46
170. The representative requested the Court to order the State the improvement of
the operation of the Inter-Institutional Council for the Clarification of Forced
Disappearance by means of a compulsory annual budget that would allow this body
to count on sufficient human, permanent and qualified resources; material resources
and financial resources that ensure a suitable and effective work.
171. The State informed on the powers granted to CIEDEF, the rules that govern
the operation of such institution, as well as the recent measures adopted to clarify
the forced disappearances.
172. The Court considers that it is of utmost importante for the non-repetition of
the facts of the instant case that the State takes measures aimed at clarifying the
acts of forced disappearance that occurred in the past in Bolivia. In this sense, the
Court positively values the creation of CIEDEF by means of the Supreme Decree Nº
27089 of June 18, 2003, as well as the measures it recently adopted.
173. Based on the foregoing, this Tribunal considers it is appropriate as guarantee
of non-repetition, that the State provides the Inter-Institutional Council for the
Clarification of Forced Disappearance, within a reasonable time, with the human and
material resources necessary so that such council may effectively exercise the power
granted to it. To such effects, the State must present, within one year, a specific
proposal together with a program of action and planning related to the compliance
with this order.
ii) Ratification of the international Convention for the Protection of all Persons against
Enforced Disappearances.
174. The representative requested as a guarantee of non-repetition that the State,
following the corresponding legislative procedure, ratifies the International
Convention for the Protection of all persons against Enforced Disappearances.
175. The State informed that such Convention was “passed” by the Nacional
Congress on September 10, 2008. Afterwards, on November 18, 2008, the State
informed that on October 10, that same year, the Official Gazette Nº 3130 published
Act Nº 3935 of September 26, 2008, by which the International Convention for the
Protection of all Persons against Enforced Disappearance, signed within the
framework of the United States, was approved.
176. The Court positively values the State’s ratification of the International
Convention for the Protection of All Persons against Enforced Disappearances and it
positively values it, since it contributes to the non-repetition of the facts of the
instant case.
D)
Costs and Expenses
discovery of the remains of the persons who were victims of forced disappearance and to take steps to
cooperate, at a technical, domestic and international level, in order to exercise its authority".