VII
FACTS
48. In this chapter, based on the factual framework submitted by the Inter-American
Commission, the evidence in the case file, and the arguments of the parties, the Court will
establish the facts of the case in relation to the following aspects: (A) the relevant legal
framework; (B) the attack on the Prosegur truck, the subsequent raids and the arrest of the
suspects; (C) the criminal proceedings against the alleged victims, convictions, and execution
of the sentences, and (D) the investigation into the complaints of ill-treatment and torture.
A. Relevant legal framework
49. At the date of the facts, the possibility of conducting police raids and arrests based on
flagrante delicto were regulated by both the Constitution of the State of Bolivia, and by the Code
of Criminal Procedure. The principal articles of the laws in force at the time of the events are
transcribed below. The Constitution established:
Article 9. I. No one may be arrested, detained or imprisoned except in the cases and
according to the forms established by law; the necessary warrant must be issued by a
competent authority and served in writing.
II. Solitary confinement cannot be imposed except in cases of extreme gravity and never
for more than twenty-four hours.
Article 10. Any offender caught in flagrante delicto may be apprehended by any person,
even without a warrant, for the sole purpose of being brought before a competent authority
or judge, who must take his or her statement within twenty-four hours at the most.
Article 21. Every house is an inviolable asylum; at night it shall not be entered without the
consent of the occupant and, in the daytime, entry thereto is only allowed by reasoned order
of a competent authority issued in writing, except in cases of flagrante delicto.25
50. Meanwhile, the Code of Criminal Procedure in force in Bolivia at the time of the events26
established:
Article 118 (Permitted days and hours). Procedural acts shall be carried out during business
days and hours, without prejudice to authorizations issued by the judge or court, ex officio
or at the request of a party, when necessary. At the substantiated request of the prosecutor,
the investigating judge may issue warrants on public holidays and during overtime hours.
Article 180 (House raids). House raids require a reasoned decision by a judge and the
mandatory participation of the prosecutor. Raids of private houses or residences are
prohibited during night hours; they may only be conducted during daytime working hours,
except in cases of flagrante delicto. Night hours shall be understood to refer to the time
between 7:00 p.m. and 7:00 a.m. the following day.
Article 181 (Coercive powers). To conduct a search, the authority may order the persons
found on site not to leave during the procedure or another person to appear immediately.
Anyone disobeying shall be constrained by the law enforcement authorities, without
prejudice to the corresponding liability. The restriction of liberty shall not last more than
eight hours; after this, an order must be obtained from the investigating judge.
25
2058).
26
1995 Constitution of the State of Bolivia, Law No. 1615 of February 6, 1995 (evidence file, folios 2056 and
Code of Criminal Procedure, Law No. 1970 of March 25, 1999 (evidence file, folios 2092 to 2165).
14