33
of the mentioned legal proceedings (infra paras. 137 to 150). It is as from the issuance of
this report that the whereabouts of Mr. Rainer Ibsen Cardenas were finally established.
*
*
*
93. The Tribunal shall analyze the Commission's arguments as to Ibsen Cardenas’ alleged
forced disappearance until the date on which his remains were identified, when the alleged
violation would have ceased.
94. The Court has verified that Mr. Rainer Ibsen Cardenas was arrested and later finally
transferred to the detention center of Achocalla, in the city of La Paz. He was deprived of
liberty for approximately nine months after which he was deprived of life as a result of
several gunshot wounds to the head,112 all this while in the custody of the State. From the
pattern of violations committed during that time, the context of which was expressly
acknowledged by the State, it is possible to sustain that the arrest and subsequent
disappearance of Mr. Ibsen Cárdenas was not only contrary to the right to personal liberty,
but also put him in a grave situation of risk of suffering irreparable damage to his personal
integrity.113 The determination of the specific parties who made the arrest, of what
happened to him during the time he was deprived of liberty, and of the circumstances
surrounding his death have still not been judicially determined (infra paras. 161, 174, 211,
225 and 226). The Court emphasizes that the alleged death certificate issued in 1972
indicated that Mr. Ibsen Cárdenas had died due to “internal hemorrhage caused by a
bullet” (supra para. 86), while the certificate issued in 2008 based on the genetic and
anthropological examinations indicated that he died as a result of a “cranio-encephalic
trauma” and “multiple traumas” (supra para. 91).
95. In this regard, the Tribunal has established that subjecting detainees to official
repressive bodies, state agents, or individuals that act with its acquiescence or tolerance
that practice torture and murder with impunity is, in itself, an infringement to the duty to
prevent violations to the rights to personally integrity and life, even when the acts of
torture or deprivation of life of the person cannot be proven in the specific case.114 The
State is in a special position of guarantor with respect to persons deprived of their liberty
due to the fact that State authorities exercise total control over them.115 In addition, this
Court has sustained that forced disappearance violates the right to humane treatment
[personal integrity] because “[t]he mere existence of prolonged isolation and coercive
solitary confinement is cruel and inhuman treatment [...] in contravention of paragraphs 1
and 2 [of Article 5 of the Convention].”116
112
Cf. “Final Report on the Works of Exhumation and Anthropological Analysis of the Buried Remains in the
ASOFAMD Cemetery, Sector B, General Cemetery of La Paz” (Case file 37/2000, Volume 25, folios 10173 to
10174 and 18974 to 18975).
113
Cf. Case of Radilla Pacheco v. Mexico, supra note 8, para. 152.
114
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 14, para. 175; Case of Radilla Pacheco
v. Mexico, supra note 8, para. 153, and Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 95.
115
Cf. Case of Neira-Alegría et al. v. Peru. Merits. Judgment of January 19, 1995. Series C No. 20, para.
60; Case of the Miguel Castro-Castro Prison v. Peru. Merits, Reparations and Costs. Judgment of November 25,
2006. Series C No. 160. para. 221, and Case of Yvon Neptune v. Haití. Merits, Reparations and Costs. Judgment
of May 6, 2008 Series C No. 180. para. 130.
116
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 14, para. 187; Case of Radilla Pacheco
v. Mexico, supra note 8, para. 153, and Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 94.
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