30
86. In relation to Rainer Ibsen Cárdenas, the Tribunal notes that the case file contains a
hand-written document dated June 21, 1972, and stamped with the seal of the
Administration of the General Cemetery of La Paz, presented as Rainer Ibsen Cárdenas’s
“Death Certificate,” which indicates that he died on June 19, 1972, and that the cause of
his death was “internal hemorrhage caused by a bullet.”99 The supposed death certificate
apparently contains two illegible signatures that do not permit to identify the names of the
persons who signed it.
87. The Tribunal also notes that on February 28, 1983, the National Commission for
Investigation requested the Public Prosecutor’s Office to exhume and perform necropsies
on 6 people, including “Ipsen Rainer Cárdenas [sic].”100 However, necropsies requested
were never carried out. In 1985, the said Commission was dissolved and its files were
given to ASOFAMD together with the remains found two years before, which were
transferred to that organization’s Mausoleum at the General Cemetery of La Paz,101
including those that allegedly belonged to Mr. Ibsen Cárdenas. In relation to that delivery,
at the public hearing (supra para. 8) Mrs. Delia Cortez stated that according to the
information of ASOFAMD, the only elements used by the National Commission of
Investigation to establish that some of the transferred remains belonged to Mr. Rainer
Ibsen Cardenas were the name and date of his death that appeared over one of three
identified graves next to a common grave and a death certificate of unknown authorship
allegedly issued by the administration of the General Cemetery of La Paz (supra para. 86).
There is no information in the record before the Tribunal information that clarifies the
manner in which the exhumation and transfer were carried out, or whether they were
carried out using methods that permitted the proper handling and preservation of the
bodies until they were reburied. Likewise, at that time, no forensic examination was
conducted in order to corroborate whether those remains belonged to Rainer Ibsen
Cárdenas. From this, the Court notes that the remains that apparently belonged to Mr.
Ibsen Cardenas were delivered to a civil institution and not to his next of kin, and that they
were exhumed and transferred to another place, where they were buried again without
having been previously identified.
88. Based on the foregoing, the Court considers proven that various initial irregularities
existed that do not permit a conviction that the remains of Rainer Ibsen Cárdenas were
found in 1983, as alleged by the State. Therefore, it is not possible to establish that the
forced disappearance of Mr. Ibsen Cárdenas ceased on that date, and the Court finds it
unnecessary to rule upon the State's allegations regarding the publicity given to the
discovery of the illegal burials and the knowledge that his next of kin allegedly had about
that discovery. However, in order to establish the date on which Rainer Ibsen’s
whereabouts were later determined, it is necessary that the Court refer to other facts that
were proven in the instant case.
themselves to bury them”. Likewise, Mr. Ibáñez Ríos declared “in none of the cases that kind of verifications was
made”.
99
Cf. Manuscript death certificate of Rainer Ibsen Cárdenas, issued on June 21, 1972 (case file of
appendixes to the application, appendix 16, folio 1793, and case file on the merits, volume V, folio 1734).
100
Cf. Request of the National Commission for the Investigation of Disappeared Citizens to the Public
Prosecutor’s Office on February 23, 1983 (case file of appendixes to the application, appendix 19, folio 1799).
101
Cf. Declaration rendered during the public hearing (supra para. 8) by witness Delia Cortez Flores.
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