Ticona Estrada y otrosCase
The events of the case concern the illegal arrest of Renato Ticona Estrada, perpetrated by a military patrol, and his subsequent torture and forced disappearance as of July 22, 1980. The victim was accompanied by his brother, Hugo Ticona Estrada, who was also arrested and tortured, and subsequently freed.
The IA Court once again acknowledged the particular characteristics and elements pertaining to the crime of forced disappearance of people, and understood that these characteristics allow the Court to declare violations of personal liberty, and the obligation to not practice, permit or tolerate the forced disappearance of persons, as enshrined in the Inter-American Convention on Forced Disappearance of Persons.
Additionally the Court established standards regarding the duty of due diligence in the investigation of forced disappearance, considering the implementation of all the necessary actions in order to determine the fate or whereabouts of the missing person and found that the criminal proceedings initiated were neither effective nor were performed within a reasonable time. The IA Court also considered that the lack of investigation, punishment and reparation for the acts of torture gave rise to the State’s international responsibility.
- Presentation to the IACommission
- Aug 9, 2004
- Submission to the IACourt
- Sep 27, 2007
- IACourt / Judgment: rights violated
ACHR IACFDP 1.1, 4.1, 5.1, 5.2, 7 I.a) 1.1, 8.1, 25.1 I.b) 1.1, 5.1 1.1, 8.1, 25.1 2 I.d), III
- IACourt / Judgment: rights non-violated
ACHR IACFDP 3 XI
- Deprivation of liberty
- Forced disappearance
- Torture and cruel, inhuman or degrading treatment
- Court documents
- Documentos de la comisión