2
of the victim. Lastly, it requested that the Court decide whether Bolivia had violated
Article 1.1 (Obligation to Respect Rights) of the Convention, as a result of the
violation of the above mentioned rights.
Moreover, the Commission requested that the Court order Bolivia:
a)
to conduct a complete, effective and impartial investigation in order to
identify, criminally prosecute and punish the State agents responsible for the
detention, torture and subsequent forced disappearance of José Carlos Trujillo
Oroza, facts that occurred as of December 23, 1971, in Santa Cruz, Bolivia;
b)
to conduct an exhaustive investigation in order to locate and identify
the remains of José Carlos Trujillo Oroza and deliver them to his next of kin;
c)
to adopt urgent measures in order to prepare a draft law that classifies
the forced disappearance of persons as a crime and incorporates this into the
Bolivian Criminal Code;
d)
to adopt the measures necessary to ensure that the victim’s next of
kin receive an adequate and timely reparation that includes full satisfaction
for the corresponding human rights violations, and also payment of a fair
compensation for patrimonial and extra-patrimonial damages, including moral
damages; and
e)
to assign to the State the payment of the costs and expenses that the
victim’s next of kin have incurred in order to process this case, both
domestically and before the Commission and the Court, and reasonable
honoraria for their lawyers.
II
FACTS
2.
In Section III of its application, the Commission made a statement of the
facts on which this case is based. In this respect, it indicated that:
a)
on December 23, 1971, José Carlos Trujillo Oroza, 21 years of age, a
student at the Universidad Mayor de San Andrés in La Paz, was arrested
although no court order had been issued by a competent authority in Santa
Cruz, and transferred to the prison compound known as El Pari;
b)
on January 15, 1972, Gladys Oroza, the mother of José Carlos Trujillo
Oroza, confirmed verbally to Colonel Rafael Loayza, Head of Intelligence of
the Ministry of the Interior, that her son had been captured. Moreover, she
managed to make contact with him and with Ernesto Morán, Chief of Police of
Santa Cruz, who authorized her to visit her son for the first time in the El Pari
prison;
c)
between January 15 and February 2, 1972, Gladys Oroza managed to
visit her son daily in the El Pari prison. During the visits, she confirmed that
Mr. Trujillo Oroza had been submitted to evident physical torture.
d)
on February 2, 1972, Gladys Oroza went to the El Pari prison to take
lunch to her son and was able to see him through the half-open door of his
cell. That same day, at 5 p.m., she returned to the prison accompanied by