BOLIVIA: ARBITRARY DETENTION OF GOVERNOR LUIS FERNANDO CAMACHO

The International League Against Arbitrary Detention urges the Government of the Plurinational State of Bolivia to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 50/2024 concerning Luis Fernando Camacho, asking the Government of the Plurinational State of Bolivia to immediately and unconditionally release Luis Fernando Camacho and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full Working Group on Arbitrary Detention Opinion concerning Luis Fernando Camacho (Bolivia): Opinion No. 50/2024.

ARREST OF A BOLIVIAN POLITICAL LEADER 

Luis Fernando Camacho, a Bolivian national born on 15 February 1979, is a lawyer and, at the time of his arrest, the elected Governor of the department of Santa Cruz. He is also known for his leadership of the Comité Cívico Pro Santa Cruz and his role in mobilising protests during the 2019 political crisis. It was his role in these protests, which contributed to President Morales's resignation, that justified his arrest on charges of terrorism and related offences.

On 28 December 2022, while returning home in Santa Cruz de la Sierra, he was intercepted by more than 40 heavily armed plainclothes State officers who fired shots to intimidate his security team. Without being shown a valid arrest warrant, Mr. Camacho was forced to the ground, handcuffed, hooded, and transported by helicopter to La Paz. He was denied immediate access to his family and lawyers and, despite serious pre-existing health conditions, has faced repeated obstacles in accessing necessary medical treatment while in detention. The next day, on 29 December 2022, an online hearing ordered his pretrial detention in Chonchoroco Maximum Security Prison, which has since been extended multiple times, resulting in his removal from office as Governor. 

The Government of the Plurinational State of Bolivia responded to the Working Group on Arbitrary Detention transmission on 18 July 2023, denying allegations of violence and irregularities.

ARRESTED WITHOUT A WARRANT AND SUBJECTED TO EXTENDED AND UNLAWFUL PRE-TRIAL DETENTION

The source alleged that on 28 December 2022, Mr. Camacho was arrested and detained without being shown an arrest warrant or informed of the reasons for his arrest. The warrant later produced was retroactively dated and lacked justification. The Government, in its response, described exhaustively the circumstances and methods of the arrest. However, the Working Group on Arbitrary Detention recalled that at the time of the arrest, Mr. Camacho was not informed of the charges and of his rights, as no arrest warrant was presented on that day. Therefore, the Working Group found that this situation violated articles 9 (1), (2) and (3) of the Covenant.

Moreover, according to the source, Mr. Camacho was accused by the Public Prosecution Service of various offences. In its response, the Government of the Plurinational State of Bolivia mentioned that prosecutors issued the warrant after Mr. Camacho failed to appear when summoned. An argument rejected by the Working Group on Arbitrary Detention, recalling that only independent judicial authorities may authorise detention under article 9 (3) of the International Covenant on Civil and Political Rights, not prosecutorial bodies.

The source further stressed that Mr. Camacho has been in detention since his arrest, causing harm to his health and ability to exercise his functions. The Working Group reminded that pretrial detention should be the exception, rather than the rule, and should be ordered for the shortest possible time. Thus, his continued pretrial detention, repeatedly extended without individualised reasoning or consideration of alternatives, contravened article 9 (3) of the Covenant. 

Considering all the above, the Working Group on Arbitrary Detention found that Mr. Camacho’s arrest was unlawful and lacked judicial control, rendering his deprivation of liberty arbitrary under Category I.

DETAINED FOR EXERCISING RIGHTS TO FREEDOM OF OPINION AND EXPRESSION AND PEACEFUL ASSEMBLY AND ASSOCIATION AND TO POLITICAL PARTICIPATION

Mr. Camacho’s arrest and detention reportedly followed his leadership in mobilising protests against electoral fraud in 2019 and his outspoken criticism of the ruling party as Governor of Santa Cruz. According to the Government, he was not peacefully exercising his rights but conspiring with security forces to overthrow the Government, thus justifying the criminal charges. The Working Group on Arbitrary Detention noted that these allegations were not supported by concrete evidence linking him personally to illegal acts, and emphasised that criticism of the government and peaceful protest were protected rights. The Working Group on Arbitrary Detention found that his deprivation of liberty directly resulted from the exercise of freedoms of expression, assembly and association, all protected under articles 19-21 of the Universal Declaration of Human Rights, as well as articles 19, 21, 22, and 25 of the Covenant. 

Therefore, it concluded that Mr. Camacho’s detention was arbitrary under Category II.

DENIED FAIR TRIAL GUARANTEES

The source claimed that high-ranking officials, including the President and Deputy Minister, publicly declared him guilty before trial, undermining the presumption of innocence. In addition, the Plurinational Constitutional Court issued a constitutional ruling ordering the removal of Mr. Camacho from his position as Governor due to his absence. However, the Working Group pointed out that his absence was due to his detention ordered by the same Government. In its view, this decision violated the separation of powers, a necessary condition for ensuring respect for the right to a fair trial. These failures breached article 14 (1) of the Covenant and article 10 of the Universal Declaration of Human Rights, which require an independent, impartial tribunal and equality of arms. 

The Working Group concluded that Mr. Camacho’s detention violated fair trial rights and was arbitrary under Category III.

DETENTION BASED ON POLITICAL AND OTHER OPINIONS

Mr. Camacho’s detention occurred in the context of his role as a leading opposition figure, as Governor of Santa Cruz, and critic of the ruling party. The Working Group on Arbitrary Detention, however, found that his deprivation of liberty was intended to silence dissent. This amounted to discrimination contrary to articles 2 and 7 of the Universal Declaration of Human Rights and articles 2 and 26 of the International Covenant on Civil and Political Rights.

The Working Group, therefore, concluded that Mr. Camacho’s detention was arbitrary under Category V.

CONCLUSION OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Luis Fernando Camacho was arbitrary and fell under categories I, II, III, and V because his deprivation of liberty was in contravention of articles 2, 7, 9, 10, 11, 19, 20 and 21 of the Universal Declaration of Human Rights and articles 9, 14, 19, 22 and 25 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of the Plurinational State of Bolivia take the steps necessary to remedy the situation of Mr. Luis Fernando Camacho without delay and bring it into conformity with relevant international norms, including those outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other forms of reparation, in accordance with international law.

Furthermore, the Working Group urged the Government to conduct a thorough and independent investigation into Mr. Luis Fernando Camacho’s arbitrary detention and take appropriate measures against those responsible for violating his rights.