10
obligation established in the Court’s judgment” (supra Having Seen 3(a) and
3(d)); and
h)
concerning reimbursement of costs and expenses, “the State has
partially complied with this measure of reparation ordered by the Court; it has
not yet paid the costs and expenses owed to CEJIL”. “[O]n May 19, 2004, [...
an] attorney from CEJIL delivered to the Deputy Minister of Justice the
documents verifying the organization’s legal personality [...] and the power of
attorney that the Executive Director [...] had given her authorizing her to
receive the payment ordered by the Court [...].
Subsequently, by
communication MP-VMJ No. 545/04 dated May 24, 2004, Bolivia informed
CEJIL […] that the [aforementioned attorney’s] credentials were not sufficient
to discharge the obligation in question until such time as the pertinent legal
procedures are followed”, in accordance with the law on the foreign service
and consular regulations. The representatives are of the view that this
obligation can be acquitted by handing over a check made out to the
institution’s name, “which can be done through the embassies of Bolivia in
either the United States or Costa Rica,” “without the formalities that the
Bolivian State is demanding.”
17.
The November 9, 2004 brief and its attachment, where the Inter-American
Commission submitted its comments on the State’s report of August 23, 2004, and
the State’s brief of June 3, 2004, and its two briefs of September 17, 2004 (supra
Having Seen 4, 10, 11, 12, 13 and 15). The Commission wrote the following:
a)
with regard to compliance with the State’s obligation to use every
means necessary to locate the victim’s mortal remains and deliver them to his
next of kin, the State “did not report –as the Court had requested- on the
concrete measures taken to locate Mr. Trujillo Oroza’s mortal remains.” The
creation of the Inter-institutional Council is an important step in the general
picture, but its activities will only be instrumental in locating the victim’s
mortal remains if such a Council actually engages in concrete measures.
“Therefore, the main information that the State must provide must focus on
the measures that the Bolivian Attorney General’s Office is taking. [... The
Bolivian State must show that its government –the cabinet ministries, the
judiciary and the public ministry- are taking concrete measures to locate the
remains of Mr. Trujillo Oroza”;
b)
concerning the criminalization of forced disappearance, the
Commission felt it was “significant that the Bolivian State should send a copy
of a bill now pending before Congress, describe where it is in the legislative
process and the amendments or changes that might be made to the original
version of the bill that it sent to the Court.” The State must comply with this
measure within a “reasonable period”. The Commission asked that the Court
call upon the State to present specific information taking it “step by step
through the process that a bill for a new criminal law of this type must
undergo in Bolivia” and on “the time that each stage in that process usually
takes”;
c)
concerning the investigation, identification and punishment of those
responsible for the wrongful acts to which this case refers, the Commission
noted that the representatives had expressed concern over the constant
turnover in judges and had indicated how gratified they were that a
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