3
Finally, the Commission requested the Court to order certain measures of
reparations.
4.
On October 31, 2007, Mr. Waldo Albarracín Sánchez, Ombudsman of Bolivia,
acting as representative of the alleged victims’ next-of-kin (hereinafter, the
“representative”)3 filed a brief containing pleadings, motions and evidence
(hereinafter, “brief containing pleadings and motions”) under the terms of Article 23
of the Rules of Procedure. Regarding the statement of facts, the representative
ascribed to the facts mentioned in the Commission’s application, though he
emphasized and completed some aspects contained in it. Likewise, the
representative agreed with the legal arguments expressed in the application and the
resulting violations stated therein. Moreover, it concluded that the State has made
no effort to locate the remains of Renato Ticona and that it has not conducted a
serious and effective investigation in relation to the criminal procedure conducted in
order to shed light on the forced disappearance of Renato Ticona. Based on the
foregoing, the representative requested the Court to order the State the adoption of
certain measures of reparations.
5.
On January 29, 2008, the State filed a brief containing the response to the
petition and observations to the brief of pleadings and motions (hereinafter,
“response to the petition”) in which it stated that it fully agreed with the statement
of facts expressed by the Commission and the representative. Nevertheless, it
further alleged that “it wished to emphasize some of the aspects and add some
information to the facts put forward by the Commission” and by the representative.
As to the facts, the State acknowledged its international responsibility for the rights
contained in Articles 1(1) (Obligation to Respect Rights), 3 (Right to Juridical
Personality), 4 (Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal
Liberty), 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the American
Convention and Articles I, III and XI of the IACFDP, to the detriment of Renato
Ticona and Articles 5 (Right to Humane Treatment), 8 (Right to a Fair Trial) and 25
(Right to Judicial Protection) of the Convention, in relation to Article 1(1) (Obligation
to Respect Rights) of the same treaty, to the detriment of Honoria Estrada de Ticona,
César Ticona Olivares, Hugo, Betzy and Rodo Ticona Estrada, all of them mentioned
by the Inter-American Commission, with which the Ombudsman agreed.
Nevertheless, the State expressed that it did not acquiesce to “the reparations
requested by the legal representative of the family” and informed the Court its
intention to reach a friendly settlement with the alleged victims in order to solve the
case at hand. On November 7, 2007, the State appointed Mr. Martin Callisaya
Coaquira, Bolivia Ambassador to Costa Rica, to be the Agent and Mr. Victor Ángelo
Montecinos Willca, Prime Secretary, as Deputy Agent.
6.
On March 25 and 26, 2008, respectively, the representative and the
Commission filed the observations to the acknowledgement of international
responsibility made by the State.
II
3
The brief of pleadings and motions was also signed by Mr. Guido Ibarguen B., human rights
advisor. Nevertheless, on October 29, 2007, Mr. Ibarguen informed that, in the case brought before the
Court’s attention, he would no longer represent the next-of-kin of Ticona Estrada as from November 1,
2007.