3
Based on the foregoing considerations, while the State of Bolivia has taken some
initial steps toward complying with two of the three recommendations, thus far the
recommendations have not been met.
The Inter-American Commission submits to the jurisdiction of the Court the entire
set of facts and human rights violations set forth in the report on the merits No. 136/11
and requests that the Court find and declare that:
1. The State of Bolivia is responsible for the violation of the right to a fair
trial, the right to seek asylum and the principle of non-refoulement,
enshrined in articles 8, 22(7), and 22(8) of the American Convention,
taken in conjunction with Article 1(1) of that instrument, to the detriment of
Rumaldo Juan Pacheco Osco; Fredesvinda Tineo Godos; and the minors
Frida Edith, Juana Guadalupe, and Juan Ricardo Pacheco Tineo.
2. Based on the principle of iura novit curia, the State of Bolivia is
responsible for the violation of the right to judicial protection enshrined in
article 25 of the American Convention, taken in conjunction with Article
1(1) of that instrument, to the detriment of Rumaldo Juan Pacheco Osco;
Fredesvinda Tineo Godos; and the minors Frida Edith, Juana Guadalupe,
and Juan Ricardo Pacheco Tineo.
3. The State of Bolivia violated the right to mental and moral integrity
enshrined in article 5(1) of the American Convention, taken in conjunction
with article 1(1) of that instrument, to the detriment of Rumaldo Juan
Pacheco Osco; Fredesvinda Tineo Godos; and Frida Edith, Juana
Guadalupe, and Juan Ricardo Pacheco Tineo.
4. The State of Bolivia is responsible for the violation of the obligation to
provide special protection to children recognized in article 19 of the
American Convention, taken in conjunction with Article 1(1) of that
instrument.
Based on the foregoing conclusions, the Commission recommended that the State:
1. Order comprehensive reparation in favor of the members of the
Pacheco Tineo family for the human rights violations found in this report.
This reparation should include compensation for the material and nonpecuniary damages suffered. The presence of the Pacheco Tineo family
in another country should not be considered an obstacle in carrying out
this recommendation. It is incumbent on the Bolivian State to order the
necessary efforts through diplomatic and consular channels to ensure this
reparation.
2. Order administrative, disciplinary, and other measures to address the
acts or omissions of the government officials who took part in the human
rights violations found in this report.
3. Adopt measures to ensure non-repetition, including training for
officials in charge of immigration proceedings that could result in the
deportation or expulsion of immigrants and of proceedings for the