11
The object of the present Executive Decree is to establish the National Commission on Refugees in
Bolivia as a permanent mechanism for assessment and consideration of applications for refuge. It
also sets out the rules and procedures to be followed by the National Commission on Refugees in
12
Bolivia based on legal and international provisions in force.
B.
The Pacheco Tineo family
56.
The Pacheco Tineo family is made up of:
-
Rumaldo Juan Pacheco Osco; Peruvian nationality; born on September 7, 1962;
13
occupation: psychologist.
Fredesvinda Tineo Godos; Peruvian nationality; born on September 6, 1959; occupation:
14
nurse.
15
Frida Edith Pacheco Tineo, Peruvian nationality, and approximately 8 years old in
16
2001.
17
Juana Guadalupe Pacheco Tineo, Peruvian nationality, and approximately 4 years old
18
in 2001.
19
Juan Ricardo Pacheco Tineo, Chilean nationality, and approximately 2 years old in
20
2001.
-
C.
Background on the recognition of their refugee status in Bolivia and Chile prior to
February 2001
57.
In the early 1990’s Rumaldo Juan Pacheco Osco and Fredesvinda Tineo Godos were
prosecuted on terrorism charges in Peru but acquitted. Both were held in detention in Peru and were
victims of the events examined by the Inter-American Court of Human Rights in the Castro-Castro Prison
21
case. Upon their release as a result of the acquittal, the family sought asylum in Bolivia as refugees.
22
The Commission does not have the exact date, but it knows that the acquittal was set aside in Peru.
12
Appendix 24. Executive Decree 28329 of September 1, 2005. National Commission on Refugees in Bolivia. Rules and
Procedures.
13
Appendix 1. Copies of pages of the passport of Rumaldo Juan Pacheco Osco (appended to the petitioners’ briefs
received on December 27, 2002, and January 30, 2007).
14
Appendix 4. Copies of pages of the passport of Fredesvinda Tineo Godos (appended to the petitioners’ briefs received
on December 27, 2002, and January 30, 2007).
15
Petitioners’ brief received on October 21, 2004. Appendix 13. Report of the General Advisor of the SENAMIG to the
Director of the SENAMIG of February 22, 2001 (appended to the state’s brief received on December 23, 2004).
16
The ages of the children of the family are determined based on the petitioners’ various briefs, which were not disputed
by the state in that respect.
17
Petitioners’ brief received on October 21, 2004. Appendix 13. Report of the General Advisor of the SENAMIG to the
Director of the SENAMIG of February 22, 2001 (appended to the state’s brief received on December 23, 2004).
18
The ages of the children of the family are determined based on the petitioners’ various briefs, which were not disputed
by the state in that respect.
19
Petitioners’ brief received on October 21, 2004; Appendix 13. Report of the General Advisor of the SENAMIG to the
Director of the SENAMIG of February 22, 2001 (appended to the state’s brief received on December 23, 2004).
20
The ages of the children of the family are determined based on the petitioners’ various briefs, which were not disputed
by the state in that respect.
21
I/A Court H.R., Case of the Miguel Castro-Castro Prison. Judgment of November 25, 2006. Series C, No. 160. See List
of appendices. http://www.corteidh.or.cr/docs/casos/articulos/anexo_penal2.pdf. Both were considered victims of a violation of the
right to humane treatment.
22
Appendix 3. Urgent action (dates not specified) issued by the Committee of Peruvian Refugees in Chile. (Appended to
the petitioners’ brief received on December 27, 2002).