5
9.
On September 19, 2008, the Commission and the representatives filed their
respective closing arguments. In addition, on September 22, 2008, the State filed
the closing arguments and attached several exhibits.
10.
On October 1, 2008, the Secretariat, following the instructions of the
President and based on Article 45 of the Rules of Procedure, ordered the parties to
present certain legislation in order to consider it as evidence to facilitate adjudication
of the case and it also ordered the Commission and the representative to present
observations to the act of acknowledgment of international responsibility made by
the State on September 10, 2008, as mentioned by the State in the closing
arguments. On October 17 and 20, 2008, the representative filed the evidence so
requested. Moreover, on October 20, 2008, the State filed the legislation requested
as evidence to facilitate adjudication of the case. The Commission did not present
the requested evidence to facilitate adjudication of the case. On November 5, 12
and 18, 2008 the State forwarded several documents related to the case at hand.
On November 12 and 18, 2008 the Commission and the representatives presented
briefs related to the instant case.
III
PARTIAL ACKNOWLEDGMENT OF
INTERNATIONAL RESPONSIBILITY
11.
In the brief containing the response to the petition, the State acknowledged
its responsibility and stated that “as to the facts, the Bolivian State fully ascribed to
the arguments put forward by the Commission and [the representative]”.
12.
As to the legal arguments, the State mentioned:
The Bolivian State acknowledges its international responsibility regarding the rights
contained [in Articles] 1(1), 3, 4, 5, 7, 8 [and] 25 of the [American Convention on
Human Rights], I, III [and] XI of the Inter-American Convention on Forced
Disappearance of Persons in relation to Renato Ticona Estrada, [and Articles] 5, 8 [and]
25 of the [American Convention on Human Rights,] in conjunction with Article 1(1)
therein, in relation to César Ticona Olivares, Honoria Estrada Figueroa, Hugo, Rodo and
Betzy Ticona Estrada, all of them mentioned by the Inter-American Commission on
Human Rights, with which the Ombudsman agreed.
13.
As to the reparations so requested, the State pointed out that “it d[id] not
accept the Commission’s application and the brief filed by the victims and next-of-kin
regarding the request of reparations filed”.
14.
Furthermore, during the public hearing, the State agent repeated that it
partially acknowledged its international responsibility and apologized to the next-ofkin of Renato Ticona, under the following terms:
[…] repeated that the Bolivian State accepts its international responsibility and the
resulting legal consequences for the violation of the rights enshrined in Articles 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), in
connection with Article 1(1) (Obligation to Respect Rights) of the American Convention
[...] as well as Articles I, III and IX of the Inter-American Convention on Forced
Disappearance of Persons, to the detriment of Renato Ticona Estrada. Moreover, the
violation of Articles 5 (Right to Humane Treatment), 8 (Right to a Fair Trial) and 25
(Right to Judicial Protection) of the American Convention […] in relation to Article 1(1)
therein, to the detriment of César Ticona Olivarez, Honoria Estrada Figueroa, Hugo,
Rodo and Betzy Ticona Estrada. In this sense, within the framework of the […] hearing,
in [his] capacity of Agent of the Bolivian State, I am allowed to ratify the