defendants. It also expanded the original order to investigate, so as to add other names.129 On November 23,
2001, a hearing was held to reconstruct the City Council meeting.130 In 2002, there were decided various
motions and petitions brought by the defendants concerning prejudicial questions, petitions asking that the
expanded orders instituting preliminary proceedings be revoked, motions to have the proceedings nullified, a
recusal request and others.131
141. On December 11, 2002, the First Criminal Examining Court (Liquidador) of La Paz issued the
final instruction decision ordering Ms. Andrade and 15 other persons to stand trial, and ordering provisional
dismissal of the case against two other persons.132 As for Ms. Andrade, the indictment states that she has not
only committed the crimes listed in special audit report No. GL/EP15/L99N1 by omission, but by having
attempted to use her position as President of the City Council of La Paz to claim that she had no vote and
could only sign the resolution pursuant to Article 37(5) of the Municipal Governments Act, she has failed to
discharge her duties under Article 19(10), 19(11), and 19(13), Article 37(6), and Article 108 of the Municipal
Governments Act; furthermore, by her active participation in La Paz City Council session No. 98 held on June
18, 1998, where the contract for purchase of 80,000 street lamps was approved, with full knowledge of
procedural irregularities surrounding the contract, her conduct fits crimes classified as ordinary criminal
offenses.133
142. In 2003, the proceedings focused mainly on the statements made by the defendants; various
petitions and motions they filed were decided.134 Ms. Andrade Salmón, as co-defendant in the case, made her
trial statement on June 4, 2003.135 On July 10, 2003, the hearing to reconsider an amendment to Ms.
Andrade’s precautionary measures was suspended due to the absence of the Clerk of the Court, as she was on
assignment.136 On October 30, 2003, oral arguments were suspended owing to the absence of co-defendant
Germán Monroy, who was excused from the proceedings for 60 days.137
129
Annex 76. Brief from the District Superior Court to the Second Criminal Trial Court Judge (Liquidador), in which it reports on compliance
with Constitutional Court Judgment No. 101/2004. Information presented by the petitioners during the working meeting held at IACHR
headquarters in November 2006 and forwarded to the State in a communication dated December 12, 2006.
130
Annex 76. Brief from the District Superior Court to the Second Criminal Trial Court Judge (Liquidador), in which it reports on compliance
with Constitutional Court Judgment No. 101/2004. Information presented by the petitioners during the working meeting held at IACHR
headquarters in November 2006 and forwarded to the State in a communication dated December 12, 2006.
131
Annex 76. Brief from the District Superior Court to the Second Criminal Trial Court Judge (Liquidador), in which it reports on compliance
with Constitutional Court Judgment No. 101/2004. Information presented by the petitioners during the working meeting held at IACHR
headquarters in November 2006 and forwarded to the State in a communication dated December 12, 2006.
132
Annex 56. Resolution No. 123/2002, the Capital’s First Criminal Examining Court (Liquidador). Final instruction, December 11, 2002.
Attachment to the State’s brief of June 4, 2003.
133
Annex 56. Resolution No. 123/2002, the Capital’s First Criminal Examining Court (Liquidador). Final instruction, December 11, 2002.
Attachment to the State’s brief of June 4, 2003.
134
Annex 76. Brief from the District Superior Court to the Second Criminal Trial Court Judge (Liquidador), in which it reports on
compliance with Constitutional Court Judgment No. 101/2004. Information presented by the petitioners during the working meeting held at
IACHR headquarters in November 2006 and forwarded to the State in a communication dated December 12, 2006.
135
Annex 76. Brief from the District Superior Court to the Second Criminal Trial Court Judge (Liquidador), in which it reports on
compliance with Constitutional Court Judgment No. 101/2004. Information presented by the petitioners during the working meeting held at
IACHR headquarters in November 2006 and forwarded to the State in a communication dated December 12, 2006.
136
Annex 76. Brief from the District Superior Court to the Second Criminal Trial Court Judge (Liquidador), in which it reports on
compliance with Constitutional Court Judgment No. 101/2004. Information presented by the petitioners during the working meeting held at
IACHR headquarters in November 2006 and forwarded to the State in a communication dated December 12, 2006.
137
Annex 76. Brief from the District Superior Court to the Second Criminal Trial Court Judge (Liquidador), in which it reports on
compliance with Constitutional Court Judgment No. 101/2004. Information presented by the petitioners during the working meeting held at
IACHR headquarters in November 2006 and forwarded to the State in a communication dated December 12, 2006.