would be set for holding the “conclusive hearing” and to open the “oral, public and
adversarial proceedings in which the guilt and/or innocence of the accused w[ould] be
established.”
8.
The representatives indicated that “it has not been determined [what happened] as
regards the torture and ill-treatment [suffered by] Rainer Ibsen Cárdenas and José Luis
Ibsen Peña.” Regarding criminal case file 37/2000 analyzed in the Judgment (supra having
seen paragraph 1 and considering paragraph 5), they advised that “no international arrest
warrant has been issued” for Juan Antonio Elio Rivero. They also stated that Justo
Sarmiento Alanes was currently under house arrest, even though, according to the
representatives, a ruling on an application for constitutional amparo established that Mr.
Sarmiento Alanes “should be serving a prison sentence.”
9.
Regarding the proceedings initiated by the complaint filed by Tito Ibsen (supra
considering paragraphs 6 and 7), the representatives asserted, in a brief of November 14,
2011, that the competent authorities had not conducted investigations ex officio and that
the victims had not been informed of the proceedings. In addition, in a brief of March 13,
2013, the representatives indicated that, contrary to the information provided by the State,
these proceedings were only investigating the forced disappearance and murder of Rainer
Ibsen Cárdenas,” and not the facts that involved José Luis Ibsen Peña. Moreover, in briefs of
September 28, 2012, and March 13, 2013, the representatives asserted that “the due
notification of the formal charges had not been made” to Justo Sarmiento Alanes and Mario
Adett Zamora.
10.
The Commission “appreciate[d] the efforts deployed to apprehend one of those
convicted and await[ed] more detailed information on the others.” Also, with regard to the
ongoing investigations, the Commission indicated that it “hoped that […] the problems that
maintain impunity on several aspects of the case can be overcome; […] that the
investigations are conducted with the greatest speed and diligence, and that the State
continues to provide detailed information on any progress made.”
11.
From the information provided by the parties, the Court observes that, currently,
three people have been convicted in relation to the violations committed against Mr. Ibsen
Peña, and that another proceeding has been opened based on charges presented against
two individuals in order to clarify the facts of the case and to establish the corresponding
responsibilities.9 The Court appreciates the steps taken by the State in order to comply with
this measure of reparation. However, regarding criminal case file 37/2000 (supra
considering paragraphs 5 and 8), the Court requests that the State provide further
information concerning the actual situation of each of the individuals convicted, as well as a
copy of the pertinent documentation. In addition, it requests updated information on the
proceedings opened before the Fourth Criminal Trial Court of La Paz (supra considering
paragraphs 6, 7 and 9), and urges the State to make the corresponding notifications in
order to press ahead with the determination of the responsibility or innocence of the
accused.
9
Cf. Sentencing orders against Justo Sarmiento Alanes, Juan Antonio Elio Rivero and Oscar Menacho Vaca
of October 27, 2010 (file on monitoring compliance, tome I, folios 131 and 132), and Charges brought by the
Public Prosecution Service against Adett Zamora Claros and Justo Sarmiento Alanes on July 20, 2012 (file on
monitoring compliance, tome II, folio 1060).
5