to the Villa Ayacucho case, Ms. Andrade complained that she posted bail in the form of a piece of property
valued US$50,000, which was more than the monetary damages claimed by the civil party.
Complaint filed against the National Parliament’s Human Rights Commission
149. On November 21, 2000, the Human Rights Commission of the Chamber of Deputies received
a complaint filed by Ms. Andrade Salmón over the fact that four criminal cases had been brought against her
in connection with her municipal public service. In those cases, the charges were allegedly brought without
any evidence, the constitutional principle of presumption of innocence had not been observed, and the
provisions of the Code of Criminal Procedure regarding precautionary measures had not been applied.152
Proceedings prosecuted against the Third and Ninth Criminal Examining Judges for the
crimes of deprivation of liberty and others, in connection with the Gader and Street Lamps cases.
150. On August 20, 2003, an investigation was instituted against Mr. Alberto Costa Obregón,
former Third Criminal Examining Judge, and Rolando Sarmiento Torres, Ninth Criminal Examining Judge,
based on a complaint brought by the Office of the Vice Minister of Justice.153 On November 27, 2003, the
Public Prosecutor’s Office brought formal charges against Constancio Alcón Paco, Seventh Criminal Examining
Judge, for the crime of deprivation of liberty, decisions that contravene the Constitution and the laws,
dereliction of duty, contempt of court decisions delivered in habeas corpus proceedings.154 On June 7, 2004,
the Prosecutor for the case, Dr. Daen Nigly Aguado Aranibar, filed an indictment against Alberto Costa
Obregón, former Third Criminal Examining Judge, Constancio Alcón Paco, Third Criminal Examining Judge,
and Rolando Sarmiento Torres, Ninth Criminal Examining Judge. The indictment was filed before the Judicial
District Trial Court of La Paz, for alleged commission of the crimes of deprivation of liberty, decisions that
contravene the Constitution and the laws, dereliction of duties, contempt of court rulings delivered in habeas
corpus and constitutional amparo proceedings, provided for in articles 292(1) and (3), 153, 154 and 179 bis
of the Penal Code, and requested that oral arguments be initiated before the La Paz Judicial District Trial
Court.155 Subsequently, January 4, 2005 was set as the date for the start of trial.156 To date, the parties have
not informed the Commission whether a final decision has been delivered in this case.
151. On January 29, 2004, the First Civil Chamber of the District Superior Court of La Paz, serving
as a court of constitutional guarantees, ordered damages in connection with the petition of habeas corpus that
María Nina Lupe del Rosario Andrade Salmón had brought against the Ninth Criminal Examining Judge, Dr.
Rolando Sarmiento (the Street Lamps case). The court ordered the judge to pay the plaintiff damages in the
amount of 2,079.50 bolivianos, based on the fact that on December 11, 2000, the Constitutional Court had
revoked the habeas corpus decision that had denied the petition that Ms. Andrade had filed against the Ninth
Criminal Examining Judge, Rolando Sarmiento. That decision to deny Ms. Andrade’s petition of habeas corpus
152
Annex 109. Brief addressed to the Chair and members of the National Parliament’s Human Rights Commission. Received at the Human
Rights Commission of the Chamber of Deputies on November 21, 2000. Attachments that the petitioners brought from Bolivia, February 2004.
153
Annex 25. Brief that the Prosecutor on the case, Dr. Daen Nigly Aguado Aranibar, Office of the Public Prosecutor of the Nation, La Paz
District Attorney’s Office, to the President and Members of the La Paz Judicial District’s Trial Court, dated June 7, 2004. Attachment to the
petitioners’ brief of November 26, 2004.
154
Annex 15. Decision No. 339/03 of the Office of the Public Prosecutor of the Nation, District Attorney’s Office La Paz-Bolivia, plaintiff:
Office of the Vice Minister of Justice. Attachment to the State’s brief of May 2, 2003.
155
Annex 25. Brief that the Prosecutor on the case, Dr. Daen Nigly Aguado Aranibar, Office of the Public Prosecutor of the Nation, La Paz
District Attorney’s Office, to the President and Members of the La Paz Judicial District’s Trial Court, dated June 7, 2004. Attachment to the
petitioners’ brief of November 26, 2004.
156
Reported by the petitioners and not refuted by the State.