6
legislative agenda, urgent attention” be given to the bill to criminalize the
forced disappearance of persons, “introduced in the 2001-2002 legislature.”
On January 16, 2004, the President of the Republic sent a note to the
President of Congress in which he asked that the bill be passed;
c)
concerning compliance with the obligation to investigate, identify and
punish those responsible for the wrongdoing that the present case concerns,
“by Note PRES.538/04, dated August 9, 2004, the Chief Justice of the
Supreme Court remitted the Order of Indictment, dated June 7, 2004 and
issued by the Examining Magistrate of the town of Warnes against the
accused Ernesto Morant Lijeron, Justo Sarmiento Alanes, Oscar Menacho
Vaca, Pedro Percy Gonzáles Monasterio, Juan Antonio Elio Rivero and Elías
Moreno Caballero. The order of indictment names the suspects and makes it
possible for their criminal prosecution and punishment to go forward”;
d)
the State reiterated that it had already complied with the obligation to
publish the January 26, 2000 judgment on the merits in the Official Gazette
(supra Having Seen 3(a);
e)
As for compliance with the obligation to adopt, “in accordance with
Article 2 of the Convention, […] those measures for the protection of human
rights that ensure the free and full exercise of the rights to life, freedom and
humane treatment, and to a fair trial and judicial protection, in order to avoid
future harmful acts such as those of this case,” Bolivia reported that in June
2004 the Ministry of Defense issued a directive titled “Permanent Plan to
Instill Human Rights and International Humanitarian Law into the Armed
Forces of the Nation,” and presented a copy of that plan. The State presented
an August 4, 2004 report done by the Officer in Charge of the Human Rights
Area of the Ministry of Defense, titled “Compliance with the Judgment on
Reparations against the State of Bolivia in the Trujillo Oroza Case,” which
stated, inter alia, that: the Permanent Plan to Instill Human Rights and
International Humanitarian Law in the Armed Forces would “find its way into
every area and level of the Defense Sector, Ministry of National Defense,
Office of the Joint Command of the Armed Forces, the Air Force, the Navy
(Large Units, Small Units, and dependent military outposts) and military
tribunals.” The State also reported that various seminars and workshops had
been conducted on the subject of human rights and international
humanitarian law. “As for the need to make in-depth study of “Forced
Disappearance of Persons” a specific topic in the educational curriculum of
members of the Armed Forces, the State pointed to the fact that it is already
in the Outline of Annex ‘C’, under point III, Analytical Program, section A,
Humanitarian Law and the Armed Forces.” It also provided a copy of the
program’s contents. The State also submitted a copy of memorandum MDGDGSC-REI-079/004, dated August 9, 2004, “Re. Forced Disappearance of
Persons”, from the Minister of Government to the General Commandant of the
National Police. There he writes that “[i]n view of the judgments delivered by
the Inter-American Court of Human Rights in the proceedings it conducted
during its LXII regular session, […] you are hereby advised of the […] points
on which additional information is required, one of which is the need to make
in-depth study of forced disappearance part of the educational curricula of the
National Police [, …] instructions should be given to have study of the InterAmerican Convention on Forced Disappearance of Persons included in the
curriculum of the Police Academy and at higher institutions for police studies”;
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