16
the whereabouts of them, without obtaining any answer. Thanks to the information
provided by a social worker, the next-of-kin heard that Hugo Ticona was badly
injured and that state agents transferred him to the clinic URME in a deplorable
physical condition, as a consequence of the torture he had suffered. Afterwards, he
was taken to the military hospital of COSSMIL in the city of La Paz, where he was
held incomunicado for two weeks. He was then transferred to the DOP of La Paz until
September 12, 1980 when he saw his parents one more time and then, they took
him to Conija, Department of Pando, where he spent the night. Finally, he was then
transferred to Puerto Cavinas, Department of Beni, where he was imprisoned in a
barracks with the possibility of getting out once a week under supervision, until
November 4, 1980, date on which he was released.
53.
More than 28 years have passed since Renato Ticona is disappeared, and his
whereabouts or the location of his remains is still unknown.32
B)
Details regarding Articles 3, 4, 5 and 7 of the American Convention, in
relation to Article 1(1) therein and Articles I and XI of the IACFDP.
54.
The Court has indicated that for the analysis of an alleged forced
disappearance, the continuous and multiple-offense nature of the disappearance
itself should be taken into account,33 which are reflected in the IACFDP that provides
that “ forced disappearance is considered to be the act of depriving a person or
persons of his or their freedom, in whatever way, perpetrated by agents of the state
or by persons or groups of persons acting with the authorization, support, or
acquiescence of the state, followed by an absence of information or a refusal to
acknowledge that deprivation of freedom or to give information on the whereabouts
of that person, thereby impeding his or her recourse to the applicable legal remedies
and procedural guarantees [;] This offense shall be deemed continuous or
permanent as long as the fate or whereabouts of the victim has not been
determined”.
55.
Furthermore, the Court has noted that other international treaties34 consider
that the following cumulative and concurring elements constitute forced
disappearance: a) the deprivation of liberty against the will of the person concerned;
b) involvement of governmental officials, at least directly or by acquiescence, and c)
refusal to disclose the fate and whereabouts of the person concerned.35
56.
The Tribunal has observed that “the forced disappearance constitutes a
violation of different legal interests that continues in time depending on the
perpetrators’ will who, by refusing to offer information on the victim's whereabouts,
interviewed by the press; on such occasions, they denounced the lack of answer from the State regarding
the forced disappearance of their son.
32
Cf. Judgment of January 8, 2008 delivered by the Third Magistrate’s Court on Criminal Matters
for the Judicial District of La Paz (Appendices to the response to the petition, Appendix 3, Volume 12, p.
4716 to 4737).
33
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Preliminary Objections. Judgment of
November 23, 2004. Series C Nº. 118, para. 100; and Case of Heliodoro Portugal v. Panamá, supra note
13, para. 112.
34
Cf. United Nations Economic and Social Council, Report of the Working Group on Enforced or
Involuntary Disappearances, General Observations to Article 4 of the Declaration on the Protection of all
Persons from Enforced Disappearance, of January 15, 1996 4/1996/38), para. 55 and International
Convention for the Protection of all Persons against Enforced Disappearances. United Nations. Art.2.
35
Cf. Case of Gómez Palomino v. Perú. Merits, reparations, and costs. Judgment of November 22,
2005. Series C Nº. 136, para. 97; and Case of Heliodoro Portugal v. Panamá, supra note 13, para. 110.