43.
The Commission lacks full information regarding the proceedings through to 2007. According
to the petitioner, there was no procedural activity in 2005 and 2006.40 The State did not contest that assertion
by submitting documentation to the contrary.
44.
On May 21, 2007, the Public Prosecutor's Office of the District of La Paz submitted arguments
to the Second Criminal Law Enforcement Judge regarding the fact that crimes against humanity do not
prescribe under the statute of limitations and referring to the murder "[...] of defenders of democracy, in which
Carlos Flores Bedregal and Marcelo Quiroga Santa Cruz had been killed by bullets fired from a submachine gun
[…]”.41 Thus, according to the Public Prosecutors' Office, their deaths had occurred "during the assault on the
COB" and their "bodies had been tossed out in the Mallasa district, recovered, transferred to the morgue, and
then kidnapped, with no news of their whereabouts to this day.”42
45.
On December 12, 2007, the Second Criminal Settlement Enforcement Court of the District of
La Paz handed down judgment convicting State agents and civilians for a series of crimes. The relevant sections
of the operative part of that judgment establish the following:
[...] RULES AS FOLLOWS CONVICTING the accused: FRAN (sic) PIZARRO SOLANO, JOSE LUIS
ORMACHEA ESPANA, AND FELIPE FROILAN MOLINA BUSTAMANTE, whose legal particulars
in respect of the first two are unknown as they were tried in contempt of court [...], for being
the PERPETRATORS of the crimes of ARMED UPRISING AGAINST THE SECURITY AND
SOVEREIGNTY OF THE STATE, TERRORISM, AND COVER-UP, offenses characterized by
Articles 121, 133, and 171 of the Criminal Code, and of being responsible as ACCOMPLICES in
the crime of MURDER, punishable under Article 252.2, 3, 4, and 6 in conjunction with Article
23, all of the Criminal Code; and because the file contains full, direct, and compelling proof
against them in connection with said crimes. Consequently, each of them is hereby sentenced
to 30 (thirty) years imprisonment with no right to pardon in the San Pedro de Chonchocoro
prison in the Department of La Paz, plus payment of damages to the civilian party and the State
that can be verified during execution of sentence.43
46.
Regarding the crime of forced disappearance, the Court ruled that it could not be applied by
virtue of the principle that criminal law may be applied retroactively and also because it had not figured in the
See: Petitioner's communication of June 10, 2017; Appendix 17. Petition lodged with the Ministries of the Interior, Justice, and National
Defense on May 12, 2006, entitled "We demand enforcement of the law in the case of the forced disappearance of our brother Carlos Flores
Bedregal." Attached to the communication of the petitioner of April 29, 2009; and Appendix 18. Request to the Ministry of Justice of June
19, 2006 entitled "We call for you to intervene to ensure that the criminal proceedings brought by the Public Prosecutors' Office against
Franz Pizarro continue to be conducted in accordance with regulations.” Attached to the petitioners’ communication of April 29, 2009. In
this last communication, Ms. Olga Flores Bedregal and Ms. Verónica Flores Bedregal complained about the slow pace of the proceedings
and "the lack of interest in the case" shown by the judge hearing it and his "alarming tolerance of the absenteeism of the accused" and
"animosity toward the civilian party." Another communication presented in 2017 by Ms. Olga Flores Bedregal to a number of authorities
also points out irregularities being committed in the processing of the case, including its slow pace, such that in some years only four
hearings would be held. See: Appendix 19. Communication addressed to the Vice Minister of Justice and Human Rights and the Vice Minister
of Transparency and Efforts to Combat Corruption on August 31, 2007, entitled "We note strange judicial conduct in the proceedings by
the Public Prosecutors' Office regarding the murder of Quiroga Santa Cruz and armed uprising." Attached to the petitioners’ communication
of April 29, 2009.
41 Appendix 20. Presentation of arguments for conviction by the Office of the Public Prosecutor for the District of La Paz to the Second
Criminal Law Enforcement Judge of the Capital, of May 21, 2007. Attached to the petitioners’ communication of June 10, 2007.
42 See: Appendix 6. Higher District Court of La Paz. Bolivia. Resolution No. 129/2007 of the Second Criminal Settlement Enforcement Court.
Trial of Franz Pizarro Solano et al. for the crimes of armed uprising against the security and sovereignty of the State and others. December
12, 2007. Attached to the State’s communication of December 6, 2011.
43 Guilty verdicts were also handed down against: i) Raúl Solano Medina, Rogelio Gómez Espinoza, Adolfo Ustares Ferreyra, José Gregorio
Loza Balsa, René Javier Hinojoza Valdez, and Joaquín Quisberth Quiroga, for the crimes of cover-up and false testimony. They were
sentenced to three years' imprisonment and payment of damages and costs; and ii) José Faustino Rico Toro for the crime of concealment.
He was sentenced to 2 years in prison, plus payment of damages and costs. The following were acquitted: David Humberto Alarcón Romero,
César Altamirano Lavandez, Juan Gualberto Aquize Rada, Marcos Herminio Mena Vargas, Damián Gutiérrez Castro, and Sebastián Quispe
Apaza. Appendix 6. Higher District Court of La Paz. Bolivia. Resolution No. 129/2007 of the Second Criminal Settlement Enforcement Court.
Trial of Franz Pizarro Solano et al. for the crimes of armed uprising against the security and sovereignty of the State and others. December
12, 2007. Attached to the State’s communication of December 6, 2011.
40
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