6
Forensic Investigation of Deaths Suspected to have occurred in Violation of Human Rights of
the Office of the United Nations High Commissioner for Human Rights.8
17.
That, taking the aforementioned into account, and given that seven years have
elapsed since the Court delivered the Judgment on reparations and costs in the instant case,
the Court finds that no substantive progress in furtherance of locating the remains of José
Carlos Trujillo-Oroza has been made. In this respect, the Court takes note of the petition
submitted during the private hearing (supra Having Seen clause No. 11) by the
representatives and the Commission to draft a specific schedule of the actions to be taken
to locate the remains of José Carlos Trujillo-Oroza. In this regard, in a post hearing
communication, the State informed that consultations with the Chairman’s Office of the
Consejo Interinstitucional para el Esclarecimiento de las Desapariciones Forzadas (Interinstitutional Council for the Elucidation on the Forced Disappearance of Persons) [CIEDF] are
being made, the results of which [would] be timely notified for the consideration of the
[Inter-American Court]” (supra Having Seen clause No. 12.)
18.
That the State should forthwith adopt all necessary measures to conduct a specific
search for the victim’s remains. The Tribunal finds it of utmost importance that the State
should keep the victim’s next of kin informed of all the actions taken to that purpose and
that the next of kin should be invited to participate, with all due safety guarantees, in the
search. To this effect, the State must submit to the Court a schedule of all the actions to be
taken, a statement of estimated dates and a list of the institutions or persons involved in
the process (infra operative paragraph two.)
19.
That the Court appreciates the general measures adopted by the State aimed at
locating the remains of the victims of forced disappearances occurred during the ´70s in
Bolivia. In this regard, as already pointed out by the Court in the case of Ticona-Estrada v.
Bolivia,9 the State must provide the Consejo Interinstitucional para el Esclarecimiento de las
Desapariciones Forzadas (Inter-institutional Council for the Elucidation on the Forced
Disappearance of Persons,) within a reasonable time, with the necessary material and
human resources, so that said body may perform its duties, exercising the powers vested in
it. However, in this particular case the effective search for Trujillo-Oroza’s remains should
not be dependant upon the actions of the Council, because the State obligation prevails as a
whole.
20.
In view of the above, the Court considers that operative paragraph one of the
Judgment on reparations and costs (supra Having Seen No. 2) has not been complied with.
*
*
*
21.
That, regarding the obligation to investigate, identify and, in turn, punish those
responsible for the events of the instant case (operative paragraph three of the Judgment
on reparations and costs, supra Having Seen clause No. 2,) the Court notes that the
representatives and the Inter-American Commission have objected to three aspects of the
8
Cf. Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, Reparations, and Costs. Judgment of
September 15, 2005. Series C No. 134, para. 305. Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits,
Reparations, and Costs. Judgment of January 31, 2006. Series C No. 140, para. 270. Case of the Pueblo Bello
Massacre v. Colombia. Monitoring Compliance with Judgment. Order of July 9, 2009, Considering clause No. 23.
9
Cf. Case of Ticona-Estrada v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008.
Series C No. 191 and operative paragraph 15.