41
Furthermore, there is a list that mentions Renato Ticona as one of the disappeared
persons. Moreover, on January 8, 2008, a court delivered a condemnatory judgment
against the alleged responsable for the forced disappearance of Mr. Ticona Estrada.
Nevertheless, the writs of cassation filed by the convicted are still pending
resolution; therefore, such decision has no authority of a final judgment.
Nevertheless, the Court truly values the recent progress made in the criminal
proceedings and considers that the State should continue with the processing of that
case, so that, as soon as possible, there is a final judgment that can be effectively
executed, in order to prevent conditions of impunity for this type of acts from being
repeated.122
145. The Court notes that within the criminal procedure, the judicial authority has
ordered, on several occassions, personal precautionary measures, among which,
arrest warrants of the convicted people in the criminal judgments of the trial and
appellate courts, which have not been executed. Said judicial orders have been
complied with, so that should said judgments be uphold, those who are responsible
for the facts, cannot escape from justice. Besides, this Court observes that it does
not spring from the case file of this case that the State has taken effective steps to
apprehend said people, that according to witnesses live and freely circulate in Oruro,
which have not been objected by the State.
146. Based on the foregoing, as well as the case- law of this Tribunal,123 the Court
orders the State to effectively carry out the criminal proceedings in process and any
future proceedings in order to determine the corresponding responsibilities for the
facts of the case and, if applicable, to apply the appropriate legal provisions and in
this way, prevent the repetition of facts like the ones of the instant case.
147. In addition, it is worth mentioning that the Constitucional Tribunal of Bolivia
has been sound to declare that the international treaties on human rights are part of
a constitutional bloc,124 as well as the case-law derived from the Inter-American
system for the Protection of Human Rights that is binding on the domestic courts of
Bolivia.125 In this sense, said Constitucional Tribunal has considered that “the illegal
deprivation of liberty […] is an ongoing crime [and] accordingly, the counting of such
crimes should be done from the definite ending date of the commission of such
crime.”126 This Court considers that the State may not invoke any domestic law or
provision to exonerate itself from the obligation to investigate and, if applicable,
punish those responsible for the facts committed against Mr. Ticona Estrada.
Additionally, considering that this case deals with serious human rights violations,
the State may not invoke the statute of limitations or any other principle that
122
Cf. Case of Myrna Mack Chang v. Guatemala, supra note 9, para. 156; Case of Zambrano Vélez et
al. v. Ecuador, supra note 70, para. 124; and Case of Heliodoro Portugal v. Panamá, supra note 13, para.
116.
123
Cf. Case of Baldeón García v. Perú. Merits, reparations, and costs. Judgment of April 6, 2006;
Series C No. 147, para. 199; Case of Heliodoro Portugal v. Panamá, supra note 13, para. 245; and Case of
Bayarri v. Argentina, supra note 16, para. 175.
124
Cf. Constitutional Judgments 1494/2003-R of October 22, 2003 0102/2003 of November 4, 2003,
1662/2003-R of November 17, 2003, 1494/2004-R of September 16, 2004 and 0095/01 of December 21,
2001 (documents presented by the State during the public hearing, p. 5068, 5076, 5111, 5125 and
5137).
125
Cf. Constitutional Judgment 0664/2004-R of May 6, 2004 (documents presented by the State
during the public hearing, p.5096).
126
Cf. Constitutional Judgment 1190/2001-R (documentation presented by the State during the
public hearing, p. 5215 to 5216).