Pizarro Solano.57 According to the last information provided by the State, the judgment of the Second Court was
enforced.58
54.
The Commission notes that in a report prepared by the Higher District Court in La Paz a series
of "difficulties" had been identified with respect to the criminal proceedings referred to in this section,
including: i) they were being conducted based on the previous code of criminal procedure using a "quasiinquisitorial system"; ii) the complexity of the case file due to its sheer "volume"; iii) reiterative use of evidence
for and against and other motions solely designed to delay the case and avoid pronouncement of judgment";
iv) the "excessive use of defense tactics by the accused, who filed a series of incidental pleas, prior objections
of a lack of legal characterization, prior ruling requirements, prescription of the suit [...]"; v) "the absence of
domiciles in respect of several of the accused"; vi) that "all parties involved had been allowed to offer and
process evidence"; vi) failure of the accused or of their attorneys to attend proceedings, and so on.59
55.
In communications during 2010 and2011, the Bolivian State reported that on July 17, 2009
the Public Prosecutors' Office had initiated new criminal proceedings (No. 6441/09) in respect of the crime of
forced disappearance of Juan Carlos Flores Bedregal et al., based on the new legal and constitutional framework
in force. The State reported that a "Special Commission of Public Prosecutors" had been formed to direct the
investigation and that CIEDEF had also been keeping track of the proceedings. 60 . In subsequent
communications in 2015, the State pointed out that the purpose of those proceedings was to advance the search
for the remains of the alleged victim and other persons.61 The Commission has no documentary evidence with
which to ascertain the existence, progress, and current status of these proceedings.
Appendix 37. Arrest warrants issued by the Second Criminal Enforcement Court of La Paz on November 27, 2013. Attached to the State’s
communication of January 10, 2014. The case file likewise contains a report issued by the National Police in 2014 stating that there was no
information regarding Franz Pizarro Solano; José Luis Ormachea España “is registered as having died”; and Felipe Froilán Molina
Bustamante could not be found at the address on record. See: Appendix. Report No. 04/2014. National Police. Secretariat of the Department
of Criminal Analysis and Intelligence, February 3, 2014. Attached to the State’s communication of March 5, 2014.
58 State’s communication of January 26, 2017.
59 Appendix 8. Report of the Higher District Court of La Paz in the judicial proceedings entitled Public Prosecutor's Office (Ministerio
Público) versus Franz Pizarro et al., p. 2. Appendix 1 to the State’s communication of October 31, 2008. The file with the IACHR contains
communications from family members of Juan Carlos Flores Bedregal and from organizations requesting that the criminal proceedings be
expedited. See, inter alia: Appendix 39. Communication addressed to the President of the Higher District Court in La Paz entitled
"expediting the trial of the oppressors for the death and disappearance of Juan Carlos Flores Bedregal and Marcelo Quiroga Santa Cruz”, by
the Permanent Assembly for Human Rights, dated May 2, 2008. Attached to the State’s communication of October 31, 2008.
60 See, inter alia: State’s communication of December 6, 2011.
61 State’s communication of June 29, 2015.
57
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