IV. THE ISSUES RAISED IN THIS CASE

121. The Inter-American Commission on Human Rights will examine whether the Bolivian state is responsible internationally for the deaths of nine civilians in events that occurred in December 1996, in the localities of Amayapampa, Llallagua, and Capasirca. For this purpose, the Commission must determine whether the five elements that establish the international liability of a state are present in this case: (i) The existence of an act or omission violative of an obligation established by a rule of international law in force; (ii) that said illicit act be imputable to the state as a juridical person; (iii) that harm have been caused as a result of the illicit act; (iv) that the action imputed to the state not be justified; and, (v) that no reparation have been made for the consequences of the illicit act, with such reparation including an investigation into the facts and the necessary compensation.

122. The Inter-American Commission must also determine whether the nine civilians deaths at the scene of the events resulted from actions carried out by state agents acting under the investiture of a public function or pursuant to the powers they hold by dint of their official position.

123. Finally, the Commission must analyze whether the use of the public forces in the particular circumstances of the recovery of the mines of Amayapampa and Capasirca was reasonable and absolutely necessary.