23 that takes this into account and that, without prejudice to the foregoing, is capable of supporting a conviction as to the veracity of the facts alleged.72 The facts mentioned below have been determined based on the evidence provided to the Tribunal and on the parties’ assertions that were not disproved or disputed. C.1. Regarding the Ibsen family 71. Mr. José Luís Ibsen Peña was born in Chile on October 7, 1925, and became a Bolivian citizen in 1947.73 The following year, he married Mrs. Asunta Isaura Cárdenas,74 and Rainer Ibsen Cárdenas was born of this union.75 After the death of Mrs. Cardenas in 1959, Mr. Ibsen Peña married Mrs. Martha Castro Mendoza,76 and they had three children, namely: Rebeca, Tito and Raquel, all of them Ibsen Castro.77 72. By May 1972, Mr. José Luis Ibsen Peña lived in the city of Camiri, Santa Cruz, where he established his law office.78 During those years, Mr. Ibsen Peña was linked to the Bolivian Labour Headquarters (Central Obrera Boliviana).79 In the instant case, it has been alleged that in 1973 Mr. Ibsen Peña was arrested in Santa Cruz and that, to date, his whereabouts remain unknown (infra paras. 106 to 109). 73. On the other hand, the Inter-American Commission and the representatives allege that Mr. Rainer Ibsen Cárdenas was a university student in 1971, and that in that year he was arrested and his relatives had no knowledge of his whereabouts over a significant period of time (infra paras. 74 to 75 and 263 to 264). 72 Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 14, paras. 129 and 135; Case of Kawas Fernández v. Honduras, supra note 11, para. 83, and Case of Radilla Pacheco v. Mexico, supra note 8, para. 119. 73 Cf. Copy of the birth certificate of Mr. José Luis Ibsen Peña, (case file of appendixes to the application, appendix 12, folio 1757, and Copy of the Ruling of the Ministry of Government, Justice and Immigration No. E34-47 of March 26, 1947 (case file of appendixes to the application, appendix 12, folio 1759). 74 Cf. Copy of marriage certificate of José Luis Ibsen Peña and Asunta Isaura Cárdenas (case file of appendixes to the brief of pleadings and motions, PD-3, folios 1539 and 1540). 75 Cf. Copy of the birth certificate of Rainer Ibsen Cárdenas (case file of appendixes to the brief of pleadings and motions, PD-4, folio 1542). 76 Cf. Copy of marriage certificate of José Luis Ibsen Peña and Martha Castro Mendoza (case file of appendixes to the brief of pleadings and motions, PD-6, folio 1547), and copy of death certificate of Asunta Isaura Cárdenas (case file of appendixes to the brief of pleadings and motions, PD-5, folio 1545) 77 Cfr. Copy of the birth certificates of each one of them (case file of appendixes to the brief of pleadings and motions, PD-7 to PD-9, folios 1549, 1551 and 1553). 78 Cf. Manuscript of José Luis Ibsen Peña of May 16, 1972 (case file of appendixes to the brief of pleadings and motions, PD-19, folios 1578 to 1580), and receipt of commercial registration, Local Mayor’s Office of Camiri, Bolivia (case file of appendixes to the brief of pleadings and motions, PD-10, folios 1556 and 1557). 79 Cf. Declaration rendered during the public hearing (supra para. 8) by Mr. Tito Ibsen Castro, and declaration rendered before public notary (affidavit) by Mrs. Martha Castro Mendoza (case file on the merits, tomo III, folio 635). See also, Minute of the Hearing of Testimonies proposed by Elias Moreno, testimony of Susano Campos Araúz, May 3, 2007 (Case file 37/2000, Volume 22, folios 9301 and 18099); Minute of the public hearing, confession of the accused Elías Moreno Caballero, on September 9, 2004 (Case file 37/2000, Volume 13, folios 6301 and 15064), and Minute of Investigation Hearing, October 20, 2003, (Case file 37/2000, Volume 10, folios 5382 to 5383 and 14143 to 14144).