State argues that based on this provision of the Constitution, the criminal cases brought against the former
city officials for acts of corruption are not subject to the statute of limitations, and must be pursued until a
final verdict is delivered.
92.
The State observed that under the December 22, 2004 Conciliation Agreement signed under
the Commission’s auspices, the State made good on fair and adequate compensation to Ms. Andrade, as the
petitioners themselves acknowledge. Furthermore, the State pointed out that inasmuch as reparations for
damages and injuries have already been paid on the domestic front, Ms. Andrade’s claim seeking financial reindemnization is out of place.
93.
Finally, the State considers that in the present case, it has not violated articles 7(2), 7(3) and
7(6), 8(1), 21(1), 22(1), 22(2) and 22(3) and 25(1) of the American Convention, read in conjunction with
articles 1 and 2 thereof.
IV.
FINDINGS OF FACT
A.
Assessment of the evidence
94.
Pursuant to Article 43(1) of the Rules of Procedure of the Inter-American Commission on
Human Rights (hereinafter the “IACHR’s Rules of Procedure”), the Commission will examine the arguments,
the evidence presented by the parties and will take into account other information that is a matter of public
knowledge.9 As reported in the section on the processing of the case, on December 28, 2011 the Commission
asked both parties to provide updated information on the status of the 6 criminal cases, and a copy of the
principal case documents in those six cases. The Commission notes that while both parties supplied certain
information on the status of the cases and, during the processing of the case with the Commission, have
supplied various case documents, the IACHR had still not received all the principal documents from the 6
criminal cases when the time came to prepare this report on the merits.
B.
Facts established
95.
Ms. Andrade was elected to the city council in 1995 and took office in January 1996, serving
as Chair of the Juridical Commission. In 1998, Ms. Andrade was President of the City Council of La Paz, and
was re-elected in January 1999. Upon the resignation of Germán Monroy, then Mayor of La Paz, on June 2,
1999, Ms. Andrade was elected Mayor of La Paz on June 7, 1999, and served during the remaining time that
corresponded to former Mayor Germán Monroy, that was to February 6, 2000.10
1.
The Gader Case
96.
As background information, the case file shows that the Government of La Paz, in the person
of then Mayor Germán Monroy Chazarreta, signed a contract with GADER SRL for design and development of
an integrated tax collection system, under the ‘no-bid’ or ‘sole-source’ contracting system [“contratación por
Article 43(1) of the IACHR’s Rules of Procedure: “The Commission shall deliberate on the merits of the case, to which end it shall
prepare a report in which it will examine the arguments, the evidence presented by the parties, and the information obtained during
hearings and on-site observations. In addition, the Commission may take into account other information that is a matter of public
knowledge.”
9
10
Annex 14. Decision No. 154/2002, Examining Court’s Final Order of August 24, 2003, issued by the Capital’s Eighth Criminal Examining
Court (Liquidador) in the indictment that Juan del Granado Cossio, representing the Government of La Paz, sought against Germán Monroy and
others for the crimes of fraud, use of a falsified instrument, contracts detriment to the State, mismanagement of public resources, criminal
conspiracy, dereliction of duty and cover-up. Attachment to the State’s brief of June 14, 2004.