3
Guisela Brun, President of the Red Cross. She was informed by Elías Moreno,
Head of the El Pari Police Commissariat, that her son was not there and had
been transferred to the Police Station for questioning, together with two other
detained men, Carlos López Adrián and Alfonso Toledo Rosales;
e)
on February 3, 1972, Gladys Oroza returned to El Pari at 7 a.m. but
none of the three young men were there any longer. She went to the Police
Station accompanied by Beatriz de Toledo, wife of Alfonso Toledo, who had
been detained together with her son. Oscar Menacho, member of the
Department of Political Order (hereinafter “DPO”), told them that the three
prisoners had been taken to Montero, a town close to the city of Santa Cruz.
Percy González Monasterio, at that time deputy head of the DPO in Santa
Cruz, told them that “everything had been resolved and that they should wait
for the head of the DPO, Ernesto Morant.” Justo Sarmiento Alanis, another
DPO agent told them that the prisoners had been transferred by plane to El
Paraguay. Finally, Ernesto Morant arrived at the Police Station and, at the
request of Gladys Oroza, produced a radiogram signed by Antonio Guillermo
Elío, Deputy Secretary of the Ministry of the Interior, ordering that Carlos
López Adrián, Alfonso Toledo Rosales and José Carlos Trujillo Oroza be
liberated. Subsequently, it was established that the radiogram was a piece of
evidence fabricated by the Ministry of the Interior in order to hide the crimes
and ensure the impunity of the authors.
f)
in view of the foregoing, Mrs. Oroza filed various petitions and took
different steps before the executive and legislative branches of the
government, but was unable to file a complaint before the Bolivian courts due
to political instability in the country, where fragile democratic periods were
interrupted by frequent coups d'état, the exile of direct next of kin, fear of
repression by State agents and the Judiciary’s lack of independence with
regard to the Executive; and
g)
it was only on January 8, 1999, that the State of Bolivia initiated a
judicial investigation de oficio, although it had known about the facts
immediately, in particular inasmuch as its own agents were responsible for
those facts.
III
COMPETENCE OF THE COURT
3.
The Court is competent to hear the instant case. Bolivia has been a State
Party to the American Convention since July 19, 1979, and recognized the obligatory
jurisdiction of the Court on July 27, 1993.
IV
PROCEDURE BEFORE THE COMMISSION
4.
As a result of a complaint filed on September 28, 1992, the Commission
began processing the case with a note of February 18, 1993, and requested Bolivia
to provide pertinent information about the facts and any element that would allow it
to be determined whether remedies under domestic law had been exhausted in the
instant case.