Assembly.131 On the same date, the Head of the Human Rights Unit sent a report to the Vice
Minister of Human Rights in which he summarized the facts and indicated:
“When the Pacheco Tineo family left Bolivian territory [in 1998], they went to the Republic of Chile where they
achieved refugee status, under the conditions of the State granting this. […] All this information has been
reported to you so that, in the case of the refoulement of the Pacheco Tineo family, you would recommend that
this should be to the Republic of Chile, a concern that the National Refugee Commission (CONARE) was
informed of at its last meeting.”132
111. On April 9, 2001, the Director of SENAMIG sent a report to the Ministry of the Interior of
Bolivia, recapitulating the facts from the time of the Pacheco Tineo family’s visit to the
immigration office up until their deportation.133
112. The same day, April 9, 2001, the Prosecutor General’s Office requested the Director of
SENAMIG to provide a report. The request indicated that the Special Operations Division of the
Departmental Directorate of the Judicial Technical Police “has been conducting an investigation
ex officio and at the request of the Human Rights Committee of the Chamber of Representatives
with regard to the arbitrary and undue detention of the Pacheco Tineo family, and the fact that
they were sent detained to the Peruvian police […].” 134 This request was received by SENAMIG
on April 10,135 and answered by a report the following day.136 No other results of this investigation
were provided.
113. On August 1 and 7, 2001, respectively, Rumaldo Juan Pacheco Osco and Fredesvinda
Tineo Godos entered the Republic of Chile by the immigration control post of the Arturo Merino
Benítez airport.137 Currently, the Pacheco Tineo family live in Chile, with “permanent residence”
in this country since May 13, 2002. Rumaldo Pacheco indicated that they have returned to Peru
at least once a year and, since then, have not had problems in that country. 138
VII.
MERITS
114. Based on the alleged violations of the Convention, the Court will now analyze the merits
of this case as follows: (1) the rights to judicial guarantees and judicial protection in relation to
the right to freedom of movement and residence (right to seek and to be granted asylum and
principle of non-refoulement) in cases of deportation of migrants and of applicants for refugee
status; (2) the right to personal integrity; (3) the right to special protection of children in
relation to the rights to protection of the family, to judicial guarantees and to judicial protection,
and (4) the obligation to adopt provisions of domestic law and the principle of legality.
131
Cf. Communication of the Human Rights Committee of the Chamber of Representatives of Bolivia to the Vice
Minister of the Interior Regime and Police of Bolivia, of March 30, 2001 (evidence file, folio 75).
132
Cf. Report to the Vice Minister of Human Rights of March 30, 2001 (evidence file, folios 78 and 79).
133
Cf. Report of the Director of SENAMIG to the Minister of the Interior of April 9, 2001 (evidence file, folios 85 to
87).
134
Cf. Request for a report by the Prosecutor General’s Office (Office of the Criminal Prosecutor of La Paz) of April
9, 2001 (evidence file, folio 81).
135
Cf. Request for a report by the Prosecutor General’s Office (Office of the Criminal Prosecutor of La Paz) of April
9, 2001 (evidence file, folio 81).
136
83).
Report of the Director of SENAMIG to the Office of the Criminal Prosecutor of April 11, 2011 (evidence file, folio
137
Cf. Copy of passports of Rumaldo Pacheco and Fredesvinda Tineo (evidence file, folios 13 and 30).
138
Statement made by Rumaldo Pacheco before the Inter-American Court at the public hearing held on March 20,
2013.
37
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