39
repression, terror, forced absence, and restrictions of State agents [denied them of] their
right to formulate claims […], beco[ming] silent accomplices due to the grief for the unfair,
the inhumane and the irreparable [sic].”148
111. Under the framework of the search for the remains of Mr. José Luis Ibsen Peña, on
April 19, 2006, a visual inspection was conducted at the site where, according to a
statement of Mr. Elías Moreno Caballero, a defendant in the criminal proceeding currently
conducted in relation to the facts of the instant case149 (infra paras. 138 to 150), the
mortal remains of Mr. Ibsen Peña were located. However, it was concluded that the
description of the place “[was] very vague [and] unclea[r, making it impossible to
determine its exact location,] and [that it was] practically impossible to locate the remains
due to the time elapse[d] and [because] a flood ha[d] modified the topography of the
area.”150 Furthermore, on August 22, 2006, a skull, kneecap, humerus, femur bones and
part of a lower jaw with four teeth were found during a search for his remains at La
Cuchilla cemetery in the city of Santa Cruz. The procedure was done using the mechanical
arm of a toothed backhoe.151 On September 5, 2006, the Seventh Civil Court was informed
that the mentioned bones were being studied at the Forensic Research Institute to confirm
their identity.152 The Court notes that there is no further information in the case file
regarding the procedures taken in the search for the whereabouts of Mr. Jose Luis Ibsen
Peña.
C.5. Rights to personal liberty, humane treatment [personal integrity], life, and
juridical personality of Mr. Jose Luis Ibsen Peña
112. The Commission argued, in separate sections, that the State was responsible for the
deprivation of liberty of Mr. Jose Luis Ibsen Peña through "through the use of force," such
detention was “not ordered by a competent authority,” and its purpose “was not to hand
him over to a judge or other official authorized by the law to decide the legality of their
detention, but to interrogate him, torture him, execute him, and/or forcibly make him
disappear.” Furthermore, it indicated that such detention took place “under a dictatorship,
outside constitutional protections, and within a state of permanent suspension of
fundamental rights and constitutional guarantees,” in which Mr. José Luís Ibsen Peña was
arrested “as a political prisoner, apparently for his links to the Bolivian Labour
Headquarters,” “after months of public complaints and a tireless search for the
whereabouts of his son [Rainer Ibsen Cárdenas].” It added that, given that “36 years have
148
Cf. Brief of “Petition to join, appear personally in the proceeding, complaint and expansion of initial
order No. 97/2000, civil matter constitution, precautionary measures” by Rebeca Ibsen Castro, April 26, 2000
(case file of appendixes to the application, appendix 21, folio 1809).
149
On October 21, 2008 Mr. Elías Moreno Caballero lawyer informed to the Seventh First Instance Civil and
Commerical Judge of the capital city on the death of the prosecuted due to a Myocardial infarction. Cf. Death
Certificate of Elías Moreno Caballero and brief of October 21, 2008 (Case file 37/2000, Volume 27, folios 10593
to 10594 and 19394 to 19395).
150
Cf. “Minute of the public hearing to verify the place and location where the mortal remains of José Luis
Ibsen Peña were allegedly located” (Case file 37/2000, Appendix 21, folios 8956, 8960, 17752 and 17756).
151
Cf. Press release published on August 23, 2006 in La Prensa, “They found the remains of a victim”
[“Hallan restos de un victimado”] (case file of appendixes to the brief of pleadings and motions, PD-182, folio
2597), and press release published on August 23, 2006 in El Deber, “Skeletal remains of a possible victim of the
dictatorship were found” [“Hallaron restos óseos de una posible víctima de la dictadura”] (case file of appendixes
to the application, appendix 29, folio 2468).
152
Cf. Brief of the Public Prosecutor of Santa Cruz de la Sierra addressed to the Seventh First Instance Civil
and Commercial Court of Santa Cruz, on September 1, 2006 (case file of appendixes to the application, appendix
24, folios 2251 to 2252).
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