That refugees may return to their countries of origin voluntarily, thereby losing their refugee status, as established in chapter 1, paragraph C(1) of the 1951 United Nations Convention relating to the Status of Refugees) […] That, pursuant to CESEM note CS/109/98 dated March 20, 1998, which accompanies the “Sworn statement of voluntary repatriation to the Republic of Peru” of Juan Pacheco, with his wife and daughter. That pursuant to the Sixth Title, Chapter IV “On the Permanence of refugees and those granted asylum” of [Article 41 of] Supreme Decree No. 24423 of November 29, 1996,"58 […] THEREFORE: IT IS DECIDED: To consider concluded the “Temporary courtesy residences” granted on March 10, 1989, by decision No. 142/98 of this National Directorate to Rumaldo Juan Pacheco Osco, […] his wife, Fredesvinda Tineo Godos, […] and his minor daughter Juana Guadalupe Pacheco Tineo […]. Also to his minor daughter Frida Edith Pacheco Tineo […]. Because they are all of Peruvian nationality and owing to CONARE decision No. 360 granted on November 22, 1996, at the express request of the interested person, and owing to his leaving the country of his own free will and without the authorization of the Supreme Government. 71. The Court notes that the State had not provided this decision during the processing of the case before the Commission, and it does not appear in the Merits Report. Furthermore, the supposed issue of this decision is not described in the narration of the events contained in other reports and documents issued by Bolivian authorities in relation to the facts of this case. 59 Consequently, the issue of this decision has not been proved. 72. On March 21, 1998, the Pacheco Tineo family left Bolivian territory to go to the Republic of Chile by Tambo Quemado, in the department of Oruro,60 on the border with Chile.61 In their statements, the presumed victims indicated that they never returned to Peru after they left Bolivia, but went directly to Chile. On August 24, 1998, the UNHCR agency in Chile issued certifications indicating that the members of the Pacheco Tineo family at the time had applied to the Government of Chile for refugee status and that they were recognized as such by the UNHCR Regional Office for Southern Latin America. 62 The State of Chile granted them this status on December 29, 1998.63 73. On February 3, 2001, Rumaldo Juan Pacheco Osco and Fredesvinda Tineo Godos left the Republic of Chile by the Chilean border control post on the Chacalluta highway.64 The Commission indicated in its report that it had no precise information on what happened between 58 According to article 41 of Supreme Decree 24423, “aliens to whom the Supreme Government has granted political asylum and those to whom, through the respective national organizations, it has granted refugee status, who must necessarily register on the Aliens Register, shall enjoy a one-year residence permit, renewable for a further year, indefinitely, until the reasons disappear that resulted in the asylum or refuge. […] Those granted political asylum and refugees are obliged to comply with the law, the norms of the Republic, and the directives of the departmental administrations in the area of residence that they may have been assigned or where they establish their domicile, which they are obliged to register. […] The alien who enjoys either refugee status or asylum shall lose this status if he should leave the country of his own free will, without express authorization of the Supreme Government granted through the Subsecretariat of Immigration and without the travel document that he has been granted. He shall also lose it if he returns voluntarily to his country of origin.” 59 Thus, this decision is not mentioned in the reports presented by the former Chief Adviser on Migration to the Director of SENAMIG; in the minutes of the CONARE meeting that rejected the second application for refugee status of the Pacheco Tineo family, in the habeas corpus proceeding, or in the SENAMIG deportation decision. 60 Cf. Copy of the passports of Rumaldo Pacheco and Fredesvinda Tineo (evidence file, folios 9 and 28). 61 Both their passports indicate the departure for reasons of “residence concluded,” with the dates of March 20 and 28, 1998, although it is not possible to determine whether the stamp was placed by the Bolivian authorities. Cf. Copy of the passports of Rumaldo Pacheco and Fredesvinda Tineo (evidence file, folios 10 and 29). 62 Cf. Certification issued by the lawyer, Roberto Garretón Merino, Coordinator, UNHCR Chile, on August 24, 1998 (evidence file, folios 119 and 120). 63 Cf. Certification issued by the Social and Pastoral Vicariate, Chilean Implementation Agency for UNHCR, on July 13, 2001 (evidence file, folio 113). 64 Cf. Copy of the passports of Rumaldo Pacheco and Fredesvinda Tineo (evidence file, folios 11 and 30). 23