37
night, Mr. Ibsen Peña returned home accompanied by the same agents in order to retrieve
some personal objects and was again taken without showing an arrest warrant.136
107. José Luís Ibsen Peña was taken to the El Pari Detention Center,137 located in the city
of Santa Cruz, Bolivia. During his imprisonment in that center, only Tito Ibsen Castro was
allowed to visit him in order to provide with food and clothes; his wife, Martha Castro
Mendoza and his daughter, Rebeca Ibsen Castro, who was approximately 11 years of age,
were not allowed to visit him.138 The Tribunal emphasizes that, at that time, the youngest
daughter of José Luis Ibsen Peña, Raquel Ibsen Castro, was approximately one year old.139
During one of Tito Ibsen’s visits, Mr. Jose Luis Ibsen Peña gave his son some personal
objects, including his passport and bloody clothes.140 Mr. Ibsen Peña asked his son to “take
care [of] his mother and [his] sister as if they were flowers,” and told him that this might
“be the last time he was going to see [his father].”141 None of these facts were contested
by the State.
108. There is evidence in the case file that Jose Luis Ibsen Peña was seen at the El Pari
detention center with signs of physical ill-treatment. In that respect, Mr. Sandalio Terceros
declared before the Magistrate’s Court of the Province of Warnes that he had been confined
136
Cf. Declaration rendered during the public hearing (supra para. 8) by Mr. Tito Ibsen Castro, and
declaration rendered before public notary (affidavit) by Mrs. Martha Castro Mendoza (case file on the merits,
volume III, folio 636). The Court states that from the body of proof it can be learned that Mr. Ibsen Peña was
deprived of liberty several times before 1973 and taken to the detention center of El Pari, although it is not
possible to determine with certainty the dates of such detentions. Cf. Declaration rendered before public notary
(affidavit) by Mrs. Rebeca Ibsen Castro (case file on the merits, volume III, folio 738 to 739); declaration
rendered before public notary (affidavit) by Mrs. Martha Castro Mendoza (case file on the merits, volume III,
folio 635 to 636), and declaration rendered before public notary (affidavit) by Mr. Estevan Renato Díaz Matta
(case file on the merits, volume III, folio 650 and 654). See also, Minute of the Hearing of Testimonies proposed
by Elias Moreno, declaration of Susano Campos Araúz, on May 3, 2007 (Case file 37/2000, Volume 22, folios
9301 and 18099); minutes of public hearing, declaration of Juany Alcira Osinaga Ríos, April 19, 2003 and
February 8, 2006 (case file of appendixes to the brief of pleadings and motions, Case file 37/2000, Seventh First
Instance Civil and Commercial Court, Volume 12, folios 5873 to 5877, and Volume 21, folios 8783 to 8797),
minute of public confession hearing and minute of investigation hearing of Elías Moreno Caballero, on September
9, 2004 and October 21, 2003, respectively (case file of appendixes to the application, appendix 21, folios 1910
to 1935, and case file of appendixes to the brief of pleadings and motions, Case file 37/2000, Seventh First
Instance Civil and Commercial Court, Volume 13, folios 6299 to 6324 and Volume 10, folios 5380 to 5690). See
also interview to Rebeca Ibsen. Cf. Press release of newspapr El Deber, August 17, 2003 (case file of appendixes
to the brief of pleadings and motions, PD-159, folio 2543), and press release published on February 18, 2000 in
La Nación, “Justo Sarmiento lies, he tortured me in El Pari”, (case file of appendixes to the application, appendix
29, folio 2457, and case file of appendixes to the brief of pleadings and motions, PD-120, folio 2379).
137
Cf. Declaration rendered during the public hearing (supra para. 8) by Mr. Tito Ibsen Castro; declaration
rendered before public notary (affidavit) by Mrs. Martha Castro Mendoza on March 22, 2010 (case file on the
merits, volume III, folios 634 to 640), and declaration rendered before public notary (affidavit) by Mrs. Rebeca
Ibsen Castro on April 24, 2010 (case file on the merits, volume III, folios 735 to 746).
138
Cf. Birth certificate of Rebeca Ibsen Castro (case file of appendixes to the application, appendix 12, folio
1765).
139
Cf. Birth certificate of Raquel Ibsen Castro (case file of appendixes to the application, appendix 12, folio
1769).
140
Cf. Declaración rendered by Mr. Tito Ibsen Castro during the public hearing (supra para. 8). Although
these are not facts that they are certain of, these was also mentioned by Mrs. Martha Castro Mendoza in her
declaration rendered before public notary (affidavit) on March 22, 2010 (case file on the merits, volume III,
folios 634 to 640), and by Mrs. Rebeca Ibsen Castro in her declaration rendered before public notary (affidavit)
el 24 de abril de 2010 (case file on the merits, volume III, folios 735 to 746).
141
Cf. Declaración rendered by Mr. Tito Ibsen Castro durante la audiencia pública (supra para. 8).
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