not shown due diligence in identifying, prosecuting and punishing those
responsible. Complete impunity reigns in the case. On May 5, 1999, Bolivia
ratified the Inter-American Convention on the Forced Disappearance of
Persons, which establishes that the criminal prosecution for the forced
disappearance of persons shall not be subject to statutes of limitations. Since
the whereabouts of José Carlos Trujillo Oroza are unknown and the facts have
not been clarified, the offense of forced disappearance of persons is
continuous and therefore the Inter-American Convention on the Forced
Disappearance of Persons is fully applicable in this case. The State has the
obligation to eliminate the internal impediment of extinguishment of the
criminal proceeding so that “those responsible may be criminally prosecuted
and punished under the offense of forced disappearance of persons”;
c)
legislative reforms
Bolivia will only fulfill its international obligations when the offense of forced
disappearance of persons is defined as an offense in the Bolivian Criminal
Code; and
d)
rehabilitation measures
The Commission supports the request of the victim’s next of kin that the
State should offer them the facilities necessary for their mental, physical and
psychological rehabilitation, since they have suffered for many years, seeking
a loved one and demanding that justice be done.
With regard to public acknowledgment of responsibility, the Commission indicated
that:
a)
it considered that the State’s withdrawal of the preliminary objections
and acknowledgement of the facts in the application, together with its
acceptance of international responsibility before the Court, constituted
measures of satisfaction in this case; and
b)
it supported the request of the victim’s next of kin that the State
should erect a monument to the memory of the victim and declare February 2
to be the “National Day of the Detained-Disappeared”, as symbolic acts to
recall the date on which José Carlos Trujillo Oroza was disappeared.
The State’s arguments
93.
On this point, the State argued as follows:
a)
investigation into the facts
The Commission’s application acknowledges that the State carried out the
administrative investigation that determined some of the facts and identified
certain persons who might be guilty. On September 5, 1994, the State
advised the Commission about these investigations. On April 10, 1996, the
Minister for Foreign Affairs sent a note to Gladys Oroza de Solón Romero
informing her of the investigations. The Court’s judgment of January 26,
2000, acknowledges that Bolivia has initiated judicial proceedings. This
investigation followed its normal course, the testimony of four of those