4
5.
On June 14, 1994, Bolivia replied to the Commission’s request, stating that it
acknowledged its “responsibility for the facts denounced.”
6.
On September 5, 1994, in a letter to the Commission, the State
acknowledged the facts denounced and described the investigations conducted and
the steps taken with regard to the disappearance of Mr. Trujillo Oroza, which had
occurred on February 2, 1972.
7.
On October 13, 1994, pursuant to Article 48.f of the Convention, the InterAmerican Commission placed itself at the disposal of the parties in order to reach a
friendly settlement; however, “after a long process of meetings and hearings before
the Commission, the parties did not reach an agreement.”
8.
On October 24, 1997, Bolivia submitted a communication to the Commission
in which it summarized the statement of Edgar Montaño, Deputy Minister of Human
Rights, who represented Bolivia in a hearing before the Commission on October 10,
1997, and who once again acknowledged the State’s responsibility for the
disappearance of the victim. However, in the same communication, the State
indicated that the proceeding before the Commission “ha[d] not strictly adhered to
the terms of the American Convention” and that the petitioner had violated Article 46
of this Convention by not exhausting domestic remedies, since no legal action had
been initiated or concluded in Bolivia seeking punishment of the guilty parties or
compensation for the alleged moral damages. Furthermore, it argued that Bolivia
has experienced a continuous democratic process since 1982 and that due legal
process existed under its domestic legislation for protection of the rights that had
been violated; it also called attention to the fact that “only twenty years after the
disappearance of the said person a complaint had been brought before the
Commission.”
9.
On February 25, 1998, the State offered compensation of US$40,000 (forty
thousand United States dollars) to the victim’s mother, in a hearing before the
Commission. However, Bolivia stated that there would be certain difficulties in
initiating the corresponding investigation by the Office of the Prosecutor and
suggested that it should be the victim’s mother who initiated this before the Public
Ministry. It indicated that the case was barred by the statute of limitations and that
the victim’s mother had never filed a complaint before the corresponding judicial
organs, not even after 1982, when the country returned to the democratic system.
It added that it would be difficult and expensive to recover the victim’s remains.
10.
On August 19, 1998, the Commission informed Bolivia that, pursuant to
Article 45.7 of its Regulations, it declared that its role as organ of conciliation for a
friendly settlement in the instant case had terminated.
11.
On March 2, 1999, during its 102nd Regular Session, the Commission held a
public hearing with the parties in this case. During this hearing, the State presented
to the Commission a copy of the communication of January 8, 1999, addressed by
Mary Severich Siles, District Public Defense Coordinator of Santa Cruz to the District
Prosecutor of that city, in which she requested the Office of the Prosecutor to order
“the Judicial Police to commence proceedings in relation to the disappearance of José
Carlos Trujillo Oroza.”
12.
On March 2 and 5, 1999, Bolivia submitted additional information regarding
the “steps taken to date, since the complaint was filed on January 9, 1999, together