annulment by the Peruvian Supreme Court of Justice of the acquittal decided in the context of the above-mentioned trial for terrorism against them in that country.50 On October 20, 1995, the Peruvian Consulate in La Paz issued them with Peruvian passports while they were in Bolivia.51 68. On October 16, 1995. Mr. Pacheco Osco applied to the National Refugee Commission (CONARE) for recognition of refugee status in the State of Bolivia,52 through the Centro de Estudios y Servicios Especializados sobre Migraciones Involuntarias (hereinafter “CESEM”) and UNHCR.53 In application of Supreme Decree No. 19640 of July 4, 1983,54 CONARE granted refugee status to the members of the Pacheco Tineo family at that time.55 69. On March 4, 1998, Rumaldo Pacheco signed a sworn statement “of voluntary repatriation” before CESEM. This document indicated that the repatriation would be executed together with his wife Fredesvinda, and his daughter Juana Guadalupe, and “directly to Peru, without stopovers in another country”; also, underneath his signature there is a handwritten note indicating “because no attention has been provided since January 1998.”56 70. In its answering brief, the State provided to these proceedings, for the first time, decision No. 156/98 of the SENAMIG Directorate dated March 20, 1998, which indicates the following:57 50 Cf. Letter of Rumaldo Pacheco Osco to the IACHR dated January 8, 2007 (evidence file, folios 243). 51 Cf. Copy of the passports of Rumaldo Pacheco and Fredesvinda Tineo (evidence file, folios 7 and 26). 52 According to Supreme Decree 19639 of July 4, 1983, “Article 1: The National Refugee Commission shall be established, which shall be composed as follows: one delegate of the Ministry of Foreign Affairs and Worship; one delegate of the Ministry of the Interior, Immigration and Justice’; one delegate of the Ministry of Labor and Employment Creation; one delegate of the Church; one delegate of the Permanent Human Rights Assembly; one delegate of the Universidad Mayor de San Andrés, Faculty of Law, and one delegate of UNHCR. This National Commission, which shall be of a transitory nature, shall be responsible for advising both the Ministry of Foreign Affairs and Worship and the Ministry of the Interior, Immigration and Justice, on the determination of refugee status” (evidence file, folios 130 to 162). 53 115). Cf. Certification issued on June 14, 1996, by the UNHCR Office for Southern Latin America (evidence file, folio 54 Supreme Decree 19640 of July 4, 1983: “Article 1. Anyone who, owing to well-founded fears of being persecuted for reasons of race, religion, nationality, membership of a certain social group, or political opinions, is outside their own country and is unable, owing to these fears, or does not wish, to avail themselves of the protection of that country, or who, lacking a nationality and, therefore, finding themselves out of the country where they have had their usual residence previously, is unable or, because of the said fears, does not wish to return to it, shall be considered a refugee under the terms of this Decree. Article 2. All those persons who have been forced to flee from their country owing to internal armed conflicts, violence, foreign occupation or domination, gross human rights violations, or because of events of a political nature that seriously alter public order in the country of origin or provenance, shall also be considered a refugee for humanitarian reasons. […] Article 4. In order to classify an alien as a refugee, application shall be submitted to the Ministry of Foreign Affairs and Worship, and, through the corresponding Directorate, the Ministry shall receive the confidential written statement of the applicant and the evidence that the latter is able to provide, and shall proceed to deal with the applications, after evaluating them, in accordance with the provisions of the relevant international instruments and the recommendations and documents issued by the Office of the United Nations High Commissioner for Refugees. Denials of refugee status shall be communicated to the applicant and to the United Nations High Commissioner for Refugees, and these may be reconsidered within a maximum period of 30 days. Article 5. The declaration of refugee status grants the alien the protection of the State consisting in non-refoulement, whether or not this is the country of origin where his or her right to life or to personal liberty is at risk of violation based on the reasons indicated in articles 1 and 2, owing to the principles established in Article 33 of the 1951 Convention relating to the Status of Refugees and Article 22, paragraph 8, of the American Convention on Human Rights, and pursuant to the provisions of the Constitution of the State, First Title “Fundamental rights and duties of the individual” and Second Title “Guarantees of the individual.” Based on this declaration, the refugee will receive: authorization to reside indefinitely or temporarily in Bolivia, a travel and identity document when required, the right to work, and the other attributes and rights that correspond to him or her in accordance with the terms of the said 1951 United Nations Convention.” 55 46). Cf. CONARE decision No. 360 of November 22, 1996, signed by the President of CONARE (evidence file, folio 56 Cf. Sworn statement on voluntary repatriation signed by Juan Rumaldo Pacheco Osco on March 5, 1998 (evidence file, folio 48). 57 Cf. Decision of the Directorate of the National Immigration Service No. 156/1998 of March 20, 1998 (evidence file, folio 987). 22