9
criminal offenses that this case involves as a “positive development”, they
pointed out that “two [of those indicted] petitioned the Ninth District Criminal
Court Judge to declare the criminal case being prosecuted against them
statute-barred, because more than five years had passed since the case
started and it had not been concluded within the legal time period […]
established in the code of criminal procedure. [...] A court order time barring
the criminal action would be a serious obstacle to criminal prosecution of the
responsible parties, because it would nullify all the progress made thus far”;
d)
they repeated that the State “has satisfactorily complied with the order
to publish the January 26, 2000 Judgment on merits in the Official Gazette”
(supra Having Seen 3(a);
e)
concerning 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”, they express
their appreciation of “the efforts and willingness of the government to
implement a broad human rights training program in the Armed Forces [and]
the adoption of the directive that introduces the Permanent Plan to Instill
Human Rights and International Humanitarian Law in the Armed Forces and
the corresponding Plan of Action. [They] believe that these efforts will afford
the Armed Forces a better understanding of human rights law, which in turn
will serve to prevent human rights violations and practices like forced
disappearances. [...] However, this measure is not sufficient to fully carry
out the Court’s order. [...They] believe that the content on the subject of
forced disappearance has to be reviewed to determine whether it is up to
standard and suitable to educate public officials on the subject of forced
disappearance. The inclusion of this subject in the Program on Humanitarian
Law and the Armed Forces is not, by itself, sufficient. Also, [...] it would be
useful to know how many public officials have actually received training on
forced disappearance [...]. and the number of persons to whom the module
on Humanitarian Law and the Armed Forces would be targeted”;
f)
as for the obligation to officially assign the name of José Carlos Trujillo
Oroza to an educational center in the city of Santa Cruz, in a public ceremony
attended by the relatives of the victim, “despite the steps taken by the
Deputy Minister of Justice, the State of Bolivia has not yet complied with this
measure of reparation; [...] the local officials in the city of Santa Cruz have
not set the date and time for the public ceremony.” As the State indicates,
the President of the Republic was present to inaugurate José Carlos Trujillo
square, but “its construction was financed entirely by the family of José Carlos
Trujillo Oroza”. The record of the Santa Cruz City Council to the effect that
the mother of the victim authorized a council member to receive the
municipal ordinance naming an educational unit after her son José Carlos
Trujillo Oroza is not correct. This measure of reparation will only be complied
with when the public ceremony is held, with the victim’s relatives present;
until then, compliance has not happened”;
g)
concerning the payment of the compensation for non pecuniary and
pecuniary damages ordered for the victim’s mother and siblings, the
representatives reiterated that “the State has satisfactorily complied with this
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents