17.
Concerning the requests to access classified documents of the Armed Forces, the State
described how judicial authorities and prosecutors had acted in proceedings related to the declassification of
that information. It alleged that a resolution issued in 2009 by the Ministry of Defense had authorized Army
High Command to allow access to information to family members and victims who requested it and
demonstrated a "legitimate interest" as well as other "judicial requirements." The State indicated that,
according to the Commander in Chief of the Armed Forces, on February 26, 2010 access was given to classified
information of the Army for Fiscal Year 1980, that the Office of the Public Prosecutor had participated in that
procedure, and that information regarding the personnel roster had been remitted to the investigating judge,
who forwarded it to the Public Prosecutors' Office (Ministerio Público).
III.
A.
FINDINGS OF FACT
Context
18.
Both organs of the inter-American system have been familiar with the political situation in
Bolivia since the 1970s and the human rights situation in that context. In 1981, the Commission issued a
country report3 in which it pointed out that, despite various efforts to consolidate a democratic process, on July
17, 1980 a coup had been perpetrated by military and paramilitary forces, starting a repressive regime in which
grave violations of human rights continued.4
19.
The de facto government was headed by Army General Luis García Meza Tejada. The military
junta took over the functions pertaining to the Executive, Legislative, and Judicial Branches of Government and
in addition arrogated to itself the powers of a Constituent Assembly by refusing to recognize the electoral
results through which members of the National Congress had been elected who, in turn, were to elect the
Nation's President given that the candidate who had won the general elections convened on June 29, 1980 had
not obtained the constitutionally required majority.5
20.
Once the new military government was in place, it also decreed the militarization of the entire
country and proclaimed the "Participation of the Armed Forces in the Current Political Process." The
Commission pointed out that those developments had interrupted the return to democracy following previous
dictatorships and had abolished the representative institutions of the people. It also analyzed how, as of July
17, 1980, the violation and restrictions on political rights had increased, reflecting the de facto military
government's interest in eliminating any opposition, even peaceful opposition. The IACHR examined the
restrictions on trade union and other associations’ rights after July 17, 1980 imposed through a series of
Supreme Decrees suspending freedom of association and assembly.6
21.
In its judgment in the case of Ticona Estrada et al. v. Bolivia, the Inter-American Court of
Human Rights (hereinafter "the Inter-American Court" or "the Court") also analyzed these circumstances.
Based on the State’s admission, the Court established that the military government "implemented a policy of
intimidation, harassment and extermination" against left-wing groups and any person or organization that
could constitute opposition ...to the purposes of the Military Junta." The Court determined that, in that context,
the "security forces and the paramilitary groups ... committed serious violations of human rights within a
On July 25, 1980, the Permanent Council of the Organization of American States (hereinafter "OAS") issued resolution 308, in which it
resolved "to deplore the military coup, which indefinitely suspends the process of democratic institutionalization... [in Bolivia and] to
express its deepest concern over the loss of human life and the serious violations of the human rights of the Bolivian people, as a direct
consequence of the coup d’état [...]". It also requested that, in the shortest time possible, the Inter-American Commission on Human Rights
examine the situation of human rights in Bolivia. Permanent Council of the OAS, Resolution CP/RES. 308 (432/80) of July 25, 1980. Cited
in: IACHR. Report on the Situation of Human Rights in the Republic of Bolivia. OEA/Ser.L/V/II.53 doc.6 rev.2. October 13, 1981. Introduction.
4 IACHR. Report on the Situation of Human Rights in the Republic of Bolivia. OEA/Ser.L/V/II.53 doc.6 rev.2. October 13, 1981. Chapter IV on
political rights and Conclusions section.
5 IACHR Report on the Situation of Human Rights in the Republic of Bolivia. OEA/Ser.L/V/II.53 doc.6 rev.2. October 13, 1981. Chapter IV on
political rights. See also: I/A Court H.R. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations, and Costs. Judgment of November 27,
2008 Series C No. 191, para. 46
6 IACHR. Report on the Situation of Human Rights in the Republic of Bolivia. OEA/Ser.L/V/II.53 doc.6 rev.2. October 13, 1981 Chapter IV on
political rights and Chapter V on Right of Assembly and Freedom of Association: The Trade Unions.
3
4