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| Case 2721 BOLIVIA 
 BACKGROUND:   1.          December 5,
        1977, the Commission received the following denunciation:   Nilda
        Heredia Miranda, a physician of Bolivian nationality of the city of
        Cochabamba, Bolivia, was arrested on April 2, 1976, by a large
        contingent of henchmen who tortured her in the Police Station in
        Cochabamba (she was kidnapped from her house). As a result of the
        horrors of the torture, she tried to take her life by cutting her veins.
        Her state of health is very serious because of the lack of medical
        attention. She is still a prisoner in the Viacha prison. She is being
        held ‘incommunicado'.   The
        courts and government attorneys refuse to intervene in all political
        cases, and the members of her family do not intervene for fear of
        reprisals by the Government.   2.          In a note dated
        April 3, 1978, the Commission transmitted the pertinent parts of the
        denunciation to the Government of Bolivia, and asked it to provide the
        corresponding information.    3.          In a
        communication of June 6, 1978, the Government of Bolivia, without
        referring to torture, or the failure to provide due process of law,
        replied to the Commission’s request in the following terms:    Mrs.
        Nilda Heredia Miranda, alias ‘Ivana’, and active militant in the
        Revolutionary Workers Party of Bolivia (PRT-B) and in the National
        Liberation Army (ELN), the wife of the extremist Luis Stamponi, of
        Argentine nation0ality, received training in terrorism which she taught
        in her organization, giving talks on politics and the use of automatic
        weapons, as a member of the Political Military Directorate of the ELN,
        in the city of Cochabamba. In Cochabamba, she recruited a number of
        individuals for her party, and was one of the General Staff of the Luis
        Stamponi Column ‘Miseria’, in the third district. She was arrested
        in April, 1976, in the city of Cochabamba, where she was working with
        Rubén Sánchez and other members of the Staff of the PRT-B and ELN, for
        purposes of conspiracy. She left the country voluntarily. She has now
        been granted amnesty under the Political Amnesty Decree by the Supreme
        Government in December 1977.   4.          The pertinent
        parts of the Government’s reply were transmitted in a letter of June
        28, 1978, to the complainant, and he was invited to make observations on
        the response.   WHEREAS:   1.          The Government
        of Bolivia replied to the Commission’s request for information on the
        events denounced without referring to torture or lack of due process.   2.          Article 51.1 of
        the Regulations of the Commission provides as follows:       Article
        51:   1.
        The occurrence of the events on which information has been
        requested will be presumed to be confirmed if the Government referred to
        has not supplied such information within 180 days of the request,
        provided always that the invalidity of the events denounced is not shown
        by other elements of proof.   THE
        INTER-AMERICAN COMMISSION OF HUMAN RIGHTS, RESOLVES:   1.          On the basis of
        Article 51.1 of the Regulations, to presume the material events of the
        denunciation related to torture and the lack of due process to be
        confirmed.   2.          To declare that
        the Government of Bolivia violated (Article I) right to life, liberty
        and personal security and (Article XXVI) right to due process of the
        American Declaration of the Rights and Duties of Man.   3.          To recommend to
        the Government of Bolivia: a) to order a complete, impartial
        investigation to determine responsibility for the events denounced, and
        to sanction those responsible for those acts in accordance with Bolivian
        law, and b) to inform the Commission within a maximum of 60 days as to
        the measures taken to put into practice the recommendations listed in
        the present Resolution.   4.          To communicate
        this decision to the Government of Bolivia and to the complainant.    5.          To include this
        Resolution in the Annual Report of the Commission to the General
        Assembly of the Organization of American States, pursuant to Article 9
        (bis), paragraph c. iii of the Statute of the Commission, without
        prejudice to the fact that the Commission may, at its next session,
        reconsider the case in the light of such measures as the Government may
        have adopted.   (Approved
        at the 609th meeting of March 6, 1979 (46th
        session) and transmitted to the Government of Bolivia) 
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