REPORT Nº 53/04 PETITION 301/02 ADMISSIBILITY RUMALDO JUAN PACHECO OSCO, FRIDA PACHECO TINEO, JUANA GUADALUPE PACHECO TINEO, AND JUAN RICARDO PACHECO TINEO BOLIVIA October 13, 2004 I. SUMMARY 1. 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. 2. 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. 3. As of the date of this report the State has submitted no comments in reference to this petition. 4. 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. II. PROCESSING BY THE COMMISSION 5. 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. 6. 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. III. A. POSITIONS OF THE PARTIES Petitioners

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