Salmón.20 On May 9, 2000, Ms. Andrade Salmón asked the Third Criminal Examining Judge to return the case to the Public Prosecutor’s Office since the City Government had filed the indictment in violation of the procedure for random selection of the courts that will hear cases.21 The Commission has not been informed as to whether this request was answered. 101. On May 24, 2000, the Mayor of La Paz filed a complaint with the Third Criminal Examining Judge requesting that he order investigation of 8 persons, one of whom was Ms. Andrade, on the grounds that she, “as President of the City Council,” had allowed “payments to GADER SRL to continue.”22 102. On June 21, 2000, the Third Criminal Examining Court expanded the order to investigate Ms. Andrade on the grounds that her conduct fit the conduct criminalized in Article 33523 (fraud) and article 13224 (criminal conspiracy) of the Penal Code; he also added two other names to the order.25 103. On August 2, 2000, the Capital’s Third Criminal Examining Court took a preliminary statement from Ms. Andrade during the investigative proceedings,26 and on August 3, 2000, ordered that she be held in pre-trial detention, based on the preliminary proceedings conducted against her for the crimes of fraud and criminal conspiracy (articles 335 and 132 of the Penal Code), in application of Article 23327 of the Code of Criminal Procedure, but “without elaborating upon the legal considerations.”28 On that same day, August 3, 2000, an order was issued to have her incarcerated in the Women’s Prison.29 20 Annex 112. Office of the Public Prosecutor of the Nation, La Paz District Attorney’s Office, May 8, 2000, signed by Rodolfo Moraira Tórrez, Prosecutor Attached to the La Paz Mayor’s Office.. Attachments that the petitioners brought from Bolivia, February 2004. 21 Annex 113. Brief that Lupe Andrade Salmón addressed to the Third Criminal Examining Judge, dated May 9, 2000. Attachments that the petitioners brought from Bolivia, February 2004. 22 Annex 2. Complaint filed by Juan del Granado Cosio, Mayor of the City of La Paz, with the Third Criminal Examining Judge on May 24, 2000. Attachment to the State’s brief of June 14, 2004. 23 Article 335 of the Penal Code: FRAUD: “Anyone who, in order to secure some undue financial gain for himself or a third party, intentionally and through the use of deceit and trickery, induces another person to act on the disposition of his assets, relying upon the misrepresentation and with the resulting injury or damage to said assets, shall face imprisonment for one to five years and a fine of sixty to two hundred days. 24 Article 132 of the Penal Code: “CRIMINAL CONSPIRACY – A person who is part of a conspiracy of four or more persons whose purpose is to commit crime, shall face a punishment of six months to two years in prison or labor ranging from one month to a year. Any person who is a member of a juvenile gang formed to provoke disorder, commit scandals, engage in slander or any other crime shall face the same penalty.”. 25 Annex 114. Expansion of the original order instituting preliminary proceedings, issued by the Third Criminal Examining Court on June 21, 2000. Attachments that the petitioners brought from Bolivia, February 2004. 26 Annex 116. Record of the hearing in which María Lupe Nina del Rosario Andrade Salmón gave her preliminary statement, August 2, 2000, before the Third Criminal Examining Court. Attachments that the petitioners brought from Bolivia, February 2004; Annex 22. Petition of habeas corpus that Maria Nina Lupe del Rosario Andrade de Salmón filed with the President and Members of the District Superior Court, dated August 1, 2000. Attachment to the petitioners’ brief of March 30, 2001. 27 Article 233 of the Code of Criminal Procedure: (Prerequisites for pre-trial detention). Once formal charges have been brought, the judge may order the accused’ pre-trial detention, upon a well-reasoned request from the prosecutor or from the victim, whether or not the latter is a plaintiff, provided the following conditions are present: 1. The existence of sufficient information to argue that the accused likely committed or aided and abetted in the commission of a punishable offense. 2. The existence of sufficient information indicating that the accused will be a flight risk or obstruct the inquiry into the facts. 28 29 Annex 3. August 3, 2000 pre-trial detention order. Decision No. 238/2000. Attachment to the State’s brief of June 14, 2004. Annex 4. August 3, 2000 warrant for pre-trial detention, signed by Alberto Costa Obregón, La Paz’ Third Criminal Examining Judge. Attachment to the State’s brief of June 14, 2004.