96.
Based on the foregoing considerations, the Commission concludes that the Bolivian State
violated the rights established in Articles 8.1 and 25,1 of the American Convention in conjunction with Articles
1.1 and 2 of the same instrument, as well as Articles I b) ad III of the IACFDP, to the detriment of Juan Carlos
Flores Bedregal and his family members.
D.
Rights to Access to Information (Articles 13,124 1.1, and 2 of the Convention) and
Judicial Protection (Article 25 of the American Convention)
1.
Additional considerations regarding access to information relating to grave human
rights violation contained in State archives
97.
The right of access to information is a fundamental right protected by Article 13 of the
American Convention.125 It is a particularly important right for the workings of democratic systems and an
indispensable tool for the exercise of other human rights, 126 As inter-American case law has reiterated,
everyone is entitled to access information controlled by the State, to which end it is not necessary to accredit a
direct interest or personal need to obtain the information in the possession of the State, except in cases in which
legitimate restrictions apply that are permitted under the American Convention.127
98.
Inter-American jurisprudence has recognized that the right to access information protects the
right of victims and their family members, as well as society as a whole, to be access information on grave
human rights violation that is stored in State archives, even if said archives are kept in security agencies or
military or police facilities.128 That presupposes a set of positive obligations or actions to take, above all in
contexts involving a transition to a democratic State governed by the rule of law.129
99.
First, States need to adapt their legal framework in order to guarantee full and effective
exercise of the right to access information regarding serious human rights violations. The laws must ensure
that access to information is governed by the principles of maximum transparency and good faith. As the InterAmerican Court has established, in cases of human rights violations, State authorities cannot take legitimately
hide behind such mechanisms as State secrets or the confidentiality of the information. Nor can they invoke
reasons of public interest or national security to avoid providing the information required by judicial or
administrative authorities responsible for investigation or proceedings that are pending,130 Several countries
in the region have adopted regulations that establish that information on human rights violations not only must
be provided to the authorities in charge of investigating those crimes; under no circumstances may it be kept
secret.131
The pertinent portions of Article 13 of the American Convention provide that: 1. Everyone has the right to freedom of thought and
expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally,
in writing, in print, in the form of art, or through any other medium of one's choice. 2. The exercise of the right provided for in the foregoing
paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly
established by law to the extent necessary to ensure: a. Respect for the rights or reputations of others; or b. The protection of national
security, public order, or public health or morals. […]
124
IACHR, The Right to the Truth in the Americas, OEA/Ser.L/V/II.152, Doc. 2, August 13, 2014, para. 107ff; IACHR, Special Rapporteurship
for Freedom of Expression, El derecho de acceso a la información en el marco jurídico interamericano [The right to access information in
the Inter-American Legal Framework] (second edition). para. 77; IACHR, Special Rapporteurship for Freedom of Expression, Annual Report
(2010), Chapter III, Access to Information on human rights violations.
129 IACHR, The Right to the Truth in the Americas, OEA/Ser.L/V/II.152, Doc. 2, August 13, 2014, para. 110 ff.
130 IACHR, The Right to the Truth in the Americas, OEA/Ser.L/V/II.152, Doc. 2, August 13, 2014, para. 113. See, inter alia, I/A Court H.R.
Case of Myrna Mack Chang v. Guatemala. Judgment of November 25, 2003. Series C No. 101, para. 180; Case of Tiu Tojín v. Guatemala.
Merits, Reparations, and Costs. Judgment of November 26, 2008. Series C No. 190, para. 77; Case of Radilla Pacheco v. Mexico. Preliminary
Objections, Merits, Reparations and Costs. Judgment of November 23, 2009. Series C No. 209, para. 258; Case of Gomes Lund et al.
("Guerrilha do Araguaia") v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 24, 2010. Series C No.
219, para. 196-202.
131 IACHR, The Right to the Truth in the Americas, OEA/Ser.L/V/II.152, Doc. 2, August 13, 2014, para. 113. See, Republic of Peru, Law
27806—Law on Transparency and Access to Public Information, Article 15-C, establishing that "information relating to the violation of
human rights or of rights under the 1949 Geneva Conventions, by anyone in any circumstances shall not be regarded as classified
information"; Eastern Republic of Uruguay, Law No. 18.381, Right of Access to Public Information, Article 12, establishing that "Persons
128
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