International Inquiry for Bolivia

Human Rights Council and Treaties Division
Complaint Procedure
OHCHR-UNOG
1211 Geneva 10, Switzerland
Fax: (41 22) 917 90 11
E-mail: CP@ohchr.org

Ms. Catherine Ashton
High Representative of the Union for Foreign Affairs and Security Policy,
Vice President of the European Commission
Council of the European Union
Rue de la Loi 175,
B-1048 Brussels
Belgium

Mr. John Clarke
Charge d%u2019Affaires, Acting Head of Delegation
Permanent Delegation of the European Union to the International Organisations in Geneva
Rue du Grand-Pr%uFFFD 66,
CH-1211 Geneva
Switzerland

UN Human Rights Commision

Working Group on Arbitrary Detention

wgad@ohchr.org

Vice-Chairperson

Mr. Roberto GARRETON

Independent Expert on the question of human rights and extreme poverty

ieextremepoverty@ohchr.org

Ms. Maria Magdalena SEPULVEDA CARMONA

We, the undersigned,

We would like to bring to your attention the situation of human rights in Bolivia.

Please set up an International Commission of Inquiry, for investigation of serious and recurrent Human Rights abuse and occurred murders in Bolivia. Please send international observers to the trials of imprisoned persons by political reasons, for ensuring the rights of them.

 Dear Madams, Sirs,
 

As you may know from articles that appeared in the world press, in the early morning of 16th of April 2009 in the Bolivian town of Santa Cruz, in the Hotel Las Americas, three European citizens were killed and two persons arrested by the Bolivian special forces, UTARC.

The persons killed include Mr. Eduardo Rozsa Flores - Hungarian, Croatian and Bolivian citizenships; Mr. Martin Dwyer- Irish nationality and Mr. Arpad Magyarosi- Romanian citizen.

The two persons arrested and held in detention under inhumane conditions are Mr. Elod
Toaso- Hungarian and Romanian citizenship, and Mr. Tadic-Croatian, Bolivian citizenship since 2009. April 16, without bail and trial. Later imprisoned 12 more people.

The five persons were attacked by the police on the allegations of organizing a plot against Mr. Evo Morales, the President of Bolivia.%u201D This allegation was later changed into a plot to raise an armed uprising against the Bolivian state.

.

There is no official accusations been raised by the Bolivian authorities. At present Mr. Toaso Elod and Mr. Tadic are simply hold in custody against their will.

Shortly about the human rights violation against Mr Toaso Elod:

The preparation of the trial against Mr. Elod Toaso, being accused of alleged acts of terrorism committed in the city of Santa Cruz de la Sierra, have clearly been violating various rules of law, both domestically and internationally. The legal violation has taken place since the time of the arrest of Mr. Toaso Elod and even to present date, within the proceedings are being developed.
1. Right to ban torture.
2. Right to be tried by a judge.
3. Right material to the defense of relying on a translator or interpreter.
4. Entitled to the presumption of innocence.

Then individualized and explain in detail how they have violated every one of these rights ( please see enclosed documents)

Shortly, the death of Mr. Arpad Magyarosi:

Contrary to what was stated in the Bolivian press, Mr. Magyarosis death was not caused by hypovolemia (shock caused by loss of blood), but by suffocation from blood (blood  inhalation), caused by the two 5,56x45mm NATO FMJ steel core bullet shot at his torso in from very close distance. In general, none of his wounds were lethal, he could have survived by minimal medical aid (sucking out the blood from his trachea). He died slowly, the agony being longer than 30 minutes.

Following the findings of the Hungarian autopsy report - public document -, altogether he was killed with seven shots. The first three from the front, to his upper arm, in a 90 degree horizontal position, bullets traveling in his arm, from the elbow to the shoulder, and braking bones. He holds his hands showing the sign of capitulation, whilst receiving the shots. At the autopsy, one bullet fragment from his shoulder was recovered. This was probably the first group of shots that he received during or after his capture. The police forces entered his room peacefully (or let in by himself or by key) as we observed no visible damage on the photographs taken on his hotel room door next day by local press and police. Then he was brutally handcuffed by a plastic string handcuff. Then he was beaten up by fist, by rifle stock and by boot on  multiple occasions. His nose was broken, his head, and neck at the back injured and the body over his kidneys, at the back. Probably, whilst lying on the floor, with the right hand wounded (he was left handed), he received the above-mentioned two shots to his upper body, from right side to left.

