35.
The State, on the other hand, reported the establishment in 2003 of the Inter-Institutional
Council to Shed Light on Forced Disappearances (CIEDEF), which had allegedly accorded priority to the case of
Juan Carlos Flores Bedregal.28 The latest information from the State, provided in 2014, states that "the mortal
remains of Mr. Bedregal disappeared from the morgue of the Hospital de Clínicas in the city of La Paz, after
their legal removal, there being no information thus far of their whereabouts or about those responsible for
this occurrence."29
1.
Trial to determine criminal liability of Luis García Meza and others
36.
Following the restoration of democracy, the National Congress received criminal lawsuits
brought by public and private institutions denouncing crimes committed during the dictatorship of Luis García
Meza. After holding nine plenary sessions, on February 25, 1986, Congress filed charges before the Supreme
Court of Justice against Mr. García Meza, his junta of military commanders, member of the 1980 ministerial
cabinet, members of the Armed Forces, National Police and civilian personnel, for murder, sedition, armed
uprising, the organization of irregular armed groups, conspiracy to commit crime, arrogation of the people's
rights, resolutions contrary to the Constitution and laws of the country, "genocide and bloody massacre",
deprivation of liberties, assaults on freedom of the press, violation of the autonomy of universities, illicit favor
for the importing of vehicles, and other offenses.30
37.
The Commission points out once again that in the case of Ticona Estrada v. Bolivia, the InterAmerican Court took into account the context in the forced disappearance of the victim took place, that is to
say, the 1980 coup d’état and the repressive regime established by Luis García Meza. Thus, the IACHR comes
back to what was established in that case in which, in the trial to determine criminal liability, on April 15, 1993
the Supreme Court :
[...] found General Luis García Meza, and Colonel Luis Arce Gómez and their collaborators
guilty of committing eight sets of crimes: sedition and the arrogating to themselves of rights
pertaining to the people, armed uprising, the organization of irregular armed groups,
resolutions contrary to the Constitution and to laws, deprivation of liberty, offenses against
freedom of the press, the obtaining of illicit advantages, and violation of university autonomy.
In the guilty verdict, it was established that the de facto regime's actions constituted
"preparatory [and] planned acts."31
38.
In matters concerning the instant case, the Supreme Court of Justice found Luis García Meza
Tejada guilty of several punishable deeds, including the murder of Marcelo Quiroga Santa Cruz and of Carlos
Flores Bedregal, for which he was sentenced to "30 years imprisonment, with no right to pardon." In addition,
the "set of crimes" for which several of those tried as collaborators of Luis García Meza Tejada were convicted
included the "assault on the Bolivian Confederation of Workers" on account of the crimes of murder, armed
uprising, and conspiracy to commit crime.32
2.
Criminal proceedings in the regular jurisdiction
communication of December 6, 2011. See also: Appendix 4. Publication entitled Carta inconclusa a mi hermano Carlos (Unfinished letter to
my brother Carlos), written by Olga Flores Bedregal, Editorial Primigenias, La Paz, 2005. Appendix to the initial petition received on June
14, 2006.
28 See, inter alia: State's communications of May 18, 2010 and January 10, 2014.
29 State’s communication of January 10, 2014.
30 See: Appendix 1. Decision of the Supreme Court of Justice of the Nation handed down on April 15, 1993, Section II: Regarding the First
Trial to Determine Liability, and Section III: Regarding the Second Trial to Determine Liability. Attached to the State’s communication of
March 25, 2010.
31 I/A Court H.R. Case of Ticona Estrada et al. Bolivia. Merits, Reparations, and Costs. Judgment of November 27, 2008. Series C No. 191,
para. 49, citing Judgment handed down by the Supreme Court of Justice in the trials to determine liability brought by the Public Prosecutor's
Office and others against Luis García Meza and his collaborators on April 15, 1993.
32 Appendix 1. Decision of the Supreme Court of Justice of the Nation handed down on April 15, 1993, pp. 94-100. Attached to the State’s
communication of March 25, 2010.
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