peruvian human rights
organization “APRODEH”.