between the representatives and the State regarding whether the other beneficiaries of this
measure of reparation have gone to the offices of the said entity with the documents
required to carry out their respective affiliation.27
33.
Consequently, the Court finds it pertinent to recall that it had already referred in the
Judgment (supra considering paragraph 1) to the agreement signed between the Ministry of
Health and Sports and the Caja Petrolera de Salud in order to provide medical services to
the members of the Ibsen family, indicating that it was necessary to rectify any errors that
this might contain in order to avoid any problems in its implementation that could represent
an unnecessary burden for the beneficiaries of the respective medical services. In addition,
the Court had indicated that the State’s obligation to comply with the measure of reparation
in the terms ordered subsisted irrespective of the said agreement.28 Consequently, the
Court finds it necessary that the State and the representatives provide information on the
dates on which the members of the Ibsen family have gone to the offices of the Caja
Petrolera de Salud, and indicate whether, on those occasions, they complied with all the
requirements to carry out their respective affiliation or, if applicable, indicate the
requirements that remain pending in this regard. Furthermore, they must inform the Court
of the reasons why Raquel Ibsen Castro and Martha Castro Mendoza have been unable to
receive the assessments and treatments they require, even though they are already
affiliated to the Caja Petrolera de Salud.
F) Obligation to implement, within a reasonable time and with the respective
budgetary allocation, a training program on the proper investigation and
prosecution of acts that constitute forced disappearance of persons for the agents
of the Public Prosecution Service and the judges of the Bolivian Judiciary who
have jurisdiction for the investigation and prosecution of acts such as those that
occurred in this case, so that the said officials have the necessary legal, technical
and scientific elements to evaluate the practice of forced disappearance integrally
(thirteenth operative paragraph of the Judgment)
34.
The State advised that, on October 8, 2010, the Public Prosecution Service issued
Directive 833/2010 to the Director of this entity’s Training Institute to proceed to implement
a training program for its officials on the proper investigation and prosecution of acts that
constitute forced disappearance of persons, in order “to provide [them with the] necessary
tools to be ‘trained in the use of circumstantial evidence, indications and presumptions, the
assessment of systematic patterns that may result in the acts investigated, and the finding
of persons who have been forcibly disappeared.”
35.
The State also indicated that, on October 28, 2010, in Note No. 779/10, the
President of the Supreme Court of Justice had “asked the Institute of the Judicature to plan
a training course on the proper investigation and prosecution of acts that constitute forced
27
Affiliation requirements: Application for affiliation to the voluntary insurance scheme, addressed to the
departmental, regional, zonal and sub-zonal Administrator, original birth certificate, photocopy of identity card,
initial medical examination (conducted in the C.P.S.), plan of the location of the domicile of the persons to be
insured, with land line number, photocopy of electricity or water bill, form 101 on non-affiliation to another health
insurance entity, and two 3 cm x 3 cm photographs on a red background. Cf. Resolution of the Management of the
Caja Petrolera de Salud of July 12, 2012 (file on monitoring compliance, tome II, folio 1143). See, also, the
communication of the Caja Petrolera to the Director General for Administrative Affairs of the Health Ministry dated
November 6, 2012 (file on monitoring compliance, tome II, folio 1134).
28
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Judgment of the Inter-American Court of Human
Rights of September 1, 2010. Series C No. 217, paras. 253 and 254.
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