32.
The guilty verdict also describes parts of the testimony by the accused from which it transpires
that there is a lack of certainty as to the destiny and whereabouts of the remains of Mr. Flores Bedregal.23 Here
the Commission places on record that in connection with these proceedings no light was shed on a series of
major matters; what was ascertained was false information in several testimonies by the accused.24
C.
Judicial proceedings and other actions taken by family members
33.
The file with the IACHR contains information regarding two internal proceedings conducted
in connection with the facts, namely the trial to determine criminal responsibilities before the Supreme Court
of Justice and a regular criminal proceeding brought against several people involved in the coup d’état and, in
particular, the assault on the COB, following investigations conducted by the CDH.
34.
In addition, the Commission has at its disposal information relating to actions undertaken by
family members of Juan Carlos Flores Bedregal with a view to discovering his whereabouts and obtaining
justice and truth with respect to his disappearance. Thus, in the months following the coup d’état, family
members went to a series of government offices without eliciting any information about his whereabouts. It
likewise transpires that in 1983-1984 Mr. Flores Bedregal’s sisters took part in the exhumations of at least
three corpses buried in clandestine cemeteries in La Paz, only to find that the remains were not his.25 According
to the petitioner, these actions were undertaken in connection with the functions of the National Commission
on Disappeared Persons established in 1984. While they were the first formal steps taken to establish the
whereabouts of Mr. Flores Bedregal, they too failed to come up with an answer.26 It further transpires that
family members also went to the Office of the Vice President of the Republic and the Office of the Ombudsperson
in their attempt to establish the whereabouts of Mr. Flores Bedregal. At the Ombudsperson's office, the family
members complained of the refusal by the Armed Forces to allow access to their archives despite courts orders
to that effect.27
Thus, Felipe Froilán Molina Bustamante identified the person who allegedly shot Marcelo Quiroga Santa Cruz and Juan Carlos Flores
Bedregal, but declared that he did not know what happened to their bodies; José Faustino Rico Toro Herbas declared that “no investigation
was conducted of other aspects, such as the death of Quiroga Santa Cruz and the whereabouts of his body because no order was issued to
do so […]”; César Altamirano Lavadenz declared that that day he had been in the district of Mallasa and saw “that there were corpses in a
ditch, [that] photographs were not taken, because the people from the laboratory had not come there” and that together with other officials,
“they pulled out the bodies of [Marcelo] Quiroga and Flores [Bedregal] to take them to the morgue”, and that “two days later he had heard
that they had taken the bodies out of the morgue […]”; Marco Erminio Mena Vargas declared that the bodies of Marcelo Quiroga Santa Cruz
and Juan Carlos Flores Bedregal were taken to the morgue but he did not know “what person or persons had taken the bodies” away from
there; Rogelio Gómez Espinoza declared that on that day he had been in “the Aranjuez district, where there were two bodies, that of Marcelo
Quiroga Santa Cruz and that of Carlos Flores”; he stated that the bodies had been taken to the morgue but that “half an hour after depositing
the corpses, he heard that they had been robbed by hooded men and civilians, an act that that was never investigated"; David Humberto
Alarcón Romero declared that he had taken part in the moving of the bodies of Marcelo Quiroga Santa Cruz and Juan Carlos Flores Bedregal
“from a place in Mallasa; […that] he had seen how they recovered the bodies” and had taken them to the morgue and then he had heard
that “they had kidnapped the corpses”; Raúl Solano Medina, declared that he “had delivered 400 liters of gasoline that he presumes were
used to burn the bodies of Quiroga Santa Cruz and Flores Bedregal ”and that subsequently he had been ordered to return the ashes to
family members of Quiroga Santa Cruz, after they had demanded the delivery of his remains; José Gregorio Loza Balsa declared that he had
seen the body of Marcelo Quiroga Santa Cruz in the offices of the Army Chief of Staff, and did not know what happened to it thereafter; and
Juan Gualberto Aquize Rada declared that he had taken part in the removal of the bodies of Quiroga Santa Cruz and Flores Bedregal, and
that subsequently they had been taken to the morgue. See: 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.
24 See: 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, Pages 19681-19683 and 19665. Attached to the State’s communication of December 6, 2011.
25 An article published in the Bolivian daily newspaper, El País, of July 11, 1998, and kept in the case file, gives a detailed account of those
efforts by the victim's sisters to discover his whereabouts. 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, p. 49, copy of an article in El
País published on July 11, 1998 and entitled Carlos Flores: dieciocho años desaparecido y recordado [Carlos Flores: missing for 18 years and
remembered].
26 See, inter alia, the petitioners’ communication of June 30, 2008.
27 See, inter alia: Appendix 7. Note addressed to the Office of the Vice President of the Republic, with a stamp certifying receipt on August
5, 2003. Attached to the petitioner's communication of October 5, 2010: Appendix 15. Ombudsman's Resolution No. RD/00016/LPZ/2010
of February 22, 2010, p. 1, which states that on July 29, 2009, Olga and Verónica Flores Bedregal filed a complaint against the Commander
in Chief of the Army for "not having implemented Ministerial Resolution No. 316 of the Ministry of Defense." Attached to the State’s
23
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