the issuance of an arrest warrant in November 2008 and the fact that the State had been aware of his departure from the country since at least 2007, 43 the Bolivian authorities only activated INTERPOL and began diplomatic procedures for his extradition from Colombia ten years later, in 2018. 44 In 2020, a "petition with a formal request" for extradition was issued to the competent authority in Colombia, which led to the capture of E.G.A for extradition purposes in February 2022. However, in September 2022, the Colombian Supreme Court of Justice annulled the arrest warrant and ordered his immediate release, considering that the criminal action had expired according to Colombian legislation. 45 Thus, as the Court noted, more than 20 years have passed since the sexual violence suffered by Ms. Losada, “there is no final judgment of conviction or acquittal, since the request for extradition from Colombia to Bolivia to appear in court has been denied in the third trial.” 46 17. The analysis of the facts of this case, presented in the judgment and summarized above, demonstrates, as will be developed later, the centrality of issues related to the classification of sexual crimes in the Bolivian Criminal Code in violation of Ms. Losada’s human rights during the domestic investigative and judicial procedures - in particular, due to the absence of effective introduction of the element of consent as a characteristic of the offense of "rape" (combined with the possibility of framing sexual acts under the offense of " statutory rape") and the disregard of the seriousness of the incestuous rape suffered by the victim. However, before continuing with the discussion of these two points, I consider it necessary to present some reflections on the complex interaction between International Human Rights Law and Criminal Law. II. On the imperative of adapting domestic regulations to international standards in Human Rights and their complex interaction with Criminal Law 18. The interaction between International Human Rights Law and Criminal Law is the subject of recurring debate within the IHR System. 47 One of its manifestations occurs precisely in the context of reparatory measures in which the Court orders some change in the domestic law of the States as a guarantee of non-repetition. Taking into account that this opinion is based on two proposals to modify the Bolivian Criminal Code, I believe it is necessary to first discuss the foundations of the Court's prerogative to demand the adaptation of criminal offenses in the countries under its jurisdiction (II.a) and then, the complex relationship between Criminal Law and Human Rights that is evident in this debate (II.b). a. On the standards adopted by the Court to demand the adaptation of criminal offenses regarding reparation 19. Since its first ruling on the merits, the Court has highlighted the existence of obligations to prevent, investigate and punish violations of human rights, which derive from the duty of "guarantee" of the States, crystallized in Article 1(1) of the Ibid., para. 123. Ibid., para.72. 45 Ibid., para. 76. 46 Ibid., para. 130. 47 In my reasoned opinion in Moya Chacón v. Costa Rica (2022) I was able to explore, specifically, the interaction between criminal law and the right to freedom of expression. Below, I expand my considerations on international human rights law in general. Cf. Case of Moya Chacón v. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of May 23, 2022. Series C No. 451, concurring opinion of Judge Rodrigo Mudrovitsch, para. 8-43. 43 44 6

Select target paragraph3