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effects of the provisions of the Convention are not affected by the application of laws
contrary to its object and purpose, and that they do not lack legal effects from their
creation. In other words, the Judiciary shall exercise a “control of conventionality” ex officio
between domestic regulations and the American Convention, evidently under the
framework of its respective competences and the corresponding procedural regulations.
Within this task, the Judiciary shall take into consideration not only the treaty but also the
interpretation the Inter-American Court, final interpreter of the American Convention, has
made of it.240
203. In the instant case, the Court notes that by means of the lower court judgment
delivered by the Seventh Civil and Commercial First Instance Court of Santa Cruz on
December 6, 2008 (supra para. 148) some of the accused were sentenced to two years
and eight months in prison and a fine equivalent to 100 days for the crime of aggravated
unlawful deprivation of liberty against José Luis Ibsen Peña, among other; one of the
accused was sentenced to imprisonment, as an accomplice in the crime of unlawful
deprivation of liberty of José Luis Ibsen Peña; an accused was acquitted of the crime of
unlawful deprivation of liberty on the grounds of incomplete evidence, and all the accused
were acquitted of the crimes of degrading treatment and torture, criminal association,
criminal organization, murder and concealment, because “the fact object of the accusation
d[id] not constitute a crime pursuant to the statute of limitations of the action, provided for
by Article 29 of Law 1970, and because of the principle prohibiting retroactive application
of the law.” Regarding Rainer Ibsen Cárdenas, the judgment indicates that “the night of
June 19, 1972, the commission of the crime of deprivation of liberty in relation to this
citizen ceased, […] or when it was announced the place where his mortal remains were
located, that is, on February 19, 1983; therefore, there is no doubt about the
extinguishment of the action in relation to the time elapsed since the public identification of
the place where his remains were located, in the city of La Paz on February 19, 1983 and
the filing of the first complaint or legal action on January 11, 1999, given that more than
fifteen years have elapsed.”241
204. On the other hand, the Tribunal emphasizes that in the appeal judgment to the
previous ruling, of September 28, 2009, the First Civil Chamber of the Superior District
Court of Justice of Santa Cruz considered that given that the proceeding was initiated in
1999, it was not appropriate to classify the crime as forced disappearance of persons,
“since the law [is] not retroactive,” and said crime was classified by means of its
incorporation into the “Criminal Code in force by Law 3326 of […] January 18, 2006;
thereby complying with the requirements of the judgment delivered by the Inter-American
Court […].” In said decision of the Civil Chamber, it was also mentioned that the
proceeding “deals with complaints about crimes of deprivation of liberty, degrading
treatment and torture, criminal organization, murder and concealment[,] and complicity
[…].”242 As a result, said Chamber upheld the decision by which the dismissed criminal
action was declared as time barred regarding the crimes of degrading treatment and
tortures, criminal association, criminal organization, murder and concealment, and the
240
Cf. Case of Almonacid Arellano et al. v. Chile, supra note 200, para. 124; Case of Boyce et al v..
Barbados. Preliminary objection, Merits, Reparations and Costs. Judgment of November 20, 2007. Series C No.
169, para. 78, and Case of Radilla Pacheco v. Mexico, supra note 8, para. 339.
241
Cf. Judgment of the Seventh First Instance Civil and Commercial Court of Santa Cruz of December 6,
2008 (Case file 37/2000, Volume 27, folios 10695 to 10755 and 19507 to 19567).
242
Cf. Decision of the First Civil Chamber of the Superior Court of District of Santa Cruz of September
2008, 2009 (case file of appendixes to the answer to the application, anexo 15, folio 11338).
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