was sent to SENAMIG on that date, by fax, at 11.02 a.m., and then by Messenger at 1 p.m.; 113
and that the original was sent “by hand and was received by the said office, as recorded by the
seal stamped on the lower right side,” which indicates “Ministry of the Interior, Bolivian National
Immigration Service, U.R.D.C. La Paz.”
99.
Furthermore, on the same date, the Chilean Consulate General in La Paz issued a
“document for the International Police and the Chilean Carabineros at the Chungará
international border post” indicating that “the bearers of this document [citing the members of
the Pacheco Tineo family] are authorized to enter Chilean territory,” and asking them to
“facilitate their entry.”114 The Consul General also informed Rumaldo Pacheco about the entry
authorization and he signed the communication and the document for the Police indicating that
he had received them.115
February 24
100. Despite the above, the order to deport the Pacheco Tineo family was executed during the
morning of February 24.116
101. Witness Molina stated that they were deported to Peru because, “according to the norms
[in force], persons [whose migratory status was] irregular were returned by the same means, to
the same place by which they entered, or otherwise, returned to their country of origin.”117
102. Regarding the details of the circumstances in which the family was detained and taken to
the border with Peru, the undisputed facts are that: (a) the family was going to the La Paz bus
station where they were going to get on a bus to Arica, Chile, when they were approached by
the Bolivian immigration authorities responsible for detaining and deporting them, accompanied
by members of the Bolivian National Police, and (b) the family was taken in two vehicles from La
Paz to Desaguadero, and the children were transported in a vehicle separate from at least one
of their parents during the trip.118
103. Thus, on February 24, 2001, Rumaldo Juan Pacheco Osco and Fredesvinda Tineo Godos,
together with their three children, were deported from Bolivia119 to Peru by the placed known as
Desaguadero.120 The State indicated that, once in Desaguadero, they had to wait until the
corresponding Bolivian and Peruvian immigration offices were open and, while waiting, the
family was fed.121 According to a communication from the Head of Immigration - Desaguadero
(on the Bolivian side) to the Head of Immigration of Desaguadero (on the Peruvian side), Mr.
Pacheco Osco and Mrs. Tineo Godos were made available to the Peruvian authorities. The
113
1513).
Cf. Communication No. 130 CONGECHILE La Paz to DIGECONSU, of February 26, 2001 (evidence file, folio
114
Cf. Document for the International Police and the Chilean Carabineros at the Chungará international border post
dated February 23, 2001 (evidence file, folio 1520).
115
Cf. Communication of the Chilean Consulate General in La Paz to Rumaldo Pacheco dated February 23, 2001
(evidence file, folio 1521).
116
Report of the Director of SENAMIG to the Criminal Prosecutor’s Office of April 11, 2011 (evidence file, folio 83).
117
Cf. Statement made by Juan Carlos Molina before the Inter-American Court on March 20, 2013.
118
While the Pacheco Tineo couple affirm this, witness Molina stated that Mrs. Tineo was in one vehicle with the
children and Mr. Pacheco in the other one. Cf. Statement made by Juan Carlos Molina before the Inter-American Court
on March 20, 2013.
119
Cf. Communication of the Head of Immigration of Desaguadero–Bolivia to the Head of Immigration of
Desaguadero–Peru, dated February 24, 2001 (evidence file, folio 70).
120
Cf. Copy of the passports of Rumaldo Pacheco and Fredesvinda Tineo (evidence file, folios 12 and 30).
121
Cf. Report of Juan Carlos Molina sent to Rodolfo Téllez Flores, Director of Legal Affairs of the National
Immigration Service, dated March 23, 2004 ((evidence file, folio 36).
34
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