in by other family members or persons who were suitable to ensure their protection, taking into
account that their parents had been deprived of liberty.
157. Consequently, the State violated the rights to privacy and to family life, recognized in Articles
11(2) and 17 of the American Convention, in relation to Article 1(1) of this instrument, to the
detriment of the persons who were present or lived in those places, namely: Genaro Ahuacho
Luna; Norma Lupe Alarcón de Valencia; Alfredo Bazán y Rosas; Víctor Manuel Boggiano Bruzzón;
Freddy Cáceres Castro; Carlos Enrique Castro Ramírez; Claudio Tito Centeno Valencia; Carlos
Eladio Cruz Añez; Patricia Catalina Gallardo Ardúz; Victoria Gutiérrez Aguilar de Lulleman;
Oswaldo Lulleman Antezana; Jenny Paola Lulleman Gutiérrez de Zaconeta; Luis Fernando
Lulleman Gutiérrez; Raúl Oswaldo Lulleman Gutiérrez; Julia Mamanu Mamani; Elacio Peña
Córdova; María Fernanda Peña Gallardo; F.E.P.M.; Edwin Rodríguez Alarcón; Álvaro Taboada
Valencia; Alexis Valencia Alarcón; Claudia Valencia Alarcón; Gabriel Valencia Alarcón; Blas
Valencia Campos; Mercedes Valencia Chuquimia, and Mauricio Valenzuela Valencia.
B.3. Right to property
158. In its case law, this Court has developed a broad concept of property that encompasses the
use and enjoyment of possessions, defined as appropriable material objects, as well as any right
that may form part of a person’s patrimony.230 It should be reiterated that the right to property
is not absolute and may be subject to restrictions and limitations,231 provided these are
implemented lawfully and in accordance with the standards established in Article 21 of the
Convention.232 In light of this right, the Court must now analyze the seizure of some of Norma
Lupe Alarcón de Valencia’s jewelry 233 during the raid of No. 2319 Las Rosas Street.234 It is
important to underline that the jewelry was unrelated to the case investigated.235
159. The Court has established that, in the domestic jurisdiction, the adoption of precautionary
measures (such as the confiscation of property) does not constitute, per se, a violation of the right
to property – even when it does entail a limitation of that right insofar as it affects the ability of
the owners to dispose freely of their property – because it does not signify a transfer of the
Cf. Case of Ivcher Bronstein v. Peru. Merits, reparations and costs. Judgment of February 6, 2001. Series C No.74,
paras. 120 and 122, and Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru. Preliminary
objections, Merits and reparations. Judgment of February 1, 2022. Series C No. 448, para. 112.
230
Cf. Case of Ivcher Bronstein v. Peru, supra, para. 128, and Case of the National Federation of Maritime and
Port Workers (FEMAPOR) v. Peru, supra, para. 112.
231
232
Cf. Case of Salvador Chiriboga v. Ecuador. Preliminary objection and merits. Judgment of May 6, 2008. Series
C No. 179, paras. 60 to 63, and Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru,
supra, para. 112.
233
According to the two briefs filed before the La Paz prosecution service, Norma Alarcón Valencia claimed to be
the owner of this jewelry (evidence file, folios 1803 to 1808).
Cf. Annex to the brief submitted to the La Paz district prosecutor’s office by Norma Alarcón Valencia on September
1, 2004 (evidence file, folios 1804 to 1808).
234
235
Cf. Certification by the Secretary of the First Sentencing Court of September 3, 2002, indicating that “the First
Sentencing Court has never ordered that the jewelry in reference remain in the custody of the prosecutors, either as
confiscated goods or as any other measure of a substantive nature (evidence file, folios 1817 and 1818).
47