physically assaulted. After being transferred to various prisons, eight individuals 150 were held in a regime of
solitary confinement and incommunicado detention without access to natural light for more than 60 days The
Commission finds, therefore, that they were all victims of torture and cruel, inhuman and degrading treatment
at the hands of State agents, who violated their right to humane treatment. The Commission considers that all
of these facts, further aggravated by the incommunicado detention in which several of the detainees were
subsequently held, meet the standards of severity, intentionality, and having been committed with an objective
or purpose, and therefore qualify as acts of torture.
64.
It is also demonstrated that the women who were apprehended and detained 151 were victims of
particular insults and forced to strip naked and spread their legs. They were also victims of touching and the
introduction of fingers and firearms in their genitals, both in their homes at the time of their apprehension, and
during their detention. Moreover, Francis Primentela Merino had a miscarriage and did not receive timely
medical attention. Those acts were carried out while the women were under the complete control of state
agents and utterly defenseless. According to the above-referenced standards, such mistreatment constitutes
sexual violence and rape, to which they were subjected for the fact that they were women and, therefore, it
affected them disproportionately, causing them grievous psychological and moral suffering, in addition to the
physical torment they endured. Those acts were a direct affront to the dignity of those women and constitute
serious acts of torture and violence against women.
65.
Finally, Genaro Ahuacho Luna (a.k.a. Walter Herrera Flores, a.k.a. Walter Herrera Ríos) died while he
was imprisoned at Chonchocoro Prison, after he was admitted to the prison having sustained a severe beating
and mistreatment at the hands of State agents during his arrest, without any medical history to explain what
happened. There is no record that the State provided medical attention to that person prior to his death, nor
has a satisfactory or convincing explanation been offered for what occurred. Therefore, the State is also
responsible for violation of that person's right to life.
66.
Based on the foregoing, the Commission concludes that the State of Bolivia violated the rights to life,
to humane treatment, and to respect for privacy and dignity, as well as the duty to provide special protection
to children and the right of women to live free from violence, to the detriment of the persons mentioned in each
of the paragraphs in this section. All of the foregoing, is in accordance with Articles 4(1), 5(1), 5(2), 11, and 19
of the American Convention, taken in conjunction with Article 1.1 thereof, and Article 7 of the Convention of
Belem do Pará.
C. Rights to a fair trial152 and judicial protection153 and duty to investigate and punish acts of
torture154
Blas Valencia Campos, Oswaldo Lulleman Antezana, Carlos Eladio Cruz Añez, Carlos Enrique Castro Ramírez, Elacio Peña Córdoba, Víctor
Manuel Boggiano Bruzon (Juan Ramirez Ortega), Genaro Ahuacho Luna (Walter Herrera Ríos), and Alfredo Bazán la Rosas (José Miguel
Albidio Diaz).
151 Norma Lupe Alarcón de Valencia, Claudia Valencia Alarcón, Mercedes Valencia Chuquimia, Victoria Gutiérrez de Lulleman, Paola
Lulleman de Zaconeta, Julia Mamanu Mamani, Francis Elida Primentela Merino, and Patricia Catalina Gallardo Arduz.
152 The pertinent portions of Article 8 of the American Convention provide: “Article 8. Right to a Fair Trial. 1. Every person has the right to
a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established
by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations
of a civil, labor, fiscal, or any other nature. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as
his guilt has not been proven according to law.”
153 The pertinent portions of Article 25 (1) of the American Convention provide: “Article 25. Judicial protection. 1. Everyone has the right
to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may
have been committed by persons acting in the course of their official duties.”
154The pertinent portions of the Inter-American Convention to Prevent and Punish Torture provide: “Article 1. The State Parties undertake
to prevent and punish torture in accordance with the terms of this Convention. [...] Article 6. In accordance with the terms of Article 1, the
States Parties shall take effective measures to prevent and punish torture within their jurisdiction.
The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make
such acts punishable by severe penalties that take into account their serious nature. The States Parties likewise shall take effective
measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction. [...] Article 8. The
States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have
the right to an impartial examination of his case. Likewise, if there is an accusation or well-grounded reason to believe that an act of torture
has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and
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