166.
The Flores Bedregal sisters were subjected to acts of intimidation. In her affidavit,
Verónica Flores Bedregal stated that she "did not openly receive threats," but received
telephone calls to [her] office summoning a Police District on the outskirts of the city with
different absurd but frightening pretexts. She didn't show up, nor did she want to tell [her]
family, but [her] co-workers witnessed [her] worry and fear." She also mentioned that the
lawyers representing them were intimidated and threatened. She indicated that Olga Flores
Bedregal was illegally arrested in the framework of a peaceful demonstration against forced
disappearances. She also said that in 2010, after a mass in memory of Juan Carlos Flores
Bedregal, dozens of police officers attacked people that were leaving the church, causing
chaos in the crowd. In addition, in the statements given before a notary public by Verónica
and Lilian Teresa Flores Bedregal, they indicated that the sisters suffered harassment and
aggression by police officers. It also appears from the file that the Ombudsman's Office
requested that measures be adopted to guarantee the safety of the Flores Bedregal sisters in
the face of acts of harassment by State officials. Finally, in the public hearing before this
Court, Olga Flores, referring to the State, declared that "[s]he would be satisfied if they did
not continue its attack."
167. In the specific case, since the forced disappearance of Juan Carlos Flores Bedregal has
been established, and following this Court's case law, it is considered to have been proven
that the personal integrity of Mr. Flores Bedregal's sisters has been affected, since this is a
direct consequence of the disappearance of their relative. For the Court and in relation to the
Flores Bedregal sisters, the following has been demonstrated: their emotional bond with Juan
Carlos Flores Bedregal; their physical and emotional repercussions following his
disappearance; their active role in judicial proceedings, in the search for the whereabouts and
remains of their brother and in obtaining access to information from official sources, and in
particular from the Armed Forces; the fact that they became the target of acts of harassment
because of the persistent claim for the disappearance of their brother. After more than four
decades, the lack of clarification of the disappearance has altered their mourning process,
perpetuating the suffering and uncertainty. These effects will be projected over time as long
as the factors of impunity and the lack of clarification of the final whereabouts of the
disappeared victim persist. 214 As the Court has already established in its case law, the
violation of the right to the truth about the fate of a disappeared person is a form of cruel,
inhuman and degrading treatment for the close family. 215
168. Based on these considerations, the Court concludes that the State violated the right
to humane treatment recognized in Articles 5(1) and 5(2) of the American Convention, in
relation to Article 1(1) of the same instrument, to the detriment of Olga Beatriz, Eliana Isbelia,
Verónica, and Lilian Teresa Flores Bedregal.
VIII
REPARATIONS 216
169. Based on the Article 63(1) of the American Convention, the Court has indicated that
any violation of an international obligation that has caused damage entails the duty to
adequately remedy it, and that this provision includes a customary norm that constitutes one
214
Cf. Case of Goiburú et al. v. Paraguay, supra, para. 103, and Case Rochac Hernández et al. v. El Salvador.
Merits, Reparations, and Costs. judgment of October 14, 2014. Series C No. 285, para. 122.
215
Cf. Case of Trujillo Oroza v. Bolivia, supra, para. 114.
216
Article 64 of the American Convention.
50