8
14.
The brief of October 15, 2004, wherein the representatives requested an
extension to submit their comments on the State’s August 23, 2004 report, and on
the June 3, 2004 briefs and the two briefs the State submitted on September 17,
2004 (supra Having Seen 4, 10, 11, 12 and 13).
15.
The October 20, 2004 note where, following the President’s instructions, the
Secretariat informed the representatives that the requested extension had been
granted; the new deadline was to be October 25, 2004. The Secretariat also
extended the deadline for the Commission to submit its comments; the new deadline
was November 9, 2004 (supra Having Seen 13 and 14).
16.
The November 2, 2004 brief and its attachments, wherein the
representatives sent their comments on the State’s August 23, 2004 report, its brief
of June 3, 2004, and its two briefs of September 17, 2004 (supra Having Seen 4, 10,
11, 12, 13 and 15). In those comments they stated the following:
a)
concerning compliance with the obligation to locate the victim’s mortal
remains and deliver them to his next of kin, the creation of the InterInstitutional Council to Solve Forced Disappearances “is not only important
but also necessary for truth and justice for Bolivia; however, this measure
alone will not suffice to discover José Carlos Trujillo’s mortal remains and
deliver them to his next of kin […, therefore] the State must also take
concrete measures, such as exhumations in places where the body [of the
victim] might have been thrown. To do this, such sites must first be located
through investigation and inquiry.”
Also, the Council does not have
resources, a work program, an investigative team, or a timetable for
exhumations. In other words, thus far no measure has been taken for the
general purpose of discovering or finding the remains of disappeared persons;
also no concrete steps have been taken to locate the whereabouts of José
Carlos Trujillo”;
b)
concerning the criminalization of forced disappearance in the Bolivian
legal system, the representatives applaud the “effort that the Chief Executive
is making to comply with this point in the Judgment. [...] This measure of
reparation shall be considered to have been discharged once the law enters
into force, which must happen within a reasonable period of time”;
c)
concerning the obligation to investigate, identify and punish those
responsible for the wrongful acts to which this case refers, they stated that
“they are pleased with the disciplinary investigation of the thirty-eight judicial
officials from Santa Cruz [...I]t is their understanding that the disciplinary
investigations mean that the self-disqualifications by officers of the court
refusing to take up the case are not being accepted; these selfdisqualifications have delayed the already belated criminal prosecution of
those responsible for these offenses. [...Furthermore], the constant turnover
of judges presiding over this case in the domestic courts has made the
proceedings unsteady and left the victim’s next of kin with a sense of
uncertainty.” They also expressed concern over the fact that no “special
prosecutor was assigned to the case; […] at the present time the prosecutor
assigned to the case is the same one assigned to all the cases being heard in
that court […,] which prevents her from devoting special attention to the
case.” And while they regard the indictment issued on June 7, 2004 for the
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