Convention on Forced Disappearance of Persons (hereinafter "the IACFDP") to the detriment of the persons
named in this report. The IACHR made the corresponding recommendations.
II.
A.
POSITIONS OF THE PARTIES
The petitioner
6.
The petitioner alleged that Juan Carlos Flores Bedregal, a leader of the Partido Obrero
Revolucionario and member of the Chamber of Deputies in Congress, disappeared on July 17, 1980, after an
attack by soldiers and armed members of paramilitary forces on the headquarters of the Bolivian Workers
Confederation (hereinafter "the COB"). She explained that this occurred during a meeting of the Committee for
the Defense of Democracy convened prior to an imminent coup d’état announced by the Armed Forces. She
alleged that the political leaders and trade unionists present had been captured during that attack after
declaring that they were unarmed and had been forced to file down to the street one behind the other with
their hands behind their necks. She maintained that after he had been recognized in that group, the socialist
leader Marcelo Quiroga Santa Cruz resisted his attackers and was shot and wounded. Seeing what had
happened, the alleged victim had tried to help him, but was then himself "hit in a burst of gunfire." She alleged
that the alleged victim and Marcelo Quiroga Santa Cruz had been taken to the offices of the Army Chief of Staff
in one of the ambulances used in the capture of the COB, which was where they had last been seen. She asserted
that 30 years later the whereabouts of Mr. Flores Bedregal or of his remains was still unknown.
7.
The petitioner presented abundant information regarding a series of claims filed by relatives
of the alleged victim with judicial bodies, the Public Prosecutors' Office, and the Executive and Legislative
branches of government since the events addressed in the case. She stated that as early as July 17, 1980 a
complaint had been lodged, in Bolivia and abroad, regarding the disappearance of the alleged victim, and then
with the National Commission on Disappeared Persons. She complained that during the first inquiries State
agents had provided false information regarding the whereabouts of the alleged victim, thereby obstructing
investigations, and that pressure had been exerted on family member to accept remains that were not those of
Mr. Flores Bedregal.
8.
The petitioner made mention of the proceedings to determine liability, and to the conviction
handed down by the Supreme Court of Justice against the de facto President following the military coup, Luis
García Meza , and his collaborators. She argued, in that regard, that the crimes that were committed in the attack
on the COB were not properly clarified in those proceedings and that most of the perpetrators of the forced
disappearance of the alleged victim were not included in that trial.
9.
She also referred to the investigation carried out by the Human Rights Commission of the
Chamber of Deputies (hereinafter the "CDH") since 1997 and stated that it had only included Marcelo Quiroga
Santa Cruz as a victim, not Mr. Flores Bedregal, even though both had disappeared in the same circumstances.
She pointed out that the Public Prosecutors' Office had opened a criminal investigation in 1999 into several
people based on the report issued by the CDH and that the family members of the alleged victim had been able
to act as the claimants for civil damages. However, she claimed that said investigation had been faulty and no
charges had been brought for the most serious offenses.
10.
She said that on December 12, 2007, several of the accused were convicted of various offenses
and several sentences were handed down, while six defendants were acquitted. She said she filed appeals
including for cassation to challenge that judgment, which was ratified. She argued that the sentences had been
minimal, despite the fact that grave human rights violations had been committed. With respect to the crime of
forced disappearance, she argued that since it had been legally characterized as a crime until 2006, the judicial
authorities had subsumed the facts of the case into less serious forms of criminal conduct.
11.
The petitioner alleged that no effective actions had been undertaken to find and return the
remains of Mr. Flores Bedregal. She stated that, in connection with the judicial proceedings, family members
had requested that the Ministry of Defense declassify the files of the time of the military coup, which would
likely contain information as to the whereabouts of the remains. She asserted that despite a number of orders
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