ownership of the property.236 Thus, the Court considers that confiscated property cannot be
disposed of, and can only and exclusively be conserved and managed.237
160. In this specific case, even though the jewelry did not form part of the assets related to the
robbery of the Prosegur truck and despite the requests made by Norma Lupe Alarcón de Valencia,
there is no evidence that the jewelry was the object of a confiscation order or that it was returned
after the trial. In fact, in official communication RQ/LPZ/00818/2004/AP of October 11, 2004, the
Ombudsman requested a written report with information on the processing of Norma Alarcón’s
requests for its return.238 There is no record in the case file, and it has not been proved by the
State, that this request was answered.
161. In conclusion, the Court finds that the State violated the right to property established in
Article 21(1) and 21(2) of the American Convention, in relation to Article 1(1) of this instrument,
to the detriment of Norma Lupe Alarcón de Valencia.
VIII-2
RIGHTS TO PERSONAL INTEGRITY AND OF WOMEN TO LIVE WITHOUT VIOLENCE239
A. Arguments of the parties and of the Commission
162. The Commission considered that it had been sufficiently proved that, during the raids on
the houses, heavily armed state agents used a high level of physical and mental violence, violating
the personal integrity of all those present. It emphasized that the State had not argued or proved
that the force used at the time of the raids was reasonable or necessary.
163. Regarding the allegations of torture, it argued that it had also been proved that 16 people240
were taken to the PTJ facilities where they were interrogated with great violence and without
effective legal assistance. They were then detained in unsanitary conditions, without being able
to receive visits by either their families or lawyers, while continuing to be physically assaulted and
beaten. Following their transfer to different prisons, eight of them241 were kept in solitary
confinement for more than 60 days. Therefore, it considered that they were all victims of torture
and cruel, inhuman and degrading treatment at the hands of state agents. It underlined that all
those facts met the criteria of severity, intentionality, and perpetration with a specific object and
purpose and, therefore, qualified as acts of torture.
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 187; Case of Granier et al. (Radio
Caracas Televisión) v. Venezuela. Preliminary objections, merits, reparations and costs. Judgment of June 22, 2015.
Series C No. 293, para. 345, and Case of Andrade Salmón v. Bolivia. Merits, reparations and costs. Judgment of
December 1, 2016. Series C No. 330, para. 128.
236
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, paras. 187 and 188, and Case of Granier et
al. (Radio Caracas Televisión) v. Venezuela, supra, para. 345.
237
238
Cf. Request No. RG/LPZ/00818/2004 AP issued on October 11, 2004, by the Ombudsman and addressed to the
La Paz district prosecutor a.i. (evidence file, folios 1936 and 1937).
239
Articles 5 and 11 of the American Convention and 7 of the Convention of Belem do Pará.
According to the Commission, they were Blas Valencia Campos, Norma Lupe Alarcón de Valencia, Claudia Valencia
Alarcón, Elacio Peña Córdova, Víctor Manuel Boggiano Bruzzón, Genaro Ahuacho Luna, Alfredo Bazán y Rosas,
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.
240
Namely: Blas Valencia Campos, Oswaldo Lulleman Antezana, Carlos Eladio Cruz Añez, Carlos Enrique Castro
Ramírez, Elacio Peña Córdova, Víctor Manuel Boggiano Bruzzón, Genaro Ahuacho Luna and Alfredo Bazán y Rosas.
241
48