would allow progress in the task of seeing that justice is done in the case of
José Carlos Trujillo Oroza and would make an important contribution to
avoiding repetition of acts such as those that occurred;
d)
symbolic acts that ensure that the reparation has national impact
The State should acknowledge publicly its international responsibility for the
facts that are the subject of this case; make a public apology to the victim’s
next of kin through the media; erect a monument to the memory of José
Carlos, in an important location, where there is a substantial flow of traffic, in
the center of Santa Cruz, and all aspects related to it should be agreed with
the victim’s mother and brothers; the State should decree February 2 to be
“National Day of the Detained-Disappeared”, and accord suitable importance
to this date with public acts and ceremonies in educational establishments,
among other activities; and should use all measures within its power to
ensure that the media take an interest in and participate in them; and
e)
rehabilitation measures
The State should grant José Carlos Trujillo Oroza’s mother and brothers
US$5,000.00 (five thousand United States dollars) for treatment in order to
help them recover the mental and physical health they had when José Carlos
disappeared.
The Commission’s arguments
92.
The Commission requested the Court to order the following measures of
reparation:
a)
investigation into the whereabouts of the disappeared person and
return of his body
This is an obligation de oficio of the State, that cannot be delegated. Thirty
years have elapsed since the events in Santa Cruz, Bolivia, and the State has
still not located the victim’s remains. It hoped that the State would find the
remains of José Carlos Trujillo Oroza and deliver them to his mother;
b)
effective investigation and punishment of the perpetrators of the facts
and their accessories
This is an obligation de oficio of the State that cannot be delegated. Bolivia
should criminally punish the perpetrators and masterminds of these facts and
their accessories. The Commission knows that, in 1999, the State initiated de
oficio a judicial proceeding to investigate the facts. However, the preliminary
investigation was not carried out with due diligence and the report with the
conclusions of the Judicial Technical Police failed to include important
elements of evidence. The facts were classified under inappropriate criminal
offenses and not as forced disappearance of persons. On November 10, 2000,
the case judge issued an order declaring that the criminal action had
extinguished. Thirty years have elapsed, and during this time the State has