more information about the whereabouts of the remains of Flores Bedregal and other victims
of the military dictatorship." In addition, two technical visual inspections were carried out on
December 16 and 17, 2021, at the Provincial Bus Station of El Alto city and at the General
Cemetery of La Paz, respectively, as possible burial sites of victims of the military dictatorship,
including those who may have been transferred from another Department. 100 No other actions
have been carried out to determine the location of Juan Carlos Flores Bedregal.
VII
MERITS
70.
The Court now proceeds to examine the merits, in the following order: the alleged
disappearance of Juan Carlos Flores Bedregal and the rights to juridical personality, life,
humane treatment, and personal liberty enshrined in Articles 3, 4, 5, and 7 of the American
Convention, in relation to the obligation to respect and guarantee rights and Articles I(a) and
(b) of the ICPPT; the alleged violations of judicial guarantees and judicial protection enshrined
in Articles 8(1), 25(1), and 1(1) of the American Convention; the alleged violation of the right
of access to information enshrined in Article 13, in relation to Articles 1(1) and 2 of the
American Convention; and the alleged violation of humane treatment of Mr. Flores Bedregal's
relatives, enshrined in article 5 of the Convention.
VII-I
RIGHTS TO JURIDICAL PERSONALITY , LIFE, HUMANE TREATMENT AND PERSONAL
LIBERTY, IN RELATION TO THE OBLIGATION TO RESPECT AND GUARANTEE THE
RIGHTS 101 OF THE AMERICAN CONVENTION AND ARTICLE I.a) OF THE ICPPT
71.
Pursuant to the provisions of Chapter IV regarding its ratione temporis jurisdiction in
the instant case, the Court will analyze whether the events that occurred prior to the
acceptance of its contentious jurisdiction —that is, the illegal detention and acts of violence
of July 17, 1980, that affected Juan Carlos Flores Bedregal—are of a continuous nature and,
therefore, constitute violations of the rights to recognition of juridical personality, life,
humane treatment, and personal liberty enshrined in Articles 3, 4, 5, and 7 of the American
Convention, in relation to Article I(a) and I.b) of the ICPPT.
A. Arguments of the Commission and the parties
72.
The Commission alleged that the State violated Articles 3, 4.1, 5.1, and 5.2, 7.1, 8.1,
and 25.1 of the American Convention, in relation to Article 1.1 of the same instrument, and
Articles I(a) and I(b) of the ICPPT, to the detriment of Juan Carlos Flores Bedregal. It
maintained that there is no dispute as to the participation of state agents in the events related
to the seizure of the COB, nor that Mr. Flores Bedregal was one of the victims of the events.
Therefore, the Commission approved the first two elements of the forced disappearance.
Regarding the third element, the Commission pointed out that to the present date, what
happened to Mr. Flores Bedregal has not been fully clarified, nor have his remains been
located. It pointed out that the conviction issued by the Second Criminal Court recognized the
serious obstacles to the clarification of the facts due to the "pact of silence" of the alleged
parties involved; and that the same ruling shows the contradictions existing in the statements
of the accused parties as to the final destination of the bodies of Marcelo Quiroga and Juan
Carlos Flores Bedregal. The foregoing evidences the state agents' intention to remove
evidence and to hide what happened.
100
As indicated by the State in its final written arguments, and the Eighth Magistrate's Precautionary Criminal
Court, within process No. 6441/09 pursued by ex officio by the Public Prosecutor against Luis Arce Gómez et al. for
the crime of forced disappearance of persons, Report of the Specialized Attorney's Office for crimes of human
trafficking and migrant smuggling of La Paz, February 3, 2022 (case file of evidence, p. 9284-9286).
101
Articles 3, 4, 5, 7, and 1.1 of the American Convention, respectively.
23