a sack of potatoes or something. There was the one body I only saw the back of and on top of
that lay the body of Don Marcelo Quiroga Santa Cruz. I approached and lifted his chin. His hair
was unruffled and when I lifted him I could see he was pale, but not cold like a corpse and I
even saw how making a tremendous effort he looked up.20
30.
In the regular criminal proceedings brought in 1999 regarding the same events, the Second
Criminal Enforcement Court found the following facts on which to base judgment:
The details of the coup d’état of July 17, 1980 perpetrated by Luis García Meza and Luis Arce
Gómez, obviously with the intervention of a series of civilian and military collaborators, as a
result of which Marcelo Quiroga Santa Cruz, Carlos Flores Bedregal, and Gualberto Vega
Yapura were murdered.
[…]
The unlawful arrest of some 50 leaders, torture, rapes and kidnapping of those leaders, in
addition to the adoption of a series of stances contrary to the Bolivian State, [...] the violation
of human rights and guarantees.
[…]
The use and abuse of firearms by those conducting the coup and their collaborators in their
capacity as members of the military or as paramilitaries and civilians trained in the use of
arms.
[…]
Another fact ascertained is that as a result of said coup d’état, Quiroga Santa Cruz and Flores
Bedregal were murdered, their bodies tossed out in the Mallsa district, then picked up and
taken to the morgue, from which they disappeared with no information even now of the
whereabouts of their remains.
Finally, the court finds and affirms that the accused took part in the facts described above in
one way or another and to this day in a conspiracy of silence have not provided any
information to shed light on what happened, thereby covering up crimes and many other facts
and giving totally false testimony.
[…]
Likewise accredited are the deaths of trade union leaders such as Marcelo Quiroga Santa Cruz,
Juan Carlos Flores Bedregal, and Gualberto Vega Yapura, The remains of the first two have not
been located to this day, much less handed over by those responsible for their deaths to their
family members.21
31.
The Commission points in particular to the following extract from the court's decision:
The basis for this action is the taking of the COB, the murder of Quiroga Santa Cruz and Flores
Bedregal and the disappearance of their bodies, in which much responsibility lies with the
investigator assigned to the cases and his illegal behavior, namely removing the bodies
without the participation of forensic experts; that after leaving the bodies in the morgue they
curiously returned to it, that is to say, to the morgue next to Rogelio Gómez, together with a
photographer, which is strange and which the accused seeks to hide despite the compelling
statement by the witness (the photographer)' consequently, making a false statement means
giving false testimony, in addition to the failure to provide true data on what they did, the
report they filed, the return to the morgue to take photographic samples [….].22
Appendix 1. Judgment of the Supreme Court of Justice of the Nation handed down on April 15, 1993, testimony of Noel Vásquez Valdez,
p. 52. Attached to the State’s communication of March 25, 2010.
21 Appendix 6. Higher District Court of La Paz. Bolivia. Resolution No. 129/2007 of the Second Criminal Settlement Enforcement Court.
Trial of Franz Pizarro Solano et al. for the crimes of armed uprising against the security and sovereignty of the State and others. December
12, 2007. Attached to the State’s communication of December 6, 2011.
22 Appendix 6. Higher District Court of La Paz. Bolivia. Resolution No. 129/2007 of the Second Criminal Settlement Enforcement Court.
Trial of Franz Pizarro Solano et al. for the crimes of armed uprising against the security and sovereignty of the State and others. December
12, 2007. Attached to the State’s communication of December 6, 2011.
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