96.
It is an undisputed fact that, at approximately 3 p.m. on that February 23, Chilean
Consulate officers visited the Bolivian immigration authorities .105 On the one hand, the
petitioners indicate that these Chilean officials reached a verbal agreement with Juan Carlos
Molina to allow their departure to Chile,106 and even that they negotiated bus tickets to travel to
the Chilean town of Arica. On the other hand, the State indicates that this agreement did not
exist;107 that SENAMIG did enter into contact with the Chilean Consul; 108 that “Chilean consular
officers did visit the offices of the Immigration Service, only to obtain information,”109 but did
not provide any official response as to whether the Pacheco Tineo family could enter that
country, or whether they had refugee status in that country. 110
97.
Nevertheless, during the proceedings before the Court, information was provide that
confirms a series of communications between Bolivian authorities and officers of the Chilean
Consulate concerning the situation of the Pacheco Tineo family prior to their deportation, even
that a verbal agreement was reached on their departure to Chile and that the Chilean officials
did advise that the members of the Pacheco Tineo family at least had residence in Chile. Indeed,
in “ordinary official message” No. 128 dated February 23, 2001, the Chilean Consulate in La Paz
advised the Consular General Directorate in Santiago as follows:
“1. Today, following arduous negotiations with the immigration authorities, we were able to prevent Romualdo
(sic) Juan Pacheco Osco and family being taken this afternoon to the border at Tambo Quemado.
2. Mr. Pacheco and family are travelling to La Paz tomorrow in a bus of the El Dorado Company towards Arica.
The costs of the bus and accommodation in La Paz tonight, plus expenses for food, have been assumed by this
CONGECHILE.
3. I attach documents that I have given to Mr. Pacheco in order to cross the border and comply with the
instructions in your message 066.”111
98.
Also, on February 23, 2001, the Consul General of Chile in La Paz sent letter No. 168/10
to Juan Carlos Molina, Adviser of the Immigration Directorate, informing him that the Ministry of
the Interior of Chile had “given its authorization for the entry into Chile of the Pacheco Tineo
family,” indicating their nationalities. The letter also indicated: “consequently, I would be obliged
if you would order the prompt return of the passports of this family” and “there is a possibility
that they can travel to Chile, by land, tomorrow, February 24, by the Tambo QuemadoChungará border.”112 “Ordinary official message” No. 130 of February 26, 2001, addressed by
the Consulate to its Consular General Directorate in Santiago indicates that the preceding letter
105
Cf. Report of Juan Carlos Molina sent to Rodolfo Téllez Flores, Director of Legal Affairs of the National
Immigration Service, dated March 23, 2004 (evidence file, folio 36).
106
Cf. Letter of Rumaldo Pacheco Osco to the IACHR dated January 8, 2007 (evidence file, folios 243 and 244).
107
Report of Juan Carlos Molina sent to Rodolfo Téllez Flores, Director of Legal Affairs of the National Immigration
Service, dated March 23, 2004 (evidence file, folio 36) See also: final written arguments of the Plurinational State of
Bolivia (merits file, folio 865).
108
However, the State indicated that it had no written document certifying that, on the day of the facts, a fax was
sent to the Chilean Consulate. Final written arguments of the Plurinational State of Bolivia (merits file, folio 865).
109
Cf. Report of the SENAMIG Director to the Minister of the Interior of April 9, 2001 (evidence file, folio 85).
110
Cf. Report of Juan Carlos Molina sent to Rodolfo Téllez Flores, Director of Legal Affairs of the National
Immigration Service, dated March 23, 2004 (evidence file, folio 36). Witness Molina, offered by the State, indicated that
“the National Immigration Service had informal contact […] [with the Chilean Consulate], which faxed them the
documents that they had of these persons and told them that they could come and see them.” He also stated that the
Chilean consular officers did not say that the members of the family had refugee status in that country and merely
requested information from their authorities in Santiago, but never gave either a positive or a negative opinion. Cf.
Statement made by Juan Carlos Molina before the Inter-American Court on March 20, 2013.
111
Cf. Communication No. 128 of CONGECHILE La Paz to DIGECONSU, dated February 23, 2001 (evidence file,
folio 1522). In addition, the evidence shows that the bus tickets had been bought for the family to travel from La Paz to
Arica. Cf. Bus tickets of the company Transporte Internacional y Turismo (evidence file, folio 124).
112
Cf. Letter from the Ambassador/Consul General of Chile to Juan Carlos Molina of February 23, 2001, Letter No.
168/10 (evidence file, folio 1512).
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