46 Ibsen Peña; the Ibsen family has been in charge of expediting the proceeding; there was not any diligence in the gathering of evidence; the investigation has been obstructed by the judiciary; the criminal definition of forced disappearance has not been applied to the criminal proceeding; and, no action has been taken to locate the remains of Rainer Ibsen Cárdenas or to determine the whereabouts of José Luis Ibsen Peña. The representatives basically concurred with the arguments of the Commission. 136. The Tribunal takes into account that the State has broadly acknowledged its international responsibility for the alleged violations regarding Articles 8 and 25 of the American Convention (supra paras. 5, 25 and 26). In this respect, in this chapter of the Judgment, the Court shall only make an assessment of some of the allegations put forward by the Inter-American Commission based on certain elements contained in the case file of the domestic criminal proceeding that the Tribunal deems important to develop for a better understanding of the case. To that end, the Court shall refer to the main actions of the criminal proceeding conducted at the domestic level. A. Criminal record 37/2000 137. The Tribunal notes that in said criminal case, Rebeca Ibsen Castro appears as plaintiff, for what happened to his father and brother, José Luis Ibsen Peña and Rainer Ibsen Cárdenas, respectively, along with Antonia Gladys Oroza, in relation to her son José Carlos Trujillo Oroza.166 To such end, the Court notes that whenever necessary, reference shall be made to some actions taken by Mrs. Oroza that had general effects on the entire criminal proceeding; however, the analysis of the violations alleged in the instant case shall be limited to the facts related to Rainer Ibsen Cárdenas and José Luis Ibsen Peña. A.1. Investigative Phase 138. On January 9, 1999, the District Coordinating Office of Public Defense of the Ministry of Justice and Human Rights of Bolivia requested that the Prosecutor’s Office of the District of Santa Cruz initiate judicial police proceedings on the disappearance of José Carlos Trujillo Oroza. On January 11, 1999, the Prosecutor’s Office of the District of Santa Cruz referred the complaint to the Technical Judicial Police so that it would proceed with “preparing the judicial police proceedings.”167 139. On March 27, 2000, the Fifth Criminal Examining Magistrate’s Court of Santa Cruz (hereinafter “the Fifth Criminal Court”) issued a preliminary investigation order against some individuals for the crimes of deprivation of liberty, abuse and torture committed against José Carlos Trujillo Oroza.168 In this respect, on April 6, 2000, Antonia Gladys Oroza, mother of José Carlos Trujillo Oroza, filed suit before said court against the same 166 Previously, this Court issued two judgments in the Case Trujillo Oroza v. Bolivia. Cf. Case of TrujilloOroza v. Bolivia. Merits. Judgment of January 26, 2000. Series C No. 64, and Case of Trujillo-Oroza v. Bolivia. Reparations and Costs. Judgment of February 27, 2002. Series C No. 92. 167 Cf. Brief of the Public Defense District Coordinator of the Ministry of Justice and Human Rights of Bolivia addressed to the Attorney General of Santa Cruz, January 9, 1999 (Case file 37/2000, Volume 1, folios 2883 to 2885, and 11630 to 11631bis). 168 Cf. Order of the Fifth First Instance Criminal Judge of Santa Cruz (Case file 37/2000, Volume 2, folios 3044 to 3045, and 11788 to 11789).