6
the Commission agrees to notify the petitioners that a report has been approved,
pursuant to Article 50 of the American Convention on Human Rights.
15.
On March 17, 1999, Bolivia replied to the Commission’s Report indicating that
the State’s decision to unilaterally initiate an investigation to clarify the facts had
been ignored in the sections “Analysis” and “Recommendations” of the Report, which
are the most relevant, and is only mentioned in the section “Summary.”
Furthermore, Bolivia indicated that it had already complied with the
recommendations to prepare a draft law that classifies forced disappearance as a
crime and to ratify the Inter-American Convention on Forced Disappearance of
Persons. Lastly, it requested that the Commission incorporate the aforementioned
information in the Report objectively, so that it could be taken into consideration
when the case was being examined.
16.
On May 7, 1999, Bolivia expanded its previous brief, requesting that the
Commission reconsider Report No. 26/99, since it allegedly omitted information and
was based on arguments that had been rectified by Bolivia “with the offer of
acquiescence to the terms of the arrangements suggested by the petitioner (the
victim’s mother), with the sole condition of confidentiality during the course of the
proceeding.”
Moreover, the State manifested its surprise regarding the
Commission’s recommendations, as many of them had already been complied with.
17.
With regard to the investigation of the facts, Bolivia indicated that, in order to
continue this, the victim’s mother should ratify the complaint before the domestic
authorities. It said that the Commission had not referred to the 21 years that had
elapsed between the fact and the complaint presented to the Commission. It added
that no complaint had been presented before the judicial authorities throughout the
democratic period enjoyed by Bolivia since 1982, and this attitude shows that the
petitioner “is hiding some political motive.” Moreover, Bolivia stated that, in 1979,
the victim’s mother denounced that her son had been shot to death, as can be seen
in the Congress of the Republic’s file corresponding to the action on responsibilities
against the national government of that time, which showed that the petitioner had
filed the same case twice, with different characterizations (before the Congress of
the Republic and before the Commission).
18.
With regard to the State’s reply, in summary, the Commission advised that:
a)
it had not only evaluated and examined the information provided by
Bolivia, but had also recorded it when processing and analyzing the case in
the Report;
b)
the effort made by the State to investigate the facts and punish those
responsible was insufficient, since in January 1999, Mary Severich, District
Public Defense Coordinator of the Ministry of Justice in Santa Cruz, requested
the Prosecutor to order the Judicial Police to commence steps to establish
responsibility and punish the guilty parties but since January and until the day
the application was presented to the Court, Bolivia did not provide evidence
that would demonstrate any jurisdictional activity tending to punish those
responsible;
c)
the State did not comply with the Commission’s recommendation to
prepare a draft law classifying forced disappearance of persons as a crime
and incorporate it into the Criminal Code; it even contradicted itself, because