3. Regarding the declassification of and access to information contained in military archives 56. It transpires from the case file that family members of Juan Carlos Flores Bedregal repeatedly asked the judicial authorities in charge of the criminal proceedings entitled "Public Prosecutors' Office v. Franz Pizarro et al." for the declassification of and access to information contained in military archives that could establish the victim's whereabouts, as well as the circumstance and persons responsible for his forced disappearance. Given the failure to comply with requests for access to information ordered by the criminal justice authorities, the family members of the victim requested the Ministry of Defense directly for access to the military archives. In addition to taking legal steps, the family members of the victims took part in several protests, including hunger strikes, to demand access to that information.62. Following is a chronological list of the procedures undertaken: 57. On August 28, 2006, in connection with the criminal proceedings entitled "Public Prosecutors' Office v. Franz Pizarro et al.", the Flores Bedregal family asked the Judge of the Second Criminal Settlement Enforcement Court for the declassification and disclosure of documents contained in the Armed Forces archives for 1980.63 The petitioners allege -- and the State did not deny -- that the Court never responded to that request. In 2008, during the appeals phase, the plaintiffs again requested declassification of, and access to, the military archives. In July 2008, the Higher District Court in La Paz issued judicial order No. 496/2008, ordering the Armed Forces General Staff to declassify the documents contained in its archives from 1979 to 1980 and to remit "certified copies of all people entering or leaving the offices of the Army General Staff between July 10 and 20, 1980."64 The Higher Court handed down its judgment on August 22, 2008,65 and the Armed Forces never complied with the order to declassify and provide access to the archives.66 58. Given the failure to comply with the court orders, on May 28, 2009, family members of the victim asked the Armed Forces directly for access to the archives, public records, and documents in the Armed Forces' possession that had a bearing on the disappearance of Juan Carlos Flores Bedregal.67 The request was based on Resolution No. 316/09 issued by the Ministry of Defense on May 19, 2009 in response to demands by family members of victims of serious human rights violations in Bolivia to have access to the military archives corresponding to periods of dictatorship. The resolution "authorizes the Commander in Chief of the Armed Forces to facilitate access by family members and victims of military dictatorship regimes to archives, public records, and documents of the Armed Forces when they so request and demonstrate a legitimate interest (Article 1)."68 59. On June 5, 2009, the Armed Forces replied to the request, indicating that applicants had to meet the following requirements: "1. Demonstrate legitimate interest in the information requested; 2. specify dates and details of the information requested; 3. ways to ensure that the information provided will be kept Appendix 40. Photograph and caption included in the following articles in the press: www.laprensa.com.bo. El País. February 26, 2010, showing Olga Flores Bedregal and Marta Montiel in a tent on the street next to a poster calling for "Declassification of Military Archives"; www.la-razon.com. A10. February 27, 2010, showing two people with a cape marked "Truth and Justice NOW!" The caption reads: "From behind, Olga Flores and Martha (sic) Montiel, family members of disappeared persons demand that the Armed Forces tell them the truth." Attached to the State’s communication of March 15, 2010, received by the IACHR on April 6, 2010. 63 Appendix 41. Communication signed by attorney Eulogia Pantoja Vacaflor and bearing a stamp indicating receipt by the Second Criminal Settlement Enforcement Court on August 28, 2006. 64 Appendix 42. Third Criminal Division, Higher Court of Justice. Resolution No. 496/2008 of July 2008. Attached to the State's communication of October 21, 2008, received by the IACHR on October 22, 2008. 65 Appendix 43. Order of the Judge of the Third Criminal Division of the Higher District Court in La Paz, September 2008. Attached to the State’s communication, received by the IACHR on October 22, 2008. 66 Appendix 44. Supreme Court decision No. 125/09, handed down by the First Criminal Division of the Supreme Court of Justice on April 1, 2010, file No. 136/09, last paragraph on p.2 and first line on page 3. Attached to the State’s communication of June 22, 2010, received by the IACHR on July 8, 2010. Written communication of September 11, 2008, LEGAL ADVISOR, Official letter No.341/08, signed by Air Force General Luis Trigo Antelo, Commander in Chief of the Armed Forces, attached to the State's communication received by the IACHR on October 22, 2008. Brief signed by attorney Alfonso Dorado and Olga Flores Bedregal (civil party claimant), stamped as received by the Higher Court of Justice. Third Criminal Division, September 10, 2008. Capital letters used in the original. Attached to the State’s communication of October 21, 2008, received by the IACHR on October 22, 2008. 67 Appendix 45. Official letter addressed to the Commander in Chief of the Armed Forces of the State, with a stamp indicating receipt on June 1, 2009. Attached to the State’s communication of June 22, 2010, received by the IACHR on July 8, 2010. 68 Appendix 46. Ministerial Resolution No. 316, issued by the Ministry of Defense on May 19, 2009. Attached to the State’s communication of July 13, 2009, received by the IACHR on July 27, 2009. 62 15

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