accused, while the Office of the Prosecutor had the role of “assisting” and “ruling.” It also
indicated that the process included the practice of confirmation of evidence, which required a
considerable amount of time.
40.
The State also noted the excessive use of defensive methods by the accused,
the affirmative treatment given to evidence offered by all parties, the process of confirming
statements made before the Human Rights Committee of the House of Delegates, and the
failure of the accused to appear at hearings.
41.
With respect to the participation of the Flores Bedregal family, the State
noted that it became a civil party acting in the preliminary investigation and trial phase
through: offering documentary evidence and proposing interrogatories; requesting
acceptance of testimony from Luís García Meza; requesting the allocation of funds for
investigative purposes; requesting the parties to submit evidence; opposing bail; requesting
the submission of documentation; requesting the presentation of arguments; dismissing
referrals; requesting times and dates for submitting arguments; petitioning for the
confrontation of witnesses or evidence; requesting the submission of information by other
institutions; requesting the acceptance of witness statements; responding to motions;
requesting decisions; submitting an appeal; appearing in the relevant stages; among other
actions taken.
42.
Finally, the State noted that a Resolution of the House of Delegates dated
October 2, 1997 ordered a search for the remains of Marcelo Quiroga Santa Cruz, in which
steps were also taken to search for the remains of Juan Carlos Flores Bedregal. It indicated
that on May 4, 2000 an inter-institutional agreement was signed between the Third Examining
Magistrate for Criminal Matters and the National Academy of Science of Bolivia, Museum of
Natural History, Department of Paleontology, to carry out the search work.
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
Competence
43.
The petitioner is empowered by Article 44 of the Convention to submit
complaints to the IACHR. The alleged victim in the case was under the jurisdiction of the
Bolivian State on the date the alleged events began. As a result, the Commission is competent
ratione personae to examine the petition. The Commission is competent ratione loci to hear
the petition in that it alleges violations that began and continue to occur within the territory
of a State party to the American Convention.
44.
The State of Bolivia ratified the American Convention on July 19, 1979. In
this respect, the Commission is competent ratione temporis in that the obligation to respect
and guarantee the rights protected by the American Convention were already in effect for the
State on the date when the events alleged in the petition would have occurred. Finally, the
Commission is competent ratione materiae, because the petition reports violations of human
rights protected by the American Convention.
45.
As indicated below in paragraph 63, by virtue of the principle of iura novit
curia, the Commission has incorporated the possible violation of various provisions of the
Inter-American Convention on Forced Disappearance of Persons. The Bolivian State ratified
this instrument on May 5, 1999. However, the Commission is competent to rule on possible
violations of the Convention that continue in time although they may have begun prior to that
date.