of its reception is not legible and it does not appear in the files of this entity (the State provided
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another certification in this regard ).
51.
The Court notes that, in their motions and arguments brief, the representatives had
asked the Court to require certain information from the Chilean Consulate in Bolivia. The Order
of the President indicated that “at the appropriate moment, a decision w[ould] be taken on the
pertinence of requiring the information requested.” Subsequently, following a request of the
Court in application of Articles 26 (“Cooperation of the States”) and 58(c) (“Procedure for
obtaining evidence”) of the Rules of Procedure, the State of Chile confirmed the authenticity of
the documentation provided by the presumed victim and his representatives and, in particular,
of the Chilean authorities that issued it and the respective dates. In other words, there is no
doubt about the authenticity of the documentation provided. Following this, on July 12, 2013,
the State of Bolivia asked the Court to require “the Chilean Government to send information on
the confirmation of receipt and processing given to the note received by the Chilean Consulate
General in Bolivia on July 9, 2012, and which had not yet been answered.” The State of Chile
was asked to provide this information, and answered by forwarding a note from that Consulate
dated August 13, 2013, addressed to the Bolivian Ministry of Foreign Affairs in which it
responded to the request. On receiving this note, on September 19, 2013, the State advised the
Court that it “corroborated that it was unaware of the information” and that “the Chilean State’s
delay in forwarding the information had influenced the actions of the Plurinational State of
Bolivia in the proceedings before this international court, […] so that the State’s good faith could
not be doubted.”
52.
The Court notes that the documentation received is related to the request, opportunely
presented by the representatives, for the Court to eventually request helpful evidence. In
addition, given that the documentation transmitted by the presumed victims refers to actions of
Bolivian institutions and agents involved in the facts, the State should have known or could have
had access to the same information or a large part of it. To this extent, the burden of proof
cannot fall on the presumed victims who could only have access to the information indirectly
through another State and forwarded it to the Court. The documentation provided may be
relevant to this case, in which one of the central facts disputed between the parties is whether
the Bolivian immigration authorities knew or were informed about the resident or refugee status
of the presumed victims in Chile, or about their real possibility of returning to that country
before their deportation from Bolivia. The relevance of the information is such that the State
itself has indicated that, if it had known of its existence, it would have undertaken “internal
investigations and, if necessary, would have examined the possibility of acquiescing to the legal
consequences.” In addition, based on the adversarial principle, once received, this
documentation was promptly forwarded to the State, which has had full opportunity to exercise
its right of defense and has even provided other documents in this regard. Consequently,
because it considers them useful for deciding this case, the Court incorporates the documents
referred to above, provided by both the presumed victims and the State, into the body of
evidence under Article 58(c) of the Rules of Procedure.
iv.
Annexes to the State’s final written arguments
53.
With regard to the documents provided with its final written arguments, concerning
which the representatives and the Commission were given the opportunity to present
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During the hearing, the State presented a General Immigration Directorate report of March 15, 2013, which
responded to a request of the Attorney General regarding whether there was “documentation sent by the Consulate
and/or Embassy of Chile to the General Immigration Service (current General Immigration Directorate) dated February
19, 20, 21 and 22, 2001, accrediting that, at that time, Romualdo Pacheco Osco and Fredesvinda Tineo Godos, Peruvian
nationals, had refugee status in Chile.” This document indicates that “a report of March 15, 2013, issued by […] the
Head of the National Archive of [the said] Directorate […] established that, following a search of the documentation that
exists in the National Archive for 2001, no documentation sent by the Consulate and/or Embassy of Chile was found for
the dates indicated” (evidence file, folio1345.).
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