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OEA/Ser.L/V/II.54 ANNUAL
REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
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RESOLUTION 28/81 Case 7472 (BOLIVIA) June 25, 1981 BACKGROUND:
1. In a
communication of August 14, 1980, the Inter-American Commission on Human
Rights received a report on the arbitrary detention and torture of Father
Julio Tumuri Javier, a 70-year-old Bolivian priest and President of the
Permanent Assembly on Human Rights. 2. In a note of
August 15, 1980, the Commission transmitted to the Government of Bolivia
the pertinent parts of the denunciation and requested relevant information
on it, along with any evidence that would enable the IACHR to determine
whether all remedies of domestic law had been exhausted in this case. 3. Later, the
Commission was informed that Father Julio Tumuri Javier was confined in a
specifies geographic region of the country and was in a precarious state
of health. 4. When the
Commission received no reply from the Bolivian Government to its note of
August 15, 1980, it reiterated its request for information in a
communication of December 16, 1980, and announced the possible application
of Article 39 of its Regulations concerning the presumption that the facts
of the case were true. 5. In May 1981,
the Commission received testimony from one of the witnesses of Father
Tumuri's arrest. The report of these events was transmitted as additional
information to the Bolivian Government in a note of May 19, 1981, and it
was requested to submit its comments thereon. To date, the Government has
not replied. WHEREAS:
1. Article 39 of
the Commission's Regulations establishes as follows: The
facts reported in the petition whose pertinent parts have been transmitted
to the government of the state in reference shall be presumed to be true
if, during the maximum period set by the Commission under the provisions
of Article 31 paragraph 5, the government has not provided the pertinent
information, as long as other evidence does not lead to a different
conclusion. 2. To date, the
Bolivian Government has not replied to the Commission's notes of August 15
and December 16, 1980, and May 19, 1981. THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLVES:
1. In application
of Article 39 of its Regulations, to presume to be true the events
reported in the communication of August 15, 1980, regarding the arbitrary
detention, illegal torture and confinement of Father Julio Tumuri. 2. To draw to the
attention of the Government of Bolivia that such acts constitute serious
violations of the right to personal security (Article V); to the right of
personal liberty (Article VII); and to the right to freedom of movement
and residence (Article XXII) of the American Convention on Human Rights. 3. To recommend
that the Government of Bolivia: a) immediately release Father Julio Tumuri;
b) order a complete, impartial investigation to determine responsibility
for the acts reported and punish those responsible for such acts to the
full extent of the law; and c) report to Commission within 90 days on the
measures taken to implement the above recommendations. 4. To communicate
this resolution to the Government of Bolivia in light of Article 44 of the
Commission's Regulations, for appropriate action. 5. At the expiration of the deadline set in subparagraph 3 of this resolution, the Commission will, pursuant to Article 45 of its Regulations, and taking into account the measures taken by the Government, decide under the terms of that article whether to publish this resolution.
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