80
International Convention for the Protection of All Persons from Enforced Disappearance. In
addition, during the public hearing held in this case (supra para. 8), the State indicated
that it “will hold a seminar explaining the State’s international responsibility in this case
and in others of enforced disappearance.”
257. The Court assesses positively the progress made to date by the State with regard to
guarantees of non-repetition, as well as the proposal to hold a seminar on forced
disappearance (supra para. 256). However, the Court observes that, in its offer, the State
did not specify the scope of the said seminar or the persons who would be benefited by it.
Given the particular circumstances of this case, this Court considers it important to
strengthen the State’s institutional capacities by training public officials in order to avoid
repetition of acts such as those analyzed in this judgment. Regarding the training on
human rights protection, in its case law, the Court has found that this is a way of providing
public officials with new knowledge, enhancing their capabilities, allowing them to
specialize in certain innovative areas, preparing them to occupy different posts, and
adapting their capacities so as to improve their performance of the tasks assigned to
them.277
258. Consequently, notwithstanding the human rights training programs for public
officials that already exist in Bolivia, the Court orders that the State must implement,
within a reasonable time and with the corresponding budget, a training program on the
due investigation and prosecution of acts that constitute enforced disappearance of
persons, targeted to agents of the Public Prosecutor’s Office and judges of the Bolivian
Judiciary with jurisdiction on such events, so that the said officials have the required legal,
technical and scientific elements to evaluate integrally the phenomenon of enforced
disappearance. In particular, in this type of cases, the authorities responsible for the
investigation must be trained in the use of circumstantial evidence, indicia and
presumptions, the assessment of the systematic patterns that can give rise to the facts
investigated and the discovery of the whereabouts of those who have suffered enforced
disappearance (supra paras. 82, 166 to 168, 217 and 219).
258. In the programs referred to above, special mention should be made of this
judgment and to the international human rights instruments to which Bolivia is a Party.
D.
Indemnifications, compensations, costs, and expenses
D.1
Pecuniary damage
260. The Court has developed the concept of pecuniary damage in its case law and the
hypotheses in which it must be compensated. This Tribunal has established that pecuniary
damages assume “the loss or detriment of the income of the victims, the expenses made
applied preferably regarding the contrary dispositions of the Constitution; b) article 13 of said Constitution has
stablished “the direct aplication” of the Inter-American Court jurisprudence; c) article 111 of the Constitution
forbids the application of the statute of limitations to the crimes of genocide, against humanity and war crimes,
and d) article 114 forbids all forms of torture and forced disappearance.
277
Cf. Case of Claude-Reyes et al. v. Chile. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of November 24, 2008, Considering Clause nineteenth; Case of Escher et al.
Vs. Brasil Preliminary Objections, Merits, Reparations and Costs. Judgment of July 6, 2009. Series C No. 200.
para. 251, and Case of Radilla Pacheco v. Mexico, supra note 8, para. 346.
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