28
83. In light of the foregoing, the Tribunal shall determine the date on which the
whereabouts of Mr. Rainer Ibsen Cárdenas were established, taking into account the facts
alleged in the instant case and the evidence presented by the parties.
*
*
*
84. The Court notes that on October 28, 1982, the National Commission for the
Investigation of Citizens Forcibly Disappeared (hereinafter, the “National Commission for
Investigation”) was created for the analysis, investigation, and determination of the
situation of disappeared citizens in Bolivia.90 On February 18, 1983, this Commission
announced in a press conference that “in recent days it ha[d] established the illegal burial,
with changed names, of fourteen cases considered forcibly disappeared [sic] during the
administration of General Hugo B[a]nzer Suárez,” and that “the illegal burial of the
fourteen corpses was carried out under the instructions of repressive bodies of the Ministry
of the Interior of that time and without the presence of the victims’ relatives, who until
then had no knowledge of the whereabouts of their loved ones.” Finally, it indicated that “it
[was] attach[ing], for the information of the national and international press, a list of the
persons illegally buried, […] the places of detention, disappearance and personal data, [as]
well as the forensic medical report.”91 The next day, the national newspapers El Diario and
Presencia published that the National Commission of Investigation had discovered the
remains of fourteen disappeared individuals, including those of Mr. Rainer Ibsen Cárdenas,
in La Paz.92 Likewise, the weekly publication Aquí of “Saturday, April 30 to May 6, 1983
[sic],” announced the identification of the remains of individuals who allegedly disappeared
along these lines. See also, the “Model Protocol for Disinterment and Analysis of Skeletal Remains” in the United
Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions,
U.N. Doc. E/ST/CSDHA/.12 (1991).
90
On October 28, 1982 The State approved the Supreme Decree No. 19241, that created the National
Commission for the Investigation of Disappeared Citizens. Every citizen that ”[might] affected by the
circumstances under which their disappeared next of kin, close friends or citizens” could turn to this
[Commission] to “file a complaint, [which shall be] investigated in a summary manner.” Cf. Official Gazette of
the Plurinational State of Bolivia, 1301 Edition, Supreme Decree No. 19241, articles 2 and 5, available at:
http://www.gacetaoficialdebolivia.gob.bo/normas/verGratis/10967 (last visit: August 2, 2010). The InterAmerican Court has already made a statement on this in another ocassion. In this token, see Case of Ticona
Estrada et al. v. Bolivia, supra note 1.
91
Minute of the press conference held by the National Commission for the Investigation of Forcibly
Disappeared Citizens, of February 18, 1983 (case file of appendixes to the application, appendix 5, folio 11081).
See also, the declaration of witness Delia Cortez rendeered during the public hearing (supra para. 8).
92
Cf. Press release published on February 19, 1983 in El Diario, “Corpses of 14 ‘disappeared persons’
were found in La Paz” (case file of appendixes to the answer to the application, appendix 7, folio 11083), and
press release published on February 19, 1983 at Presencia, “Graves of fourteen ‘disappeared persons’ were
identified at the Cemetery of La Paz” (case file of appendixes to the answer to the application, appendix 7, folios
11084 to 11085). In this regard, the press release published at El Diario states that: “[a] report submitted to the
press by the mentioned commission, mentions that the identified corpses correspond to the following persons
that disappeared after the coup d’État on 1971 […] Rayner Ibsen Cárdenas [sic] […]”. Likewise, the press
release of the newspaper Presencia states that date of detention of Mr. “Ipsen Cardenas Rayner [sic]” was
October, 1971 in Santa Cruz, [his] disappearance date on June 18, 1972, y that [he] was murdered on June 19,
1972. Also, it stated that this person had suffered a “traumatic brain injury on June 19, 1972 and internal
bleeding by a bullet.
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