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the terms of Article 50 of the Convention, making certain recommendations to the State.
The State was served notice of the Report on November 12, 2008. After the grant of two
extensions of time and the presentation of certain information by the State, in light of the
“lack of significant progress made in the effective compliance” with some of the
recommendations set out in Report 93/08 and the express intention of the alleged victims’
next of kin that the case be brought before the Inter-American Court, on May 8, 2009, the
Commission decided to submit the instant case to the jurisdiction of the Court. The
Commission appointed Commissioner Luz Patricia Mejía and Executive Secretary Santiago
A. Canton as delegates; it also appointed Deputy Executive Secretary Elizabeth AbiMershed and attorneys of the Executive Secretariat Juan Pablo Albán and Silvia Serrano
as legal advisors.
2.
The application concerns the alleged “forced disappearance of [Messrs. Rainer Ibsen
Cárdenas and José Luis Ibsen Peña] as of October 1971 and February 1973, respectively,
under the military dictatorship led by Hugo Banzer Suárez [in Bolivia], followed by the
[alleged] impunity with respect to those events; as well as the [alleged] lack of adequate
reparation to their next of kin for the injuries they sustained; and the uncertainty as to
the whereabouts of one of the victims.” According to the Commission, the whereabouts of
Mr. Rainer Ibsen Cárdenas were determined in the year 2008, when his remains were
found, identified, and delivered to his next of kin, all of which has not occurred in the case
of José Luis Ibsen Peña.
3.
The Commission requested the Court to declare that the State of Bolivia is
responsible for the violation of Articles 3 (Right to Juridical Personality), 4 (Right to Life),
5 (Right to Humane Treatment [Personal Integrity]), 7 (Right to Personal Liberty), 8
(Right to a Fair Trial [Judicial Guarantees]), and 25 (Right to Judicial Protection) of the
American Convention, in relation to the obligation established in Article 1(1) (Obligation to
Respect Rights) of that instrument and with the obligations established in Articles I and XI
of the Inter-American Convention on Forced Disappearance of Persons (hereinafter,
“Convention on Forced Disappearance”) to the detriment of Rainer Ibsen Cárdenas and
José Luís Ibsen Peña; and for the violation of Articles 5 (Right to Humane Treatment
[Personal Integrity]), 8 (Right to a Fair Trial [Judicial Guarantees]), and 25 (Right to
Judicial Protection) of the American Convention, in relation to Article 1(1) (Obligation to
Respect Rights) thereof, to the detriment of the next of kin of Rainer Ibsen Cárdenas and
José Luís Ibsen Peña, namely, Tito Ibsen Castro, Rebeca Ibsen Castro, Raquel Ibsen
Castro, and Martha Castro Mendoza. Likewise, the Commission requested that the Court
declares that the State “has failed to comply with the obligation contained in Articles III
and IV of the Convention[…] on Forced Disappearance of Persons, […] as it had failed to
classify the crime of forced disappearance until the year 2004.” Last, the Commission
requested the Tribunal to order certain measures of reparation.
4.
On September 25, 2009, Messrs. Mario Ressini Ordoñez, Daniel Enríquez Tordoya,
and Tito Ibsen Castro, representatives of the alleged victims (hereinafter, “the
representatives”), presented their brief containing pleadings, motions, and evidence
(hereinafter, the “brief containing pleadings and motions”) under the terms of Article 24
of the Rules of Procedure. The representatives agreed with the arguments of the InterAmerican Commission in the application (supra paras. 2 and 3) and requested that the
Court declares the international responsibility of the State for the violation of Article 24 of
the American Convention (Right to Equal Protection). They also requested the Tribunal to
order the State to adopt different measures of reparation.
On January 26, 2010, the State submitted its answer to the application and
5.
observations to the brief containing pleadings and motions (hereinafter, “answer to the

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