38
3.
Based on the principle of iura novit curia, the State of Bolivia is responsible for
the violation of the right to judicial protection enshrined in article 25 of the American Convention,
taken in conjunction with Article 1(1) of that instrument, to the detriment of Rumaldo Juan
Pacheco Osco; Fredesvinda Tineo Godos; and the minors Frida Edith, Juana Guadalupe, and
Juan Ricardo Pacheco Tineo.
4.
The State of Bolivia did not violate the right to respect for physical integrity
recognized in Article 5 of the American Convention, to the detriment of the Pacheco Tineo family.
5.
The State of Bolivia violated the right to mental and moral integrity enshrined in
article 5(1) of the American Convention, taken in conjunction with article 1(1) of that instrument, to
the detriment of Rumaldo Juan Pacheco Osco; Fredesvinda Tineo Godos; and Frida Edith, Juana
Guadalupe, and Juan Ricardo Pacheco Tineo.
6.
The State of Bolivia is responsible for the violation of the obligation to provide
special protection to children recognized in article 19 of the American Convention, taken in
conjunction with Article 1(1) of that instrument.
7.
It is not necessary to offer an opinion on the alleged violation of the rights of the
family enshrined in article 17 of the American Convention.
VII.
RECOMMENDATIONS
178.
Based on the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE
BOLIVIAN STATE,
1.
Order comprehensive reparation in favor of the members of the Pacheco Tineo family for
the human rights violations found in this report. This reparation should include compensation for the
material and non-pecuniary damages suffered. The presence of the Pacheco Tineo family in another
country should not be considered an obstacle in carrying out this recommendation. It is incumbent on the
Bolivian State to order the necessary efforts through diplomatic and consular channels to ensure this
reparation.
2.
Order administrative, disciplinary, and other measures to address the acts or omissions of
the government officials who took part in the human rights violations found in this report.
3.
Adopt measures to ensure non-repetition, including training for officials in charge of
immigration proceedings that could result in the deportation or expulsion of immigrants and of
proceedings for the determination of refugee status. This training should include the standards described
in the instant merits report. The State should also adopt other measures to ensure non-repetition in order
to make certain that the practices of domestic authorities in these two spheres are compatible with the
American Convention in the terms described in this report.