8
11.
That in the last report of December 4, 2006 (supra Having Seen clause 10),
when referring to the obligation to make use of all the necessary resources to locate
the mortal rests of the victim and deliver them to the relatives, the State informed
on the several general steps taken by the State authorities to make progress on the
elucidation of cases of forced disappearance of people that occurred in the ‘70s in
Bolivia, specially, to locate the mortal rests of those disappeared in that time,
including Mr. José Carlos Trujillo Oroza. In that opportunity, the State pointed out
that once it is provided with complete information regarding the progress made on
the steps taken in the case at hand, it will immediately submit such data to the
Tribunal.
12.
That, in the brief of September 19, 2006 (supra Having Seen clause 7), when
referring to the investigation, identification and final punishment of the responsible
of the injurious acts of the instant case, the State noted that the criminal action for
the crimes of “Murder, Humiliation, Tortures and Others” committed against Mr. José
Carlos Trujillo Oroza and others is being tried by the Fourth Court in Civil and
Criminal Matters, due to the fact that several judges excused themselves from
hearing the case “since they were insulted, orally and in writing, by the [plaintiff]
during the process." Afterwards, in the brief of December 4, 2006 (supra Having
Seen clause 10), the State acknowledged that the proceedings were not finished and
that they should be expedited. Furthermore, the State promised to submit detailed
information regarding the current status and the corresponding measures.
13.
That the representatives and the Inter-American Commission noted that the
State has not provided information that allows to value the progress made in the
compliance with the pending obligations, which demonstrates that the State is still
not taking the necessary steps to fulfill its obligations.
14.
That, even though the Tribunal positively values the general measures
adopted by the State as to the investigation, identification and possible punishment
of the responsible of the forced disappearances of people which occurred in Bolivia in
the '70s, as well as the location of the mortal rests of the victims, it observes that
the lack of detailed and updated information does not allow the Tribunal to learn the
State measures adopted in the particular case in order to locate the mortal rests of
José Carlos Trujillo Oroza and deliver them to his family, despite the fact that the
State promised to inform on that issue ten months ago (supra Having Seen clause
10).
15.
That in relation to the obligation to investigate, identify and, if applicable,
punish the responsible of the injurious facts of the case at hand, the Inter-American
Court has held in its case-law that all cases must be tried by a competent,
independent and impartial judge.6 In such regard, this Tribunal has noted the
6
Cf. Case of Ivcher-Bronstein v. Peru. Merits, Reparations and Legal Costs. Judgment of February
6, 2001. Series C No. 74, para. 112; Case of Gutiérrez-Soler v. Colombia. Merits, Reparations and Legal
Costs. Judgment of September 12, 2005. Series C No. 132, para. 98 and Case of Trujillo-Oroza v. Bolivia.
Monitoring Compliance with Judgment Order of the Inter-American Court of Human Rights of September
12, 2005; Considering Clause four.