ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF MAY 14, 2013
CASE OF IBSEN CÁRDENAS AND IBSEN PEÑA v. BOLIVIA
MONITORING COMPLIANCE WITH JUDGMENT

HAVING SEEN:
1.
The Judgment on merits, reparations and costs (hereinafter “the Judgment”)
delivered by the Inter-American Court of Human Rights (hereinafter “the Inter-American
Court” or “the Court”) on September 1, 2010, in which it declared the international
responsibility of the Plurinational State of Bolivia (hereinafter “the State” or “Bolivia”) for
the forced disappearance of José Luis Ibsen Peña and of his son, Rainer Ibsen Cárdenas, as
well as for the absence of a serious and diligent investigation of the facts. In the Judgment,
the Court established the violation, to the detriment of Messrs. Ibsen Peña and Ibsen
Cárdenas, of Articles 3, 4(1), 5(1), 5(2) and 7(1) of the American Convention on Human
Rights (hereinafter, “the American Convention” or “the Convention”), based on the failure to
comply with the obligation to respect and ensure the said rights established in Article 1(1)
of this instrument, all of them in relation to the obligations established in Articles I(a) and
XI of the Inter-American Convention on Forced Disappearance of Persons (hereinafter, “the
Convention on Forced Disappearance”). In addition, the Court declared that the State had
violated Articles 5(1) and 5(2) of the American Convention, in relation to Article 1(1) of this
instrument, to the detriment of Martha Castro Mendoza and of Rebeca, Tito and Raquel, all
with the surnames Ibsen Castro. Lastly, the Court established that Bolivia had violated
Articles 8(1) and 25(1) of the American Convention, in relation to Articles 1(1) and 2
thereof, to the detriment of the said next of kin of Messrs. Ibsen Peña and Ibsen Cárdenas,
and had failed to comply with the obligation embodied in Article I(b) of the Convention on
Forced Disappearance.1 In the Judgment, the Court decided that:

                                                            
*
Judge Eduardo Vio Grossi advised the Court that, for reasons beyond his control, he would be unable to
attend the deliberation and signature of this Order.
1
Rainer Ibsen Cárdenas was detained in Santa Cruz in 1971. He was deprived of his liberty for
approximately nine months and, in 1972, was extrajudicially executed. In 2008, DNA testing proved that human
remains found in the General Cemetery of La Paz corresponded to Rainer Ibsen, so that, since that time, his
whereabouts have been known definitively. José Luis Ibsen Peña was detained by the State’s security agents
without being shown any arrest warrant in 1973. Subsequently, his next of kin were informed by the State
authorities that the victim had been “exiled to Brazil” and, since then, they have no information on his
whereabouts. The official summary [in Spanish] of the Judgment delivered by the Court is available at:
http://www.corteidh.or.cr/docs/Casos/articulos/resumen_217_esp.pdf.

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