the MFA Colombia requested additional information from Bolivia.143 On February 18, 2020,
Sentencing Court No. 3, at the request of the Office of the Public Prosecutor, reiterated the Preventive
Detention Order for the purposes of Extradition and Letter Rogatory Request to the Republic of
Colombia.144 On March 5, 2020, a letter rogatory was issued with a formal request for extradition to
the competent authority in Colombia.145
74.
Upon receipt of a letter from E.G.A., the MFA Colombia requested information including on
the prescription of the criminal proceedings, so that National Attorney General's Office could rule on
the capture of E.G.A.146 Sentencing Court No. 3 issued a report responding to said request, which
was sent to the Colombian Embassy in Bolivia on September 10, 2020.147
75.
On February 21, 2022, E.G.A. was captured for extradition purposes in Colombian territory.
However, on September 7, 2022, the Deputy Attorney General of the Nation assigned by the Office
of the Attorney General of the Nation decided to cancel the arrest warrant against E.G.A. due to “the
criminal action being expired under the statute of limitations in view of Colombian regulations,”148
and his immediate release was ordered “by virtue of the unfavorable opinion issued by the Cassation
Chamber of the Supreme Court of Justice [of Colombia].”149
VII
MERITS
76. This case deals with the criminal process instituted following the complaint of sexual violence
and rape committed against a girl in the family environment. Taking into account the arguments of
the parties and the Commission, the Court is called upon in the sub judice case to analyze the alleged
international responsibility of Bolivia, based on its international obligations arising from the American
Convention, and in particular from the Convention of Belém do Pará, for a series of state actions and
omissions within the framework of the aforementioned criminal process, since the duty of enhanced
due diligence and special protection had not been respected, and the alleged victim had been
revictimized, among other alleged effects. The Court recalls that it is not within its remit to rule on
the individual criminal responsibility of E.G.A.
Brief presented by the Public Prosecution on July 5, 2019 (evidence file, folio 11255); Order issued by Court No. 3 on July 10,
2019 (evidence file, folio 11256); Brief presented by the Public Prosecution on October 3, 2019 (evidence file, folio 11258);
Order issued by the Sentencing Court No. 3 on October 9, 2019 (evidence file, folio 11259), and Note of transmission of the
procedural file issued by the Sentencing Court on October 16, 2019 (evidence file, folio 11260).
143
Cf. Note signed by the Director of the Directorate of International Affairs of the Attorney General's Office on
December 13, 2019 (evidence file, folio 11262).
Cf. Brief presented by the Public Prosecution on February 14, 2020 (evidence file, folios 11269 to 11278) and Order
issued by the Sentencing Court No. 3 on February 18, 2020 (evidence file, folio 11279).
144
Cf. Request for Preventive Detention for the Purposes of Extradition, Note of March 5, 2020, Remittance Notes of
September 2, 2020, CITE: GM-DGAJ-UAJI-NSE-338/2020 H.R. 41141.20 of September 10, 2020, and Note GM-DGAJ-UAJICs-1006/2020 of March 11, 2020 (evidence file, folios 11285 to 11322).
145
146
Cf. Note DIAJI No. 0994 of April 7, 2020, and annexes (evidence file, folios 11324 to 11345).
Cf. Note Cite GM-DGAJ-UAJI-NSE.338/2020 (H.R.: 41141.20) signed by the Director of Legal Affairs of the MFA, Bolivia
on September 10, 2020 (evidence file, folio 11350); Remittance Note dated September 2, 2020 (evidence file, folio 11351),
and Report prepared by Sentencing Court No. 3 on April 29, 2020 (evidence file, folio 11352).
147
Cf. Cancellation of the arrest warrant for extradition purposes signed by the Deputy Attorney General of the Nation
with Assignment of Functions of the Office of the Attorney General of the Nation, Colombia on September 7 (evidence file,
folios 12080 to 12086).
148
Cf. Official letter issued by the Directorate of Legal Affairs of the Ministry of Foreign Affairs, Colombia on September
16, 2022 (evidence file, folio 12078).
149
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