perpetrated in 1980, while the representatives and the Commission alleged that neither the
circumstances of Mr. Bedregal's death nor his whereabouts have yet been clarified, so he
would be the victim of Forced Disappearance with effects continuing over time.
20.
This Court has held from its earliest cases 10 that the disappearance of persons involves
multiple and continuing violation of several rights recognized in the Convention and in general
international law, which States are obliged to respect and guarantee. Likewise, the United
Nations Declaration on the Protection of all Persons from Enforced Disappearance (1992)
includes several principles of international law on the matter, which can be invoked pursuant
to Article 29(d) of the American Convention. Specifically, Article 17(1) states that "[a]cts
constituting Forced Disappearance shall be considered a continuing offence as long as the
perpetrators continue to conceal the fate and the whereabouts of persons who have
disappeared and these facts remain unclarified." 11 The foregoing means that the violation of
the rights affected as a result of the Forced Disappearance may extend continuously or
permanently until the fate or whereabouts of the victim are established. These principles were
later taken up by treaties such as the aforementioned Inter-American Convention on Forced
Disappearance of Persons, and the International Convention for the Protection of All Persons
from Enforced Disappearance, adopted within the United Nations framework. Both
instruments were duly ratified by Bolivia.
21.
In the instant case, the Court notes that the characterization of the conduct
perpetrated on July 17, 1980, and its continuing effects are part of the dispute in this process.
Therefore, before determining the sources of the applicable international obligations and how
long they have been in force for Bolivia, the Court must examine the facts and evaluate the
evidence on the record.
22.
In conclusion, the resolution of the preliminary objections pm ratione temporis and
ratione materiae articulated by the State in relation to the Court's jurisdiction depends on the
determination of the facts that will be part of the analysis in the merits of this Judgment and,
therefore, it is not appropriate to address it at the stage of preliminary objections.
23.
Regarding the Court's alleged lack of jurisdiction by reason of time in relation to the
judgment issued on April 15, 1993, in the cumulative Suits for Damages followed by the Public
Prosecutor and its interveners against Luis García Meza Tejada and his collaborators, this
Court notes that neither the Commission nor the representatives have requested any ruling
on the process or the judgment in question. Therefore, it considers that the objection is
unfounded, without prejudice to which – as it has done previously – the Court may refer to
said judgment as a fact "with the sole purpose of providing a context for the examination of
the alleged violations." 12
B. Preliminary objection on failure to exhaust domestic remedies in relation
to the request for reparation
B.1. Arguments of the parties and of the Commission
10
Cfr. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, paras.
149 and 150; Case of Godínez Cruz v. Honduras. Merits. Judgment of January 20, 189. Series C No. 5, paras. 157
and 158; Case of Fairén Garbi and Solís Corrales v. Honduras. Merits. Judgment of March 15, 2018. Series C No. 6,
para. 147, and Case of Julien Grisonas Family v. Argentina. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of September 23, 2021. Series C No. 437, para. 129.
11
Declaration on the Protection of All Persons from Enforced Disappearance, adopted by the General Assembly
in its resolution 47/133 of December 18, 1992, article 17.1.
12
Cf. Case of Heliodoro Portugal v. Panama. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
August 12, 2008, Series C No. 186, paras. 108 and 109.
8