77
in an appropriate official web site, taking into account the characteristics of the publication
that the State is ordered to make, and must remain available for one year. The
publications in the newspapers and on the Internet must be made within six and two
months, respectively, as of the date of which this judgment is notified.
C.3
Measures to commemorate Messrs. Rainer Ibsen Cárdenas and José Luis
Ibsen Peña
245. The Inter-American Commission requested the Court to order the State “to execute
a project to recover the historical memory” on Messrs. Ibsen Cárdenas and Ibsen Peña.
245. The representatives requested the Court to order the State to “undertake significant
projects, of sufficient importance to recover the historical memory” on the said victims.
Also, regarding the act of reparation and the State’s designation of a roundabout in which
a plaque was placed in commemoration of the Ibsen family (infra paras. 247 and 249), the
representatives indicated that the State named the said roundabout without consulting the
family, and that “the name […] ‘Ibsen Family’ nullifies the essence of the act of recognition
and reparation, because it includes the family’s living members.” They also alleged that the
said roundabout is “marginal” and will never be visited, because it is “at the foot of a hill,”
not far from rubbish dumps, and “only permits vehicular traffic.” Consequently, they
requested that the State names “a significant urban [structure],” such as “an avenue, a
monument [or] a square,” after the two disappeared victims, and also installs “a plaque
explaining” the historical context in which the facts of the case took place. Regarding the
commemorative postal stamp offered by the State (infra paras. 247 to 248), the
representatives expressed their disagreement based on the absence of references to the
complete names of the disappeared victims and the dates on which they disappeared.
247. The State asked the Court to assess positively the public act of partial
acknowledgement of international responsibility carried out while the case was under
proceedings before the Inter-American Commission (supra para. 30); the public apology
made by the Vice Minister of Justice and Fundamental Rights at the hearing held on April
13, 2010 (supra para. 8); the public act of reparation held on May 21, 2010, to officially
name the “Ibsen Family” roundabout; and also the naming of the “30th Street in Alto
Calacoto Huayña Jahuira [… as] ‘Rainer Ibsen’ Street and [of] E2nd Street in the same area
[… as] ‘José Luis Ibsen’ Street” in La Paz city, made by request of the representatives. The
State referred that although Mr. Tito Ibsen Castro was invited to the “delivery” of the
roundabout, he “did not attend to this apology act […].” Similarly, it underscored the
issuance of a “commemorative postal stamp” of Messrs. Ibsen Cárdenas and Ibsen Peña,
which had been submitted to Tito Ibsen Castro on May 18, 2010, for him to choose the
design. To this respect, the State referred that on August 20, 2010, a public act that was
attended by Messrs. Tito Ibsen Castro, Martha Castro Mendoza and Raquel Ibsen Castro,
among others, where the delivery of said postal stamp took place. The State submitted to
the Tribunal, among others, a copy of the postal stamp as well as photographs of said
public act. Finally, and based on all the above, the State considered that the
representatives’ claim for a memorial to be erected in memory of the disappeared victims
was excessive.
248. On previous occasions, the Court has assessed favorably those acts carried out by
States that result in the recovery on the victims’ memory, recognition of their dignity, and
consolation for their next of kin.272 In the instant case, the Court assesses positively and
272
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra note 65, para. 254; Case of Radilla Pacheco v.
Mexico, supra note 8, para. 352, and Case of Manuel Cepeda Vargas v. Colombia, supra note 6, para. 223.
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