39 repression, terror, forced absence, and restrictions of State agents [denied them of] their right to formulate claims […], beco[ming] silent accomplices due to the grief for the unfair, the inhumane and the irreparable [sic].”148 111. Under the framework of the search for the remains of Mr. José Luis Ibsen Peña, on April 19, 2006, a visual inspection was conducted at the site where, according to a statement of Mr. Elías Moreno Caballero, a defendant in the criminal proceeding currently conducted in relation to the facts of the instant case149 (infra paras. 138 to 150), the mortal remains of Mr. Ibsen Peña were located. However, it was concluded that the description of the place “[was] very vague [and] unclea[r, making it impossible to determine its exact location,] and [that it was] practically impossible to locate the remains due to the time elapse[d] and [because] a flood ha[d] modified the topography of the area.”150 Furthermore, on August 22, 2006, a skull, kneecap, humerus, femur bones and part of a lower jaw with four teeth were found during a search for his remains at La Cuchilla cemetery in the city of Santa Cruz. The procedure was done using the mechanical arm of a toothed backhoe.151 On September 5, 2006, the Seventh Civil Court was informed that the mentioned bones were being studied at the Forensic Research Institute to confirm their identity.152 The Court notes that there is no further information in the case file regarding the procedures taken in the search for the whereabouts of Mr. Jose Luis Ibsen Peña. C.5. Rights to personal liberty, humane treatment [personal integrity], life, and juridical personality of Mr. Jose Luis Ibsen Peña 112. The Commission argued, in separate sections, that the State was responsible for the deprivation of liberty of Mr. Jose Luis Ibsen Peña through "through the use of force," such detention was “not ordered by a competent authority,” and its purpose “was not to hand him over to a judge or other official authorized by the law to decide the legality of their detention, but to interrogate him, torture him, execute him, and/or forcibly make him disappear.” Furthermore, it indicated that such detention took place “under a dictatorship, outside constitutional protections, and within a state of permanent suspension of fundamental rights and constitutional guarantees,” in which Mr. José Luís Ibsen Peña was arrested “as a political prisoner, apparently for his links to the Bolivian Labour Headquarters,” “after months of public complaints and a tireless search for the whereabouts of his son [Rainer Ibsen Cárdenas].” It added that, given that “36 years have 148 Cf. Brief of “Petition to join, appear personally in the proceeding, complaint and expansion of initial order No. 97/2000, civil matter constitution, precautionary measures” by Rebeca Ibsen Castro, April 26, 2000 (case file of appendixes to the application, appendix 21, folio 1809). 149 On October 21, 2008 Mr. Elías Moreno Caballero lawyer informed to the Seventh First Instance Civil and Commerical Judge of the capital city on the death of the prosecuted due to a Myocardial infarction. Cf. Death Certificate of Elías Moreno Caballero and brief of October 21, 2008 (Case file 37/2000, Volume 27, folios 10593 to 10594 and 19394 to 19395). 150 Cf. “Minute of the public hearing to verify the place and location where the mortal remains of José Luis Ibsen Peña were allegedly located” (Case file 37/2000, Appendix 21, folios 8956, 8960, 17752 and 17756). 151 Cf. Press release published on August 23, 2006 in La Prensa, “They found the remains of a victim” [“Hallan restos de un victimado”] (case file of appendixes to the brief of pleadings and motions, PD-182, folio 2597), and press release published on August 23, 2006 in El Deber, “Skeletal remains of a possible victim of the dictatorship were found” [“Hallaron restos óseos de una posible víctima de la dictadura”] (case file of appendixes to the application, appendix 29, folio 2468). 152 Cf. Brief of the Public Prosecutor of Santa Cruz de la Sierra addressed to the Seventh First Instance Civil and Commercial Court of Santa Cruz, on September 1, 2006 (case file of appendixes to the application, appendix 24, folios 2251 to 2252).