documents (infra para. 98). Based on the above, it has not been proved that any documents,
other than the passports, were retained.
C.3
Arrest of Fredesvinda Tineo. Filing of the application for habeas
corpus. New request for refugee status. Communications between
Bolivian and Chilean authorities. Participation of the Public
Prosecution Service.
80.
That same February 20, 2001, Fredesvinda Tineo Godos was arrested. In this regard, the
report of the former Chief Adviser on Migratory Affairs reads:
“Having noted her illegal entry, Mrs. Tineo was made available to the Inspectorate and Residence Permit
Directorate of the National Immigration Service. […] Mrs. Tineo had violated the Bolivian (and Peruvian and
Chilean) immigration laws; therefore, the National Inspectorate transferred her as a detainee to the offices of
the National Police until her deportation from Bolivia the following day. […] The word ‘kidnapped’ is not
appropriate, rather that of arrested or detained.” “Pacheco left the offices of the Immigration Service and did
not return.”80
81.
The communication of February 20, 2001, addressed by the National Director of the
Inspectorate and Residence Permit Directorate of SENAMIG to the Departmental Commander of
the Judicial Technical Police (P.T.J.) indicated: “I hereby wish to advise you that I am
transferring to your safekeeping FREDESVINDA TINEO GODOS (Peruvian), because we do not
have cells in our offices.”81 Mrs. Tineo was taken to the police cells located on Sucre Street,82 in
the afternoon or the evening.83
February 21, 2001
82.
On February 21, 2001, an application for habeas corpus was filed in the name of
Fredesvinda Tineo,84 against Oswaldo Rea Galloso, Director of the Inspectorate and Residence
Permit Directorate of SENAMIG, “and other authorities of the ‘P.T.J.’, in the person of their
director,” as follows:
“On February 20, I arrived through Casani, on the Peru-Bolivia border, illegally, as I am a refugee; once I
arrived in this town, I went to the immigration offices in order to regularize my documents, but OSWALDO REA
GALLOSO had me detained illegally, and without any charges against me, in addition he lodged me in a cold,
dark cell on Sucre Street, without recognizing my constitutional rights and human rights. Therefore, I submit to
your consideration this special remedy of habeas corpus against that authority and authorities of the PTJ […],
hereby requesting my freedom of movement in order to regularize my legal situation and proceed to the
Republic of Chile.”
83.
That same February 21, Mr. Pacheco Osco visited the Episcopal Conference of the La
Paz/Pastoral de Movilidad Humana (Bolivian Episcopal Conference or “CEB”), at that time in
charge of UNHCR Bolivia (CEB-UNHCR project), in order to take the necessary measures for
recognition of refugee status on his own behalf and on behalf of his wife Fredesvinda Tineo.85
80
Cf. Report of March 23, 2004, addressed by Juan Carlos Molina, Chief Adviser of SENAMIG, to Rodolfo Téllez
Flores, Director of Legal Affairs of SENAMIG (evidence file, folio 35-42).
81
Communication of SENAMIG to the National Police dated February 20, 2001 (evidence file, folio 52).
82
Cf. Record of the public hearing on habeas corpus issued by the Ninth District Criminal Court on February 22,
2001 (evidence file, folio 1011).
83
Cf. Report of the Director of SENAMIG to the Office of the Criminal Prosecutors of April 11, 2011 (evidence file,
folio 83) stating that “Fredesvinda Tineo was detained on the afternoon of February 20 until 9 a.m. on February 21.” See
also: Record of the public hearing on habeas corpus issued by the Ninth District Criminal Court on February 22, 2001
(evidence file, folio 1011) and Judgment No. 233/01 of the Constitutional Court on the review of the decision ruling that
the remedy of habeas corpus filed on February 21, 2001, was partially admissible (evidence file, folios 72 and 73).
84
Cf. Brief filing the remedy of habeas corpus before the acting criminal judge dated February 21, 2001 (evidence
file, folio 54).
85
Cf. Certification issued by the Pastoral de Movilidad Humana (evidence file, folio 111).
27