removal of the bodies and its transfer to the morgue, "committed a series of irregular acts" in the body removal. In that judgment, it was also determined, among the basic facts of the trial, that the defendants "participated [...] in a pact of silence, they do not provide any clarifying information, covering up the criminal acts and many others, giving completely false statements." 65 54. With regard to the allegations formulated by the complainant in the criminal proceedings to have the accused tried for the crime of forced disappearance, the Second Criminal Court considered such a request inadmissible, since that crime was incorporated into the Bolivian legal system "by mandate of Law No. 3326 of January 18, 2006 [...] on this ground because of the non-retroactive nature of the Criminal Law, established by Constitutional Article 33 and the application of the Criminal Law in the time referred to in Article 4 of the Penal Code, which cannot be applicable to the defendants in the present case, who are being tried for acts dating back to 1980 and whose cause was initiated long before this crime was defined by law; moreover, the International Treaties and Conventions were ratified after the facts being judged." He added that "the crime of forced disappearance of persons is not part of the order of indictment, so the judge can hardly refer to that crime for which the defendants did not provide any defense." 66 55. Some of the defendants 67 and the representatives of the Flores Bedregal and Quiroga Santa Cruz families appealed against the first instance order of December 12, 2007, as civil parties. 68 On August 22, 2008, the Third Criminal Chamber of the Superior Court of the Justice District of La Paz, by Resolution No. 103/2008 (hereinafter "Resolution No. 103/2008") confirmed the first instance ruling in the portion that convicted the defendants, and reversed it in the part that acquitted certain accused of cover-up. 69 The foregoing comes upon considering that the defendants did not denounce acts of which they were aware, such as the alleged removal of Juan Carlos Flores Bedregal's body. 70 56. Resolution No. 103/2008 also rejected a request to annul all the proceedings in the case file, which was filed by the Superior District Prosecutor's Office of La Paz on April 9, 2008. 71 Faced with this request for annulment, Olga Flores filed a complaint before the Public Prosecutor against the Prosecutor who presented it, 72 and also requested that the Human Rights Commission of the Chamber of Deputies summon the Prosecutor to clarify the Cfr. Order No. 129/2007 of the Second Circuit Criminal Court, of December 12, 2007, supra. Cf. Resolution No. 129/2007 of the Second Circuit Criminal Court, of December 12, 2007, supra. 67 The appellant defendants include Rogelio Gómez Espinoza, Raúl Solano Medina, Marcos Herninio Mena Vargas, Juan Gualberto Aquize Rada, David Humberto Alarcón Romero, José Gregorio Loza Balsa, Adolfo Ustarez Ferreira, Joaquín Quisbert Quiroga, Raúl Hinojosa, Franz Pizarro Solano, José Luis Ormachea España, Sebastián Quispe Apaza, Damián Gutiérrez Castro, René Javier Hinojosa Valdez, and José Faustino Rico Toro. Cf. Resolution No. 103/2008 of the Third Criminal Chamber of the Superior Court of the Justice District of La Paz of August 22, 2008 (case of evidence, p. 333-355). 68 The representatives of the Flores Bedregal family claimed that "the acquittal of some of the accused [was] illegal and unjust," on the grounds that an adequate assessment of their participation in the events was not made. Cf. Resolution No. 103/2008, of the Third Criminal Chamber of the Superior Court of the Judicial District of La Paz,supra. 69 David Humberto Alarcón Romero, César Altamirano Lavadenz, Juan Gualberto Aquize Rada, and Marcos Herminio Mena Vargas were convicted of the crime of cover-up. Cf. Resolution No. 103/2008, of the Third Criminal Chamber of the Superior Court of the Judicial District of La Paz, supra. 70 Cf. Resolution No. 103/2008 of the Third Criminal Chamber of the Superior Court of La Paz, supra. 71 Cf. Resolution No. 103/2008 of the Third Criminal Chamber of the Superior Court of La Paz, supra. 72 Cf. Appeal for serious and very serious misconduct, filed by Olga Flores Bedregal, against District Attorney Teresa Vera Loza, of May 8, 2008 (case file of evidence, p. 365-370). 65 66 18

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