RESOLUTION Nš 29/82
March 8, 1982
1. In a
communication dated August 14, 1980, the Inter-American Commission on
Human Rights was informed of the arbitrary detention and torture of Mr.
Flaviano Unzueta, a Cochabamba attorney, on July 18, 1980.
2. In a note dated August 19, 1980, the Commission transmitted the pertinent parts of the denunciation to the Government of Bolivia, asking it to provide any information it considered pertinent, as well as any terms of reference that would make it possible to decide whether remedies under domestic law had been exhausted in the case in reference.
3. Not having
received a response from the Bolivian Government, the Commission, in a
note dated December 16, 1980, repeated its request for information and
mentioned the possible application of Article 39 of the Regulations
concerning presumption of the truth of the facts. Despite this, to date
the IACHR has not received a response from the Bolivian Government.
4. The Commission
has received reports confirming the arbitrary detention and illegal acts
to which Mr. Unzueta was subjected.
1. Article 39 of
the Commission's Regulations establishes the following:
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.
To date, the Government of Bolivia has not answered the
Commission's request for information in its notes of August 19 and
December 16, 1980, which leads to the conclusion that there are no
domestic remedies to be exhausted;
The lack of response by the Bolivian Government to the
Commission's request for information implies that there is no reason for
holding the hearing for a friendly settlement provided for in the
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
1. By virtue of
Article 39 of the Regulation, to presume to be true the facts reported
in the communication of August 19, 1980, concerning the arbitrary
detention and illegal acts to which Mr. Flaviano Unzueta was subjected.
2. To point to the
Bolivian Government that these events constitute serious violations of
the right to humane treatment (Article 5), and the right to personal
liberty (Article 7) of the American Convention on Human Rights.
3. To recommend to
the Government of Bolivia: a) that it provide for a full and impartial
investigation to determine responsibility for the events denounced, b)
that it punish those responsible in accordance with Bolivian law, and c)
that it inform the Commission within 90 days of the measures taken.
4. To transmit
this resolution to the Government of Bolivia for the appropriate
purposes in accordance with Article 44 of the Commission's Regulations.
5. If, after the
period established in paragraph 3 of this resolution, the Bolivian
Government has made no comments, the Commission shall include this
resolution in its Annual Report to the General Assembly in accordance
with Article 59 paragraph (g) of the Commission's Regulations.