assertion. It is also demonstrated that immediately after being apprehended, the detainees were presented to
the press as the persons responsible for the Prosegur robbery before they had been prosecuted and convicted.
Some of them were not even later indicted by the Public Prosecution Service but released in the course of the
investigation.
71.
Therefore, the State violated the rights to a fair trial and judicial protection recognized at Articles 8 (1)
and 25 (1) of the American Convention, in conjunction with the duty to respect rights set down in Article 1 (1)
thereof, to the detriment of all the petitioners in this case.166 Accordingly, the Commission finds that the failure
to investigate the allegations of torture and punish those responsible in this case also constitutes a violation of
the obligations set forth in Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture,
as of the time said instrument came into force for the State.
V.
CONCLUSIONS AND RECOMMENDATIONS
72.
Based on the factual and legal considerations contained in this report on merits, the Commission
concludes that the Bolivian State is responsible for violation of the right to personal liberty, right to respect for
private and family life, right to life, right to humane treatment, rights of the child, and rights to a fair trial and
judicial protection recognized at Articles 4, 5, 7, 8, 11, 19, and 25 of the American Convention taken in
conjunction with the obligations enshrined in Article 1 (1) of that instrument, as well as the duty to prevent
violence against women established in Article 7 of the Convention of Belém do Pará and Articles 1, 6 and 8 of
the Inter-American Convention to Prevent and Punish Torture, in light of the failure to investigate the
allegations of torture and punish those responsible, all of the above to the detriment of the victims identified
in this report.
73.
Based on the foregoing,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF BOLIVIA:
1.
Provide full reparation for the human rights violations found in the instant report, including both
material and nonpecuniary dimensions. The State should adopt measures of economic compensation and
satisfaction.
2.
Arrange for the victims in this case to receive the necessary physical and mental health care for their
rehabilitation, if they so wish and in a manner that meets with their agreement.
3.
Initiate a diligent and effective criminal investigation within a reasonable time in order to completely
clarify the events, identify all those who bear possible responsibility, and impose the appropriate penalties for
the gross human rights violations recognized in this report. As these are gross human rights violations, the
State may not invoke the statute of limitations or other grounds for excluding criminal responsibility in order
not to implement this recommendation. Furthermore, the acts of torture should be investigated in accordance
with the due diligence parameters prescribed herein, including those contained in the Istanbul Protocol, and a
gender perspective in the case of the women who were victims of sexual torture.
Blas Valencia Campos, Norma Lupe Alarcón de Valencia, Edwin Rodríguez Alarcón, Claudia Valencia Alarcón, Gabriel Valencia Alarcón,
Alexis Valencia Alarcón (11 years old), Claudio Valencia (3 years old), Elacio Peña Córdoba, Víctor Manuel Boggiano Bruzon (Juan Ramírez
Ortega), Genaro Ahuacho Luna (Walter Herrera Flores), Alfredo Bazán la Rosas (José Miguel Abildo Díaz), Mercedes Valencia Chuquimia,
Mauricio Valenzuela Valencia (15 years old), Oswaldo Lulleman Antezana, Raúl Oswaldo Lulleman Gutiérrez, Victoria Gutiérrez de
Lulleman, Paola Lulleman de Zaconeta, Luis F. Lulleman Gutiérrez, Julia Mamanu Mamani, Francis Elida Primentela Merino, Carlos Eladio
Cruz Añez, Carlos Enrique Castro Ramírez, Alvaro Taboada Valencia, Patricia Catalina Gallardo Ardúz, María Fernanda Peña Gallardo, and
Freddy Cáceres Castro.
166
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