32.
In its observations of December 13, 2010, the Inter-American Commission
assessed positively the State’s efforts to strengthen the “CIEDEF professional staff,” as
well as to seek financial support for its functioning. Nevertheless, the Commission
considered it important that the State present further information on the sustainability
of the measures (given that the CIEDEF project relies mainly on resources from
international cooperation), their specific results, and the work plans.
33.
The Court assesses positively the steps taken by the State to provide CIEDEF
with human and material resources, as well as the actions to implement the project
“Contribution to the full exercise of human rights and the strengthening of democracy”
under which “priority has been given to the search for the mortal remains of Renato
Ticona.” Therefore, the Court will take into consideration the actions and steps taken
by CIEDEF in this regard. In addition, it should be emphasized that, for CIEDEF to
fulfill its mandate, and to carry out the programs it launches satisfactorily, the State
must ensure their sustainability. Based on the foregoing, the Court considers that the
measures taken by the State in order to comply fully with the fifteenth operative
paragraph of the judgment are sufficient.
G)
Regarding the obligation to pay Honoria Estrada de Ticona, César
Ticona Olivares, Hugo Ticona Estrada, Betzy Ticona Estrada and Rodo Ticona
Estrada the amounts awarded as compensation for pecuniary and nonpecuniary damage and as reimbursement of costs and expenses, and
construction of a house (sixteenth operative paragraph of the judgment)
34.
Regarding the compensation for pecuniary and non-pecuniary damage and
reimbursement of costs and expenses, the State advised that Supreme Decree No.
0262 had been issued on August 26, 2009, establishing the financial mechanism to
pay the pecuniary obligations arising from the judgment. In this regard, it indicated
that it had proceeded to transfer the amounts ordered by the Court to the personal
accounts of Honoria Estrada de Ticona, César Ticona Olivares, Hugo Ticona Estrada,
Betzy Ticona Estrada and Rodo Ticona Estrada. The said amounts were delivered in full
to the victims without any reductions for possible taxes or charges. The State added
that, on September 29, 2009, an act was held with regard to compliance with the
compensatory measures in the presence of high-ranking authorities of the Executive,
international human rights representatives and, it emphasized, all the members of the
Ticona Estrada family. According to the State, this ceremony constituted a form of
reparation for the family. The Minister of Foreign Affairs, David Choquehuanca
Céspedes, and the Minister of Justice at the time, Celima Torrico Rojas, were present
and Hugo Ticona intervened on behalf of the family. Lastly, the State indicated that,
during this act, the respective orders of payment issued by the Central Bank of Bolivia
were delivered and, for legal purposes, the record of their delivery was signed.
35.
In their observations of December 17, 2010, the representatives did not refer
to the payment of the compensation for pecuniary and non-pecuniary damage or to
the reimbursement of costs and expenses.
36.
However, the Inter-American Commission assessed positively the information
provided by the State regarding the payments established in the judgment, and
considered that the available information reveals compliance with the said payments.
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