C.3.1. Access to information contained in military archives
194. The Commission requested that the necessary measures be taken for the State to
comply with its obligation regarding access to information contained in state archives,
including military archives, related to the serious human rights violations committed during
the dictatorship of Luis García Meza, and to enact a law and establish institutional mechanisms
to guarantee its full and effective exercise. It also requested that the State be ordered to
adopt public policies aimed at obtaining, producing, analyzing, reconstructing, organizing,
and facilitating access to such information by Mr. Flores Bedregal's family members and
society as a whole.
195.
The representative requested that Bolivia be ordered to establish: a) policies aimed
at obtaining, producing, analyzing, reconstructing, organizing, and facilitating the information
contained in state archives, including military archives, in accordance with international
standards; b) legal and institutional mechanisms to ensure full and effective access to public
information; and c) guarantee the right to the truth through a legal framework in accordance
with international standards and the best practices in the field.
196.
The State rejected the claims on the grounds that justice operators, the Truth
Commission, and the public administration have access to military archives only by court
order.
197. In the analysis on the merits of this case (supra paras. 153 and 155) the Court
determined that Article 98 of the Organic Law of the Armed Forces of Bolivia runs contrary to
the standards established by the Court's case law on access to information by victims of
serious human rights violations. Therefore, this Court concluded that the State prevented the
relatives of Juan Carlos Flores Bedregal from accessing information relevant to the clarification
of his forced disappearance in the context of the coup d'état of July 17, 1980, and restricted
the judicial proceedings related to that information, thus violating the rights to seek and
receive information, and to the judicial independence enshrined in Articles 13(1), 13(2), and
8(1) of the American Convention, in relation to Articles 1(1) and 2 of the same instrument,
as well as the right to know the truth. In view of the foregoing, the State must adopt the
legislative, administrative, and any other measures necessary to strengthen the regulatory
framework for access to information in cases of alleged human rights violations within a
reasonable time, and in particular with regard to the regulations governing the withholding of
information under the Organic Law of the Armed Forces when it prevents the clarification of
the forced disappearance of persons. In this sense, within the framework of their respective
scopes of authority and the corresponding procedural regulations, the state authorities must
exercise ex officio control of conventionality between the domestic rules and the American
Convention in light of the interpretation made by the Inter-American Court in this case.
198. Furthermore, in accordance with the decision of this judgment, the State must lift,
within a period of one year from the notification of this judgment, the confidential nature of
any documentation related to the forced disappearance of Juan Carlos Flores Bedregal in the
context of the events that occurred on July 17, 1980, which are under the Armed Forces and
other state entities' control.
199. Likewise, the State must establish a system that allows open digital access to the Truth
Commission's Report, within one year from the notification of this judgment, in order to
remove the material obstacles to its consultation in the Library of the Plurinational Legislative
Assembly.
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