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 25

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