The Commission has designated Commissioner Rodrigo Escobar Gil and
Executive Secretary of the IACHR, Santiago A. Canton, as its delegates. Likewise,
Elizabeth Abi-Mershed, Deputy Executive Secretary, and Silvia Serrano Guzmán,
attorneys at the Executive Secretariat of the IACHR will serve as legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American
Court, the Commission is enclosing with this communication a copy of Report No.
136/11 prepared in accordance with Article 50 of the American Convention, as well as a
copy of the entire file before the Inter-American Commission (Appendix I) and the
annexes used in drafting Report 136/11 (attachments). Said merits report was notified to
the Bolivian State by means of communication of November 21, 2011, granting it a twomonth term to report on the implementation of the recommendations. The State
requested an extension from the Inter-American Commission in order to report on
compliance with the recommendations. The Commission granted a two-month extension
to the State and requested that it present a report by no later than February 9, 2012. The
Commission received the State's report on time. On December 28, 2011, the State
submitted a supplementary report.
The Commission submits this case to the jurisdiction of the Inter-American Court
due to the need to obtain justice for the victims, in light of the lack of progress in
compliance with the recommendations on the part of the State of Bolivia, which did not
request an extension for such purpose.
Regarding the recommendation to order comprehensive reparation in favor of
the members of the Pacheco Tineo family for the human rights violations found in
the report, the State indicated that it is taking "diplomatic and consular steps" to make
contact with the Pacheco Tineo family. The Commission does not have information on
the results of these efforts or on concrete reparation proposals.
Regarding the recommendation to 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 the report, the State indicated that
under applicable domestic law, any possible administrative offenses committed in the
instant case are subject to statute of limitations, and therefore it is impossible to comply
with this recommendation.
Regarding the recommendation to 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
determination of refugee status, the State indicated that "instructions" had been
issued ordering immigration personnel to comply with the provisions established in the
1951 Convention relating to the Status of Refugees and its 1967 Protocol. It also
indicated that workshops are being held to provide updated training on various subjects.
In this regard, the Commission believes that the information provided is not sufficient to
find that the State has effectively complied with the recommended measures to ensure
non-repetition. For example, the subject matters of the training being conducted do not
seem to be directly related to the violations that occurred in the instant case, which
centers on the standards that apply to proceedings involving recognition of refugee
status, as well as the guarantee of non-refoulement.

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