Also he received one shot from right to left, to his hip, hitting his sitting bone an paralyzing him.

The last shot he received from behind, from back to the front, into his shoulder. We suspect that this was aimed to be to in his neck or spine cord. There can be any time gaps between the shots, (except for the long shots evidently) and even the actual crime scenes may vary.

At the autopsy was no residue gunpowder find on his hands, nor usual skin injuries
from pistol automatic reloading.

Please, find enclosed the documents in scanned version, which support the
above stated arguments:

1.      Legal Report on the human rights violation of Mr Elod Toaso made by LLM Rigoberto Padres Lawyer

2.      Pictures showing the marks of the torture suffered by Mr. Elod Toaso at the time of their arrest.

3.      A video containing images similar to those found in the photographs.

4.      Medical certificate that guarantees that the injuries he suffered at the time of his capture, which have been determined a week after it happened

5.      Integral document of the autopsy on the body of Mr. Magyarosi Arpad and Michael Dwyer.

6.      Pictures made in the hotel room with the body of Mr. Magyarosi Arpad, Mr. Michael Dwyer and Mr. Rozsa Flores Eduardo after their execution 

7.      Video spots and governmental publications made by Bolivian government used politically for election, what definitely destroyed the presumption of innocence of detained persons.

8.      Please take into account the file that has been registered under nr 1003-9  by the  EU, Human Rights Committee

9.      Annual report of UN Human Rights Commission, about the Bolivian human rights abuse in 2009, mentioned also the case.

10.  Annual Report of USA Foreign Affairs Human Rights Department, about the human rights violation in 2009, mentioned the case also.

11.  Video from the Hotel Las Americas

12.  The Bolivian citizens initiative about the formation of International Investigation Commission to investigate the human rights abuse in Bolivia, in the following cases: a. January 11, 2007 in Cochabamba

b.September 11, 2007  El Porvenir in Pando,

c. Calancha in Sucre,

d.  killings in Huanuni

e.  killings in the Hotel Las Americas, 16. April 2009

 f. Corruption in YPFB, the smuggling of 33 trucks at the border Bolivia - Brazil, the actions of a course irregular group in the region of Yucumo (Beni), flogging the indigenous leader Fabricano Marcial, the attack on the family of former Vice President Victor Hugo Cardenas, kidnapping and police abuse suffered by the radio announcer Jorge Melgar, in Riberalta (Beni), the numerous attacks on the press by police, the attack followed by crimes for alleged armed peasants surrounding towns of Santa Cruz,

g. Unlawful detentions in jail in San Pedro, regardless of due process and safeguards constitutional, the various breaches of Natural Judge,

h. Confrontation with civilians and policemen killed in Caranavi (La Paz),

i. The murder of four policemen in Uncia and other cases

j. List of political prisoners :TOASO EL0D, MARIO TADIC ASTORGA, LEOPOLDO FERNANDEZ FERREIRA, GELAFIO SANTIESTEBAN, JORGE MELGAR QUOTTO,ERVIN VENTURAS,HERMAN JUSTINIANO, ROBERTO REA RUIZ, MARCELO MEIDO, GERARDO ALIAGA, FELIPE MOZA, JOSE VACA, CARLOS SANTIESTEBAN, MARCO MONATERIOS, GARY PRADO, LUCIO ANEZ RIBERA, JUAN CARLOS GUEDER, ALCIDES MENDOZA, HUGO VASQUEZ, ZVONKO MATKOVIC RIBERA, ZOILO SALCES, RONALD CASTELO and many others.

There are about 200 fugitives, persecuted politicaly.

Please, accept the assurances of my highest consideration.

Edit Toaso

Hungary

10.06.2010