CONCURRING VOTE OF JUDGES DIEGO GARCÍA-SAYÁN AND SERGÍO GARCÍA RAMÍREZ, IN THE CASE OF TICONA ESTRADA ET AL. (BOLIVIA) 1. The Judges who deliver this opinion wish to express, first, our total agreement with the opinions of the other members of the Inter-American Court as to the main statements contained in the judgment of the case of Ticona Estrada (Bolivia) of November 27, 2008: The State violated the principles of the American Convention on Human Rights to which this Judgment refers. In this sense, there is no discrepancy among the members of the Tribunal or objection or difference. The judgment reveals the unanimous opinion of the seven Judges that heard and solved this case. 2. We would like to put on record our appreciation for the fact that the Ombudsman of the Bolivia has acted in representation of the victims before the Inter-American Court139 to protect "... the promotion, enforcement, punishment and defense of human rights”. We consider – according to the statements made in the hearing on merits held in Montevideo, Uruguay, on August 13, 2008 --, that this represents a step ahead for the Inter-American system for the protection of human rights. In this system, there are actors who are traditionally committed to preserve the fundamental rights: the State in itself, the Organization of American States, the civil society and the institutions that the society constitutes to such end. 3. It is also worth taking into account, today, the presence of new agents for the protection of the rights, who are called “emerging actors”. Among them, we can find the institution of the Ombudsman, which forms part of the State but who may and must act to insure and defend these rights -- duty that reveals its institutional orientation and it is what it lives for --, as it happened in the instant case. In this sense, the ombudsman constitutes – like the public defenders – an “emerging actor” of great importance whose performance within the international level, which must become more frequent and intense, will significantly contribute to improve the conditions for the effective access to justice of those people who could hardly resort to the Inter-American Commission and Court. The fact that in the last ten years it has been asserted the decision to constitute institutions of that kind, which already work in 139 Act Nº 1818, passed on December 22, 1997.