Report No. 115 (2025) IACHR. Petition No. 13.139 (Bolivia)

• Court: Inter-American Comission of Human Rights
• Year: 2025
• Case Type: Friendly Settlements
• Respondent State: Bolivia

REPORT No. 115/25

CASE 13.139

REPORT ON FRIENDLY SETTLEMENT

JAVIER CHARQUE CHOQUE

BOLIVIA

OEA/Ser.L/V/II

Doc. 121

19 J. 2025

Original: Spanish

Approved electronically by the Commission on J. 19, 2025.

Cite as: IACHR, Report No. 115/25, C. 13.139, Friendly Settlement, Javier Charque Choque, Bolivia, J. 19, 2025.

www.iachr.org

REPORT No. 115/25

CASE 13.139

FRIENDLY SETTLEMENT

JAVIER CHARQUE CHOQUE

BOLIVIA

JULY 19, 2025

1. SUMMARY AND RELEVANT PROCEEDINGS OF THE FRIENDLY SETTLEMENT PROCESS

1. On J. 18, 2008, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “IACHR”) received a petition submitted by Mr. M.C.C. (hereinafter “the petitioning party” or “the petitioner”), alleging the international responsibility of the Plurinational S. of Bolivia (hereinafter the “S.” or “Bolivian S.” or “Bolivia”) for the violation of the human rights established in Articles 4 (life) and 5 (humane treatment) of the American Convention on Human Rights (hereinafter the “Convention” or “American Convention”), for the murder of the student J.C.C. (hereinafter the “alleged victim”) on December 30, 2006. The petitioner reported that the alleged victim’s death was the result of an act authorized by the J., the native indigenous authority of the V.A. community, as well as from the unjustified delay in the investigation. The petitioner further reported that other lynchings carried out under the so-called “community justice” system had been reported in the country with no effective response from the authorities.

2. On May 25, 2017, the Commission issued Admissibility Report No. 46/17, in which it declared the petition admissible and its competence to hear the claim submitted by the petitioning party regardingthe alleged violation of the rights enshrined in Articles 4 (life), 5 (humane treatment), 8 (fair trial), and 25 (judicial protection) of the American Convention on Human Rights, in conjunction with Article 1.1 thereof.

3. On J. 13, 2019, the parties initiated a friendly settlement process, which led to the signing of a friendly settlement agreement (hereinafter “FSA” or the “agreement”) on August 20, 2024. S., on J. 14, 2025, the S. submitted a report giving an account of the progress made on implementation of the FSA and requested the Commission to grant the corresponding approval. In turn, on J. 25, 2025, the petitioner requested the corresponding approval from the Commission.

4. P. to Article 49 of the Convention and Article 40(5) of the Rules of Procedure of the Commission, this friendly settlement report summarizes the facts alleged in the petition and transcribes the friendly settlement agreement signed on August 20, 2024, by the petitioner and representatives of the B.S.. In this report, the agreement signed by the parties is approved, and it is agreed that this report will be published in the Annual Report of the IACHR to the General Assembly of the Organization of American S.s.

2. THE FACTS ALLEGED

5. The petitioner alleged that J.C.C. was studying towards a degree in tourism and on December 29, 2006, while working on a research project on Indigenous communities in northern Potosí Department, he attended a marriage ceremony in one of the communities in Llallagua. The petitioner stated that during the ceremony, an argument involving approximately six members of the V.A. community broke out over a misunderstanding, and these individuals began to physically assault the alleged victim. A.J.C.C. tried to escape, he was caught and brought, seriously injured, before the J. (or Jilanqu), the community’s indigenous authority. The petitioner alleged that the J. authorized further torture of the alleged victim in an act of “community justice.” A. several hours of agony, the alleged victim died in the early hours of December 30, 2006. The petitioner indicated that on J. 11, 2007, the alleged victim’s mother went out to look for him in the community since she had not heard from him. T., a female member of the community told her that her son had been murdered. Eventually, on J. 13, 2007, the authorities found his body buried face down in a small grave, with his hands and feet tied and a rope around his neck.

6. The petitioner explained that he filed a report for homicide before the Public Prosecutor’s Office and the police in Llallagua on J. 13, 2007, and that on J. 16, 2007, he filed a criminal complaint against the J. and four other people, as joint perpetrators and accomplices to the murder. On February 28, 2007, a hearing to establish precautionary measures was held at the First Mixed and Precautionary Magistrate Court in Llallagua, and it was ruled that the J. be remanded in custody. H., according to the petitioner, after the hearing, a group of armed campesino leaders and community members occupied the court building, allowing the J. to escape and allegedly take refuge with the FAOI‑NP (Federation of Native and Indigenous Ayllus of Northern Potosi). L., another group of V.A. community members held the prosecutor hostage for two hours, during which they hit him and demanded that he resign and close the case. The petitioner added that the investigation has been on hold since then and that the J.’s whereabouts are publicly known, that they still live in the Llallagua community, have been seen walking around freely, and even went to vote using their registered voter address.

7. The petitioner mentioned that crimes are committed in Bolivia under the pretense of “community justice,” and that the V.A. community itself contended that the acts that took place fall within the community justice framework. A. these lines, the petitioner noted that the Council of Indigenous Authorities of the Ayllus in R.B. province in the department of Potosí passed a resolution on M. 2, 2007, which was signed by, among others, the J., who was allegedly on the run. The resolution states that the community members, “based on the event that took place in accordance with the customs and traditions of the Villa Arbolito community, [...] set a final 30-day deadline for Prosecutor V.L. to file his resignation, for discriminating against us for belonging to Indigenous Peoples.” As per the petition, according to the community members, the prosecutor had abused his authority in ordering the arrest of the Indigenous authority. The petitioner further alleged that there are many cases around the country in which, under the pretense of serving “community justice,” community members have lynched and tortured alleged attackers and thieves. The petitioner provided a list of 44 alleged lynchings that took place in various indigenous and campesino communities between 2005 and 2009, and noted that the authorities have failed to adequately respond to them.

8. The petitioner stated that the investigation is unjustifiably delayed and has been at a standstill for 10 years. He further noted that the Office of the Prosecutor General had been negligent in processing the case, as important proceedings were not held because the police officers in charge of the investigation have received threats and are afraid. In this respect, he explained that the police officers did not request statements from the alleged victim’s family because they had deemed them unnecessary, and that, after receiving threats from the V.A. community members, they did not reconstruct the events, although they did go all the way to Llallagua. Further, the petitioner stated that a request that he had filed with the First Mixed and Precautionary Magistrate Court in Llallagua on M. 2, 2007, remained pending as of the date on which he submitted the petition. This request asked the Court to formally charge four additional people, alleged joint perpetrators of the murder. The petitioner mentioned that, although on May 8, 2007, the Court had ordered the publication of legal notices that expanded the formal charges to these four individuals, they have not yet been declared in default, and the petitioner warned that consequently the statute of limitations on the criminal prosecutions had lapsed.

3. FRIENDLY SETTLEMENT

9. On August 20, 2024, in the city of El Alto in the department of La Paz, the parties signed a friendly settlement agreement, which reads as follows:

FRIENDLY SETTLEMENT AGREEMENT

CASE 13.139 “JAVIER CHARQUE CHOQUE”

On August 20, 2024, in the city of El Alto in the department of La Paz, the following parties met at...