5
with a list of those sentenced for human rights violations who are currently serving
their sentences in the Republic of Bolivia.”
13.
As may be seen from the Inter-American Commission’s application before the
Court, among other elements that the Commission took into consideration when
processing the case are the following two documents from the State:
a.
a communication of June 9, 1994, in which the National Secretary of
the Internal Regime and Police informed the Minister of Justice that “names of
persons allegedly linked to the matter are mentioned and, consequently, it
has been deemed appropriate to instruct the National Police and the Judicial
Technical Police to continue investigations until they are concluded;” and
b.
a communication of December 16, 1996, addressed by the Ministry for
Foreign Affairs to Gladys Oroza de Solón Romero, the victim’s mother, in
which the State made a formal, express acknowledgement of the detention,
torture and forced disappearance of the victim. Furthermore, it referred to
the authors of the facts denounced by recognizing that “the alleged
masterminds and perpetrators worked as civilian agents of the agencies of
repression of that government and, under international legislation recognized
by the Republic of Bolivia, this entails the responsibility of the Bolivian State.”
14.
On March 9, 1999, during its 102nd Regular Session, the Commission
approved Report No. 26/99 based on Article 50 of the Convention; this was
forwarded to the State on the same day.
In this Report, the Commission
recommended:
1.
that a complete, impartial and effective investigation be conducted in order to
identify, criminally prosecute and punish the State agents responsible for the detention
and subsequent forced disappearance of José Carlos Trujillo Oroza, facts that occurred
as of December 23, 1971, in Santa Cruz, Bolivia.
2.
that an exhaustive investigation be carried out in order to locate, identify and
deliver the remains of José Carlos Trujillo Oroza to his next of kin. To this end, it would
be opportune for the State to contract the services of experts in forensic medicine, since
the technical knowledge and experience of such professionals could facilitate this
procedure.
3.
that urgent measures be adopted in order to prepare a draft law that classifies
the forced disappearance of persons as a crime and incorporate it into the Bolivian
Criminal Code.
4.
that the Inter-American Convention on Forced Disappearance of Persons, an
international instrument that was signed by the Bolivian State on September 14, 1994,
be ratified.
6.
that the necessary measures be adopted so that the next of kin of the victim
receive an adequate and timely reparation that signifies full satisfaction for the human
rights violations established herein, and also payment of fair compensation for
patrimonial and extra-patrimonial damages, including moral damages.
Furthermore, the Commission agreed:
to transmit this report to the State of Bolivia and grant it a period of two months to
comply with its recommendations. This period will be calculated from the date the
report is transmitted to the State, which shall not be authorized to publish it. Likewise,