31
89. On March 21, 2007, within the framework of the criminal proceeding conducted at
the domestic level (infra paras. 137 to 150), the skeletal remains that apparently belonged
to Rainer Ibsen Cárdenas were exhumed.102 It should be mentioned that during the
domestic criminal proceedings, Messrs. Rebeca and Tito Ibsen Castro requested this
exhumation on at least five occasions since 2003.103 On March 23, 2007, the expert
witnesses in charge of the exhumation delivered a “preliminary report” to the Prosecutor
with subject-matter jurisdiction of the District of La Paz, indicating that none of the skeletal
remains exhumed matched the characteristics of Mr. Rainer Ibsen Cárdenas.104 The report
also indicated that “the remains of Rainer Ibsen Cárdenas had been interred at the General
Cemetery of La Paz, along with other persons, in the so-called Pantheon of ASOFAMD after
having been previously exhum[ed] from a grave in the same cemetery.”105
90. On May 10, 2007, the expert witnesses issued “Final Reports” confirming that “[t]he
biological profile […] of the remains [exhumed on March 21, 2007, was] not consistent with
the premortem data corresponding to [Mr.] Rainer Ibsen Cárdenas.”106 In its final written
arguments, the State indicated that the reason for this was that "at that time, it was
understood that the mortal remains of Rainer Ibsen Cárdenas were located in grave
number 7, [but that] due to the decision of those who were present at the excavation, and
with the acquiescence of Mr. Tito Ibsen (who did not object to the decision taken), the
graves were counted backwards. Therefore, it was not possible to identify the mortal
remains of [Mr. Ibsen Cardenas] from this first excavation[;] this occurs later on, when the
count to grave [number] 7 is inverted and the remains are exhumed [...].” The Court
considers that it is irrelevant whether Mr. Tito Ibsen Castro made no observations to the
manner in which the remains were to be exhumed. The Court notes that the exhumation
was conducted as part of the domestic criminal proceedings, and was therefore under the
102
Cf. Report of the Investigator Officer addressed to the Chief of the Homicides Division, on March 27,
2007 (case file of appendixes to the application, appendix 24, folios 2290 a 2291), and “Preliminary Report on
the Exhumation Works and Forensic Anthropology Analysis, in relation to the search and identification of the
remains of Rainer Ibsen Cárdenas,” submitted Silvana Turner and Mariana A. Segura to the Matters Attorney of
the Office of the Attorney General of the District of La Paz on March 23, 2007 (case file of appendixes to the
application, appendix 25, folios 2299 to 2300).
103
Cf. Brief of Rebeca Ibsen Castro addressed to the First Instance Judge of Warnes, on October 7, 2003
(Case file 37/2000, Volume 10, folios 5321 to 5322 and 14080 to 14082); Brief of Rebeca Ibsen Castro
addressed to the Seventh First Instance Civil and Commercial of La Paz, on October 20, 2006 (Case file
37/2000, Volume 21, folios 9094 to 9095), and brief of Tito Ibsen Castro addressed to the Matters Attorney of
the Office of the Attorney General of the District of La Paz, on January 25, 2007 (case file of appendixes to the
application, appendix 24, folios 2276 to 2278). See also, the briefs addressed to the Matters Attorney of the
Office of the Attorney General of the District of La Pazsubmitted by Tito Ibsen Castro, on December 13, 2006
and January 9, 2007 (case file of appendixes to the application, appendix 24, folios 2263 to 2264). Both
documents are apparently incomplete, nevertheless, the State did not challenge their authencity.
104
Cf. “Preliminary Report on the Exhumation Works and Forensic Anthropology Analysis, in relation to the
search and identification of the remains of Rainer Ibsen Cárdenas,” submitted by Silvana Turner and Mariana A.
Segura to the Matters Attorney of the Office of the Attorney General of the District of La Paz on March 23, 2007
(case file of appendixes to the application, appendix 25, folios 2299 to 2300 and 2302). See also, Report of the
Investigator Officer addressed to the Chief of the Homicides Division, on March 27, 2007 (case file of appendixes
to the application, appendix 24, folios 2290 to 2291).
105
Cf. Preliminary Report on the Exhumation Works and Forensic Anthropology Analysis, in relation to the
search and identification of the remains of Rainer Ibsen Cárdenas,” submitted by Silvana Turner and Mariana A.
Segura to the Matters Attorney of the Office of the Attorney General of the District of La Paz on March 23, 2007
(case file of appendixes to the application, appendix 25, folio 2300).
106
Cf. Final report of the Argentinian Team on Forensic Anthropology, “Anthropological report on remains
LP-A1,” of May 10, 2007 (case file of appendixes to the application, appendix 25, folios 2303 and 2309).
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