INTER - AMERICAN COMMISSION ON HUMAN RIGHTS COMISION INTERAMERICANA DE DERECHOS HUMANOS COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME ORGANIZACIÓN DE LOS ESTADOS AMERICANOS WASHINGTON, D.C. 2 0 0 0 6 EEUU February 21, 2012 Ref.: Case No. 12.474 Familia Pacheco Tineo Bolivia Mr. Secretary: I am pleased to address you on behalf of the Inter-American Commission on Human Rights in order to file Case No. 12.474 against the Plurinational State of Bolivia (hereinafter “the State,” “the Bolivian State” or “Bolivia”), before the jurisdiction of the Honorable Inter-American Court of Human Rights., relating to the return of the Pacheco Tineo family to the State of Peru on February 24, 2001, as a result of a rejection of their application for recognition of refugee status in Bolivia. The Pacheco Tineo family—made up of Rumaldo Juan Pacheco Osco; his wife, Fredesvinda Tineo Godos; and their children, Juana Guadalupe, Frida Edith, and Juan Ricardo Pacheco Tineo—entered Bolivia on February 19, 2001. The immigration authorities became aware of their irregular status and ordered measures with a view to their expulsion to Peru. This led Rumaldo Juan Pacheco Osco to apply to the State of Bolivia for recognition of refugee status for himself and his family. This application was rejected in a matter of hours, in a summary fashion and in violation of several due process guarantees. As a result, the Pacheo Tineo family was expelled to Peru on February 24, 2001. In its Report on the Merits, the Commission concluded that the Bolivian State had violated the right to mental and moral integrity, for the violation of the right to judicial protection, the right to a fair trial, the right to seek asylum and the principle of non-refoulement. Finally, the State of Bolivia is responsible for the violation of the obligation to provide special protection to children. Pablo Saavedra Alessandri, Secretario Inter-American Court of Human Rights Apartado 6906-1000 San José, Costa Rica Attachments The State of Bolivia ratified the American Convention on Human Rights (hereinafter “the American Convention” or “the ACHR”) on July 19, 1979 and accepted the contentious jurisdiction of the Court on January 21, 1981.