failure to analyze and make a pronouncement on the allegations of unlawful arrest rendered the remedy
ineffective.98
43.
The Court has also expressly indicated that Article 11 (2) of the Convention protects private life and
the family from arbitrary or abusive interference and recognizes “that there is a personal sphere that must be
protected from interference by outsiders and that personal and family honor and the home must be protected
against such interference.”99 In addition, the Court has determined that "in the light of Article 11 (2) of the
Convention, obtaining appropriate authorization or a court order to conduct a house search or raid should be
regarded as the general rule, and exceptions to it, such as when a crime is in progress, are valid only in the
circumstances recognized by law, which, precisely because they are exceptions, must be narrowly
interpreted.”100
44.
Under the relevant constitutional and legal provisions in force in Bolivia at the time of the events
(transcribed in the section “Relevant Legal Framework”), people may only be arrested in their homes, and their
residences raided, during daytime hours, with a reasoned resolution to that end from a judge and the
mandatory participation of the prosecutor. During nighttime hours, that is, from 7:00 p.m. to 7:00 a.m. the
following day, it was absolutely prohibited to carry out house raids and a home could only be entered with the
consent of its inhabitant or in case of flagrancy. As the same legal framework also stated, a perpetrator is only
considered to be in flagrante delicto when surprised while attempting to commit, committing, or immediately
after committing a crime while being pursued by the security forces, the aggrieved party, or eyewitnesses to
the fact.
45.
Consequently, the orders issued by the investigating judge dated December 14 and 17, 2001, could
only validly be used between 7:00 a.m. and 7:00 p.m.. To the extent that they authorized operations at night,
they were in violation of the Constitution and other applicable norms. As to the submission of the Bolivian State
that the arrest and raids were carried out in flagrante delicto, the Commission notes that they took place four
days after the events and after a series of investigative steps had been taken to locate those responsible;
therefore, in no circumstances could they be considered actions that were carried out “immediately"
afterwards or “while [the perpetrator was] being pursued.”
46.
Bearing in mind the foregoing and what is described in the established facts, the Commission finds that
both the arrests and the house raids carried out in the pre-dawn hours of December 18, 2001, were illegal.
Furthermore, in spite of the fact that the suspects' lawyers brought that illegality to the attention of the
Investigating Judge at the precautionary measures hearing, he made no pronouncement on those allegations in
his resolution; therefore, the lawyers' efforts with the judicial authority were completely ineffective at
restoring the rule of law. In addition, as will be examined in the next section, insofar as the violence with which
the raids and the arrests were carried out has been accredited, the Commission considers that they too were
arbitrary under the terms of Articles 11(2) and 7(3) of the Convention, respectively.
47.
Consequently, the Commission concludes that Bolivia violated the rights to personal liberty of 16
people 101 and the right to freedom from arbitrary interference with the private life and the family of 22
people, 102 as recognized at Articles 7(1), 7(2), 7(3), 7(6), and 11(2) of the American Convention, taken in
conjunction with Article 1(1) thereof.
I/A Court H.R., López Álvarez Judgment, par. 97.
I/A Court H.R., Case of the Ituango Massacres v. Colombia, Judgment of November 29, 2006, Series C No. 148, par. 193.
100 I/A Court H.R., Case of Pollo Rivera et al. v. Peru, Merits, Reparations, and Costs, Judgment of October 21, 2016, Series C. No. 319, par.
116.
101 Blas Valencia Campos, Norma Lupe Alarcón de Valencia, Edwin Rodríguez Alarcón, Claudia Valencia Alarcón, Gabriel Valencia Alarcón,
Alexis Valencia Alarcón (11 years old), Claudio Valencia (3 years old), Elacio Peña Córdoba, Víctor Manuel Boggiano Bruzon (Juan Ramírez
Ortega), Genaro Ahuacho Luna (Walter Herrera Flores), Alfredo Bazán la Rosas (José Miguel Abildo Díaz), Mercedes Valencia Chuquimia,
Mauricio Valenzuela Valencia (15 years old), Oswaldo Lulleman Antezana, Raúl Oswaldo Lulleman Gutiérrez, Victoria Gutiérrez de
Lulleman, Paola Lulleman de Zaconeta, Luis F. Lulleman Gutiérrez, Julia Mamanu Mamani, Francis Elida Primentela Merino, Carlos Eladio
Cruz Añez, and Carlos Enrique Castro Ramírez.
102 Blas Valencia Campos, Norma Lupe Alarcón de Valencia, Claudia Valencia Alarcón, Elacio Peña Córdoba, Víctor Manuel Boggiano Bruzon
(Juan Ramírez Ortega), Genaro Ahuacho Luna (Walter Herrera Flores), Alfredo Bazán la Rosas (José Miguel Abildo Díaz), Mercedes Valencia
Chuquimia, Oswaldo Lulleman Antezana, Raúl Oswaldo Lulleman Gutiérrez, Victoria Gutiérrez de Lulleman, Francis Elida Primentela
Merino, Carlos Eladio Cruz Añez, Carlos Enrique Castro Ramírez, Freddy Cáceres Castro, and Patricia Catalina Gallardo Arduz.
98
99
13