31 89. On March 21, 2007, within the framework of the criminal proceeding conducted at the domestic level (infra paras. 137 to 150), the skeletal remains that apparently belonged to Rainer Ibsen Cárdenas were exhumed.102 It should be mentioned that during the domestic criminal proceedings, Messrs. Rebeca and Tito Ibsen Castro requested this exhumation on at least five occasions since 2003.103 On March 23, 2007, the expert witnesses in charge of the exhumation delivered a “preliminary report” to the Prosecutor with subject-matter jurisdiction of the District of La Paz, indicating that none of the skeletal remains exhumed matched the characteristics of Mr. Rainer Ibsen Cárdenas.104 The report also indicated that “the remains of Rainer Ibsen Cárdenas had been interred at the General Cemetery of La Paz, along with other persons, in the so-called Pantheon of ASOFAMD after having been previously exhum[ed] from a grave in the same cemetery.”105 90. On May 10, 2007, the expert witnesses issued “Final Reports” confirming that “[t]he biological profile […] of the remains [exhumed on March 21, 2007, was] not consistent with the premortem data corresponding to [Mr.] Rainer Ibsen Cárdenas.”106 In its final written arguments, the State indicated that the reason for this was that "at that time, it was understood that the mortal remains of Rainer Ibsen Cárdenas were located in grave number 7, [but that] due to the decision of those who were present at the excavation, and with the acquiescence of Mr. Tito Ibsen (who did not object to the decision taken), the graves were counted backwards. Therefore, it was not possible to identify the mortal remains of [Mr. Ibsen Cardenas] from this first excavation[;] this occurs later on, when the count to grave [number] 7 is inverted and the remains are exhumed [...].” The Court considers that it is irrelevant whether Mr. Tito Ibsen Castro made no observations to the manner in which the remains were to be exhumed. The Court notes that the exhumation was conducted as part of the domestic criminal proceedings, and was therefore under the 102 Cf. Report of the Investigator Officer addressed to the Chief of the Homicides Division, on March 27, 2007 (case file of appendixes to the application, appendix 24, folios 2290 a 2291), and “Preliminary Report on the Exhumation Works and Forensic Anthropology Analysis, in relation to the search and identification of the remains of Rainer Ibsen Cárdenas,” submitted Silvana Turner and Mariana A. Segura to the Matters Attorney of the Office of the Attorney General of the District of La Paz on March 23, 2007 (case file of appendixes to the application, appendix 25, folios 2299 to 2300). 103 Cf. Brief of Rebeca Ibsen Castro addressed to the First Instance Judge of Warnes, on October 7, 2003 (Case file 37/2000, Volume 10, folios 5321 to 5322 and 14080 to 14082); Brief of Rebeca Ibsen Castro addressed to the Seventh First Instance Civil and Commercial of La Paz, on October 20, 2006 (Case file 37/2000, Volume 21, folios 9094 to 9095), and brief of Tito Ibsen Castro addressed to the Matters Attorney of the Office of the Attorney General of the District of La Paz, on January 25, 2007 (case file of appendixes to the application, appendix 24, folios 2276 to 2278). See also, the briefs addressed to the Matters Attorney of the Office of the Attorney General of the District of La Pazsubmitted by Tito Ibsen Castro, on December 13, 2006 and January 9, 2007 (case file of appendixes to the application, appendix 24, folios 2263 to 2264). Both documents are apparently incomplete, nevertheless, the State did not challenge their authencity. 104 Cf. “Preliminary Report on the Exhumation Works and Forensic Anthropology Analysis, in relation to the search and identification of the remains of Rainer Ibsen Cárdenas,” submitted by Silvana Turner and Mariana A. Segura to the Matters Attorney of the Office of the Attorney General of the District of La Paz on March 23, 2007 (case file of appendixes to the application, appendix 25, folios 2299 to 2300 and 2302). See also, Report of the Investigator Officer addressed to the Chief of the Homicides Division, on March 27, 2007 (case file of appendixes to the application, appendix 24, folios 2290 to 2291). 105 Cf. Preliminary Report on the Exhumation Works and Forensic Anthropology Analysis, in relation to the search and identification of the remains of Rainer Ibsen Cárdenas,” submitted by Silvana Turner and Mariana A. Segura to the Matters Attorney of the Office of the Attorney General of the District of La Paz on March 23, 2007 (case file of appendixes to the application, appendix 25, folio 2300). 106 Cf. Final report of the Argentinian Team on Forensic Anthropology, “Anthropological report on remains LP-A1,” of May 10, 2007 (case file of appendixes to the application, appendix 25, folios 2303 and 2309).

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