143. Article 98 of the Organic Law of the Armed Forces establishes that "[t]he classified
documentation of the Military Rank is secret and inviolable. This condition may only be lifted:
a. At the reasoned request of the Legislative Power. b. By judicial [o]rder of the competent
Judge, through a reasoned order in formal proceedings. In both cases, the information must
be forwarded to the requester through the commander in chief and must be kept
confidential." 194.
144. Ministerial Resolution No. 316/09 authorizes the Armed Forces Command in Chief to
facilitate access to family members and victims of regimes subject to military dictatorships to
archives, public records, and existing documents of the Armed Forces, who so request and
demonstrate a legitimate interest (supra para. 63).
B.2.2 Criminal proceedings "Public Prosecutor v/ Franz Pizarro Solano et
al."
145. According to the file, the Flores Bedregal sisters requested the declassification of the
archives of the Armed Forces in the process of the "Public Prosecutor v/ Franz Pizarro Solano
et al." (supra para. 51). However, this process was resolved at the appeals level on August
22, 2008, without the right of access to information being granted to the Flores Bedregal
sisters (supra para. 55).
146. On February 15, 2010, in cassation, the Flores Bedregal sisters reiterated before the
First Criminal Chamber of the Supreme Court of Justice of the Nation their request for the
declassification of the documents filed in the Second Department of the Joint Chiefs of Staff,
the report of entries and exits to the Joint Chiefs of Staff, and access to military archives
(supra para. 59). On March 12, 2010, the Appeals Prosecutor of the Office of the Prosecutor
General also requested that the Supreme Court of Justice grant the request for declassification
of files of the Armed Forces (supra para. 59). These requests were accepted in Supreme Order
No. 125 of the First Criminal Chamber of the Supreme Court of Justice, which on April 1,
2010, ordered the General Commander of the Armed Forces to proceed "with the
declassification of the files existing in the Second Department of the Joint Chiefs of Staff, from
June 1979 to December 1980, and the report of entries and exits to the Joint Chiefs of Staff
from July 10 to 20, 1980, certified photocopies must be sent" to that court (supra para. 59).
On April 16, 2010, the same Chamber, at the request of Mrs. Olga Flores Bedregal,
supplemented the previous order and by Supreme Order No. 167 added to the declassification
order, the documents relating to the Armed Forces Personnel Rank existing in the General
Staff from June 1979 to December 1980 (supra para. 59). On October 25, 2010, the Supreme
Court of Justice issued a cassation judgment that confirmed the criminal conviction of the
accused without the information having been presented in the proceedings (supra para. 61).
147. On September 28, 2010, in the context of criminal proceedings brought by the Public
Prosecutor's Office at the request of victims of the dictatorship of Luis García Meza Tejada
against perpetrators (No. 6441/09) before the Eighth Magistrate's Court on Precautionary
Criminal Matters, a visual inspection was allegedly carried out by a commission of prosecutors
on the premises of the General Staff (supra para. 60) and by official letter of October 19,
2010, in criminal proceedings No. 6441/09, the Commander in Chief of the Armed Forces
allegedly complied with the Supreme Orders of the First Criminal Chamber of the Supreme
Court of Justice and the decisions of the Eighth Magistrate's Court on Precautionary Criminal
Matters 195 sending legalized photocopies in three sealed envelopes. The Court emphasizes
194
Cf. Organic Law on the Armed Forces, Law No. 1405 of December 30, 1992, article 98. Available at:
https://www.mindef.gob.bo/mindef/node/29
195
In process No. 6441/09, the Eighth Magistrate's Court on Precautionary Criminal Matters issued three
resolutions ordering access to military archives: (a) on 16 September 2009, Resolution No. 384/2009; (b) February
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