IACHR submits case concerning Bolivia to IA Court over violations during police operation

October 4, 2024

Washington, D.C. — On July 26, 2024, the Inter-American Commission on Human Rights (IACHR) filed Case 13.546 against Bolivia with the Inter-American Court of Human Rights (IA Court). The case concerns human rights violations that occurred during a police operation in Santa Cruz that resulted in the deaths of Michael Dwyer and two others and the detention of Elöd Tóásó, Mario Tadic, Juan Carlos Guedes, and Alcides Mendoza.

On April 14, 2009, the Bolivian Ministry of Government filed a complaint with the Departmental Prosecutor's Office of La Paz, alleging crimes against the State's internal security. On April 16, the Tactical Crisis Resolution Unit (UTARC) raided the Hotel Las Américas in Santa Cruz, setting off explosives on the fourth floor and storming rooms while firing shots. During the operation, Michael Dwyer and two others were killed, while Elöd Tóásó and Mario Tadic were arrested. Nearly two weeks later, on April 28, 2009, Juan Carlos Guedes and Alcides Mendoza were also detained. The four detainees subsequently alleged they were tortured while in state custody.

In Merits Report No. 394/21, the IACHR observed that the death of Michael Dwyer had not been properly investigated or clarified and attributed responsibility for his death to the Bolivian State. It further concluded that the acts against Tadic, Tóásó, Guedes, and Mendoza constituted torture and violated their right to personal integrity. It also deemed their detentions to be illegal and arbitrary, as the four individuals were neither informed of the reasons for their arrests nor brought before a judicial authority in a timely manner.

The IACHR also observed that the criminal proceedings for terrorism brought against the victims violated their right to judicial guarantees. The victims were transferred to a judge in La Paz without legal justification and were held in pretrial detention for excessively long periods. Tadic and Tóásó were detained for nearly six years, while Guedes and Mendoza were imprisoned for more than ten years.

Based on these findings, the IACHR concluded that the State of Bolivia is responsible for violating the rights to personal integrity, personal liberty, judicial guarantees, protection of honor and dignity, and judicial protection, as established in articles 4, 5, 7, 8, 11, and 25 of the American Convention on Human Rights, in conjunction with the obligations enshrined in article 1.1 of the same instrument and articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture. The IACHR recommended that the State of Bolivia undertake the following measures of reparation:

1. Provide reparation for the human rights violations listed above in the form of economic compensation and measures of satisfaction to address both material and moral damages.
2. Offer physical and psychological rehabilitative healthcare to the victims.
3. Conduct a prompt, thorough criminal investigation to clarify the facts, identify those responsible, and apply appropriate sanctions in line with due diligence standards and the Istanbul Protocol for cases of torture.
4. Implement measures to prevent similar incidents from recurring by establishing permanent human rights training programs for police officers, the Public Prosecutor's Office, and the Judiciary.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 239/24

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