74
234. The representatives asked the Court to order the State to investigate what
happened to Rainer Ibsen Cárdenas and to José Luis Ibsen Peña, as well as to punish “the
intellectual actors and the perpetrators” and “those responsible for the delay in and
obstruction of justice that occurred in the case […].” In addition, they asked the Court to
order the State “to publish and to disseminate” in “different media the results of the
domestic proceedings.”
235. For its part, the State indicated that the Ministry of Foreign Affairs “made an
observation to the Supreme Court of Justice concerning the international parameters of
International Human Rights Law that should be taken into account” when deciding appeals
and annulment filed against the decision in Cour Order No. 466/2009, which partially
confirmed the adverse ruling of the Seventh First Instance Civil and Commercial Court of
Santa Cruz of December 6, 2008. In addition, the State indicated that, within the criminal
proceedings underway in the city of Sucre, “it has been ordered[,] by means of a
procedural decision of April 6, 2010, that the criminal proceedings […] be given priority[…]”
because of the violations to the rights of the victims; and that on May 18, 2010, the
Appeals Prosecutor asked the Second Criminal Chamber of the Supreme Court of Justice to
give priority to the said criminal proceeding.
236. In Chapter VII of this judgment, the Court established, inter alia, the State’s delay
in opening the investigation into the facts of this case; the absence of an investigation into
what happened to Rainer Ibsen Cárdenas; the transfer of the burden of proof to the
complainants in the criminal proceeding for the acts perpetrated against José Luis Ibsen
Peña, and the impunity of the acts of torture and inhumane treatment committed against
the latter and the murder of Mr. Rainer Ibsen Cárdenas (supra paras. 160 to 163, 169 to
174 and 208 to 212). The foregoing has led to the ineffectiveness of the investigations and
proceeding to clarify the facts in this case, and to prosecute and, as appropriate, to punish
all those responsible, within a reasonable time, consequently examining completely and
thoroughly the many damages caused to the victims.263
237. Taking into account the foregoing, as well as this Court’s jurisprudence,264 the Court
orders that the State must continue to search the whereabouts of Mr. José Luis Ibsen
Peña; which entails the prompt performance of the necessary analyses to determine or rule
out that the remains found in La Cuchilla (supra para. 111) correspond to him. In addition,
the State must remove all factual or legal obstacles that maintain impunity in this case,265
and initiate the necessary investigations to identify all those responsible for the detention
and disappearance of Mr. Ibsen Peña. Furthermore, the State must open the pertinent
investigation to determine what happened to Rainer Ibsen Cárdenas, and to effectively
apply the penalties and consequences established by law. The State must direct and
conclude the pertinent investigations and proceedings within a reasonable time, in order to
establish the whole truth about the facts. In particular, the State must:
(a) Initiate the pertinent investigations in relation to the facts that occurred
to Mr. Ibsen Cárdenas and Mr. Ibsen Peña, taking into account the systematic
263
Cf. Case of the “Las Dos Erres” Massacre v. Guatemala, supra note 7, para. 231, and Case of Chitay
Nech et al. v. Guatemala, supra note 6, para. 232.
264
Cf. Case of Baldeón-García v. Peru. Merits, Reparations and Costs. Judgment of April 6, 2006. Series C
No. 147, para. 199; Case of Radilla Pacheco v. Mexico, supra note 8, para. 336, and Case of Chitay Nech et al.
v. Guatemala, supra note 6, para. 240.
265
Cf. Case of Myrna Mack Chang v. Guatemala, supra note 6, para. 277; Case of Chitay Nech et al. v.
Guatemala, supra note 6, para. 235, and Case of Manuel Cepeda Vargas v. Colombia, supra note 6, para. 216.
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