ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS* OF MAY 14, 2013 CASE OF IBSEN CÁRDENAS AND IBSEN PEÑA v. BOLIVIA MONITORING COMPLIANCE WITH JUDGMENT HAVING SEEN: 1. The Judgment on merits, reparations and costs (hereinafter “the Judgment”) delivered by the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”) on September 1, 2010, in which it declared the international responsibility of the Plurinational State of Bolivia (hereinafter “the State” or “Bolivia”) for the forced disappearance of José Luis Ibsen Peña and of his son, Rainer Ibsen Cárdenas, as well as for the absence of a serious and diligent investigation of the facts. In the Judgment, the Court established the violation, to the detriment of Messrs. Ibsen Peña and Ibsen Cárdenas, of Articles 3, 4(1), 5(1), 5(2) and 7(1) of the American Convention on Human Rights (hereinafter, “the American Convention” or “the Convention”), based on the failure to comply with the obligation to respect and ensure the said rights established in Article 1(1) of this instrument, all of them in relation to the obligations established in Articles I(a) and XI of the Inter-American Convention on Forced Disappearance of Persons (hereinafter, “the Convention on Forced Disappearance”). In addition, the Court declared that the State had violated Articles 5(1) and 5(2) of the American Convention, in relation to Article 1(1) of this instrument, to the detriment of Martha Castro Mendoza and of Rebeca, Tito and Raquel, all with the surnames Ibsen Castro. Lastly, the Court established that Bolivia had violated Articles 8(1) and 25(1) of the American Convention, in relation to Articles 1(1) and 2 thereof, to the detriment of the said next of kin of Messrs. Ibsen Peña and Ibsen Cárdenas, and had failed to comply with the obligation embodied in Article I(b) of the Convention on Forced Disappearance.1 In the Judgment, the Court decided that:                                                              * Judge Eduardo Vio Grossi advised the Court that, for reasons beyond his control, he would be unable to attend the deliberation and signature of this Order. 1 Rainer Ibsen Cárdenas was detained in Santa Cruz in 1971. He was deprived of his liberty for approximately nine months and, in 1972, was extrajudicially executed. In 2008, DNA testing proved that human remains found in the General Cemetery of La Paz corresponded to Rainer Ibsen, so that, since that time, his whereabouts have been known definitively. José Luis Ibsen Peña was detained by the State’s security agents without being shown any arrest warrant in 1973. Subsequently, his next of kin were informed by the State authorities that the victim had been “exiled to Brazil” and, since then, they have no information on his whereabouts. The official summary [in Spanish] of the Judgment delivered by the Court is available at: http://www.corteidh.or.cr/docs/Casos/articulos/resumen_217_esp.pdf.

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