25
guards were wounded.”83 Another version of the events indicates that he was "shot” in La
Paz.”84 According to the testimony rendered by Tito Ibsen Castro at the public hearing
(supra para. 8), Mr. José Luis Ibsen Peña knew of the publication in the Presencia morning
newspaper, after which he took several actions in an attempt to confirm its veracity.85 This
particular point shall be addressed later in the pertinent part of this Judgment (infra paras.
104 and 105). However, from the foregoing, the Court considers proven that as of his
arrest and until his death, Rainer Ibsen Cárdenas was in custody of the security forces of
the Department for Political Order at the detention center mentioned above, allegedly as a
member of the National Liberation Army.86
C.3. Rights to personal liberty, humane treatment [personal integrity], life, and
juridical personality of Mr. Rainer Ibsen Cardenas
76. Regarding the State's allegation that Mr. Rainer Ibsen Cardenas’s whereabouts were
known in 1983 (supra para. 27), the Inter-American Commission indicated that Mr. Ibsen
Cardenas’s next of kin were not aware of this, as “no forensic exam was conducted to
establish the identity of the remains that were found [until] 25 years later.” On this point,
the Commission indicated in its final written arguments that "what was presented in 1983
83
Cf. Press release published on June 22, 1972 in the morning newspaper Presencia, “Three activists of
the National Liberation Army (NLA) died in an attempt of escape” (case file of appendixes to the application,
appendix 29, folio 2453, and case file on the merits, volume III, folio 1068). See also, declaration rendered
before public notary (affidavit) by Mr. Estevan Renato Diaz Matta (case file on the merits, volume III, folio 652),
and Association of Relatives of the Detainees, Disappeared Persons and Martyrs for National Liberation
(ASOFAMD) and Bolivian Labour Headquarters (COB). Banzer: Genius and figure… Not to be forgotten. Never
again. La Paz, Crear Publishing House, 2008 (case file of appendixes to the application, appendix 5, folios 1570
and 1625), available at: http://www.somosunoradio.org/wp-content/uploads/2008/06/1-dictadura-de-hugobanzer-suarez-para-que-no-se-olvide-violacion-al-derecho-de-asociacion-y-trabajo-2.doc (last visit: August 2,
2010).
84
Cf. Document signed by the Association of Relatives of the Detainees, Disappeared Persons and Martyrs
for National Liberation (ASOFAMD) and adressed to the National Congress, on September 5, 1979 (case file of
appendixes to the application, appendix 20, folio 1802). This document belongs to the case file of the
“Impeachment trial against former President of the Republic Major General Hugo Banzer Suárez [et al.]” of the
National Congress, 1979 Legislature.
85
During the public hearing, Tito Ibsen Castro affirmed that Rainer Ibsen´s family “hear[ed] the
communication on the radio, and [that his] father knew of the publication in the newspaper “Presencia” and
[that his] mother saved it, but they were not certain whether it was really him, since [they] were not asked, nor
was [his] father allowed to travel to the city of La Paz.” Additionally, he indicated that upon learning of the
abovementioned communiqué, his father “communicate[d] […] first with the Departmental Headquarters of the
Police on Independencia street and trie[d] to obtain a permit and, afterward, that authority […] warn[ed] him to
leave in exile […].”
86
Cf. Declaration rendered before public notary (affidavit) by Mrs. Ledy Catoira Moreno (case file on the
merits, volume III, folios 669 to 671); declaration rendered before public notary (affidavit) by Mrs. Hilda
Saavedra Serrano (case file on the merits, volume III, folios 665 to 666); declaration rendered before public
notary (affidavit) by Mr. Estevan Renato Díaz Matta (case file on the merits, volume III, folio 652); Manuscript
death certificate of Rainer Ibsen Cárdenas, of June 21, 1972 (case file of appendixes to the application, appendix
16, folio 1793); Association of Relatives of the Detainees, Disappeared Persons and Martyrs for National
Liberation (ASOFAMD) and Bolivian Labour Headquarters (COB). Banzer: Genius and figure… Not to be
forgotten. Never again. La Paz, Crear Publishing House, 2008 (case file of appendixes to the application,
appendix 5, folios 1570 and 1625 to 1626), available at: http://www.somosunoradio.org/wpcontent/uploads/2008/06/1-dictadura-de-hugo-banzer-suarez-para-que-no-se-olvide-violacion-al-derecho-deasociacion-y-trabajo-2.doc (last visit: August 2, 2010), and press release published on June 22, 1972 in the
morning newspaper Presencia, “Three activists of the National Liberation Army (NLA) died in an attempt of
escape” (case file of appendixes to the application, appendix 29, folio 2453, and case file on the merits, volume
III, folio 1068).