REPORT Nº 53/04
RUMALDO JUAN PACHECO OSCO, FRIDA PACHECO TINEO,
JUANA GUADALUPE PACHECO TINEO, AND JUAN RICARDO PACHECO TINEO
October 13, 2004
On April 25, 2002, the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the IACHR”) received a petition submitted by Mr.
Rumaldo Juan Pacheco Osco and Mrs. Fredesvinda Tineo Godos (hereinafter “the
petitioners”) alleging the responsibility of the State of Bolivia (hereinafter “the State”
or “the Bolivian State”) for illegally restricting their freedom and violating such basic
rights as the right to life and to physical, mental, and moral integrity and the rights of
the child, as set forth in the American Convention on Human Rights (hereinafter “the
American Convention” or “the Convention”), duly ratified by the Government of Bolivia,
and in other international instruments including the International Refugee Convention
and its statute, the Convention on Rights of the Child, and others.
The petitioners claim that the State is responsible for violating, with respect to
them and their children, the rights to humane treatment, to personal liberty, and to a
fair trial, the rights of the child, and the right of freedom of movement and residence,
as enshrined in Articles 5, 7, 8, 19, and 22 of the American Convention, together with
the general obligation of respecting and ensuring the rights protected by the
Convention set out in Article 1(1) thereof.
As of the date of this report the State has submitted no comments in reference
to this petition.
After examining the petitioners’ position and considering the State’s silence in
light of the requirements for admissibility set forth in the American Convention, the
Commission decides to declare the case admissible as regards Articles 1(1), 5, 7, 8,
17.1, 19, and 22 of the Convention, to notify the parties thereof, to publish this
decision, and to include it in its Annual Report.
PROCESSING BY THE COMMISSION
The Commission received the petition in question on April 25, 2002, and
acknowledged receipt of it on May 20, 2002. On December 27, 2002, the IACHR
received additional information from the petitioners.
On January 9, 2004, the Commission forwarded the relevant parts of the
complaint to the State and granted it a period of two months in which to respond. As
of the date of this report the Commission has received no response from the State in
connection with that communication.
POSITIONS OF THE PARTIES