facts. The Court will proceed as follows when examining the merits: (1) analysis of the alleged
violation of the rights to personal liberty, privacy, inviolability of the home, protection of the
family, and property in relation to the raids and arrests; (2) analysis of the alleged violations
of the rights to personal integrity and of women to live without violence; (3) the specific case
of the violation of the personal liberty and personal integrity of the alleged victims who were
children; (4) analysis of the alleged violation of the right to life of Genaro Ahuacho; (5) analysis
of the alleged violation of the right to health, and (6) analysis of the alleged violation of judicial
guarantees, judicial protection, the right to honor and dignity, the duty to investigate and
punish acts of torture, and the duty to investigate and punish violence against women.
VIII-1
RIGHTS TO PERSONAL LIBERTY, PRIVACY, INVIOLABILITY OF THE HOME,
PROTECTION OF THE FAMILY, AND PROPERTY181
A. Arguments of the parties and of the Commission
110. The Commission considered that, pursuant to the laws in force in Bolivia at the time of the
facts, raids and arrests of individuals in their homes between 7:00 p.m. and 7:00 a.m. were
prohibited, except with the consent of the inhabitant or in cases of flagrante delicto. It indicated
that consent had not been given, and this case could not be considered to be subsumed under a
situation of flagrancy. Consequently, it found that the raids and arrests carried out in this case
were unlawful. It added that, as the raids and arrests were conducted with violence, they were
arbitrary and had a disproportionate impact on the women and children. It also argued that the
alleged victims did not have an effective remedy to control the lawfulness of their detentions.
Therefore, it concluded that Bolivia had violated the right to personal liberty of 16 alleged
victims,182 and the right not to be the object of arbitrary interference in their private life and home
of 22 alleged victims.183
111. With regard to personal liberty, the inter-American public defenders agreed with the
arguments presented by the Commission. They specified that, in the case of Oswaldo Lulleman
Antezana and Luis Fernando Lulleman Gutiérrez, even though they were arrested during the
daytime because they were absent when the raid on their home was initiated, the police officers
remained there following their unlawful entry; they therefore argued that the initial unlawfulness
necessarily tainted the whole procedure until its culmination in the arrests. Regarding the raid in
Juan Manuel Cáceres Passage, they indicated that no copy existed of the warrant for the raids
and, therefore, the arrests of F.E.P.M., Eladio Cruz Añez and Carlos Enrique Castro Ramírez not
only occurred in the context of a prohibited nighttime raid, but were not even authorized by a
judge. They argued that the arrest of Freddy Cáceres Castro in the Tropical Inn Hotel was made
without a court order, and during the night; therefore, they also considered that his arrest was
unlawful. They added that although Edwin Rodríguez Alarcón, Julia Mamanu Mamani, Jenny Paola
Lulleman de Zaconeta and Raul Oswaldo Lulleman were arrested they were never brought before
181
Articles 7, 11(2), 17 and 21 of the American Convention.
Blas Valencia Campos; Norma Lupe Alarcón de Valencia; Claudia Valencia Alarcón; Elacio Peña Córdova; Víctor
Manuel Boggiano Bruzzón (Juan Ramírez Ortega); Genaro Ahuacho Luna (Walter Herrera Flores); Alfredo Bazán y
Rosas (José Miguel Abildo Díaz); Mercedes Valencia Chuquimia; Oswaldo Lulleman Antezana; Raúl Oswaldo Lulleman
Gutiérrez; Victoria Gutiérrez de Lulleman; F.E.P.M.; Carlos Eladio Cruz Añez; Carlos Enrique Castro Ramírez; Freddy
Cáceres Castro, and Patricia Catalina Gallardo Ardúz.
182
Blas Valencia Campos; Norma Lupe Alarcón de Valencia; Edwin Rodríguez Alarcón; Claudia Valencia Alarcón;
Gabriel Valencia Alarcón; Alexis Valencia Alarcón; Claudio Centeno Valencia; Elacio Peña Córdoba; Víctor Manuel
Boggiano Bruzzón (Juan Ramírez Ortega); Genaro Ahuacho Luna (Walter Herrera Flores); Alfredo Bazán y Rosas (José
Miguel Abildo Díaz); Mercedes Valencia Chuquimia; Mauricio Valenzuela Valencia; Oswaldo Lulleman Antezana; Raúl
Oswaldo Lulleman Gutiérrez; Victoria Gutiérrez de Lulleman; Paola Lulleman de Zaconeta, Luis F. Lulleman Gutiérrez;
Julia Mamanu Mamani; F.E.P.M.; Carlos Eladio Cruz Añez, and Carlos Enrique Castro Ramírez.
183
35