65 effects of the provisions of the Convention are not affected by the application of laws contrary to its object and purpose, and that they do not lack legal effects from their creation. In other words, the Judiciary shall exercise a “control of conventionality” ex officio between domestic regulations and the American Convention, evidently under the framework of its respective competences and the corresponding procedural regulations. Within this task, the Judiciary shall take into consideration not only the treaty but also the interpretation the Inter-American Court, final interpreter of the American Convention, has made of it.240 203. In the instant case, the Court notes that by means of the lower court judgment delivered by the Seventh Civil and Commercial First Instance Court of Santa Cruz on December 6, 2008 (supra para. 148) some of the accused were sentenced to two years and eight months in prison and a fine equivalent to 100 days for the crime of aggravated unlawful deprivation of liberty against José Luis Ibsen Peña, among other; one of the accused was sentenced to imprisonment, as an accomplice in the crime of unlawful deprivation of liberty of José Luis Ibsen Peña; an accused was acquitted of the crime of unlawful deprivation of liberty on the grounds of incomplete evidence, and all the accused were acquitted of the crimes of degrading treatment and torture, criminal association, criminal organization, murder and concealment, because “the fact object of the accusation d[id] not constitute a crime pursuant to the statute of limitations of the action, provided for by Article 29 of Law 1970, and because of the principle prohibiting retroactive application of the law.” Regarding Rainer Ibsen Cárdenas, the judgment indicates that “the night of June 19, 1972, the commission of the crime of deprivation of liberty in relation to this citizen ceased, […] or when it was announced the place where his mortal remains were located, that is, on February 19, 1983; therefore, there is no doubt about the extinguishment of the action in relation to the time elapsed since the public identification of the place where his remains were located, in the city of La Paz on February 19, 1983 and the filing of the first complaint or legal action on January 11, 1999, given that more than fifteen years have elapsed.”241 204. On the other hand, the Tribunal emphasizes that in the appeal judgment to the previous ruling, of September 28, 2009, the First Civil Chamber of the Superior District Court of Justice of Santa Cruz considered that given that the proceeding was initiated in 1999, it was not appropriate to classify the crime as forced disappearance of persons, “since the law [is] not retroactive,” and said crime was classified by means of its incorporation into the “Criminal Code in force by Law 3326 of […] January 18, 2006; thereby complying with the requirements of the judgment delivered by the Inter-American Court […].” In said decision of the Civil Chamber, it was also mentioned that the proceeding “deals with complaints about crimes of deprivation of liberty, degrading treatment and torture, criminal organization, murder and concealment[,] and complicity […].”242 As a result, said Chamber upheld the decision by which the dismissed criminal action was declared as time barred regarding the crimes of degrading treatment and tortures, criminal association, criminal organization, murder and concealment, and the 240 Cf. Case of Almonacid Arellano et al. v. Chile, supra note 200, para. 124; Case of Boyce et al v.. Barbados. Preliminary objection, Merits, Reparations and Costs. Judgment of November 20, 2007. Series C No. 169, para. 78, and Case of Radilla Pacheco v. Mexico, supra note 8, para. 339. 241 Cf. Judgment of the Seventh First Instance Civil and Commercial Court of Santa Cruz of December 6, 2008 (Case file 37/2000, Volume 27, folios 10695 to 10755 and 19507 to 19567). 242 Cf. Decision of the First Civil Chamber of the Superior Court of District of Santa Cruz of September 2008, 2009 (case file of appendixes to the answer to the application, anexo 15, folio 11338).

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