time as the case was randomly assigned, as neither the principal case nor the hearing concerning the
precautionary measures had been randomly assigned. Based on that Court ruling, on October 26 and
November 3, 2000, Ms. Andrade’s defense asked the Third Criminal Examining Judge to issue the warrant for
Ms. Andrade’s release by virtue of the fact that the proceedings had been declared null and void. Her defense
counsel never received any reply to her brief.
23.
The petitioners state that on November 7, 2000, the Seventh Criminal Examining Judge
issued the order to investigate 12 persons, one of whom was Ms. Andrade. In addition to the crimes of fraud
and criminal conspiracy, she was suspected of mismanagement of public resources. The petitioners state that
Ms. Andrade made her preliminary statement on November 14, 2000, and once it was finalized, the Seventh
Judge held the hearing on precautionary measures, where the prosecutor requested ratification of the
precautionary measure prescribed by the Constitutional Court and the District Superior Court, which was bail
of 80,000 bolivianos. The petitioners report that on November 15, 2000, Ms. Andrade’s defense counsel
appealed the order of pre-trial detention and on December 1, 2000, the Second Criminal Chamber set bail at
3,000,000 bolivianos. Ms. Andrade therefore had to remain in custody, as she did not have the funds to post
bail.
24.
The petitioners stated that on December 2, 2000, Ms. Andrade’s defense counsel filed a
second petition of habeas corpus, which the First Civil Chamber denied. On December 7, 2000, the First Civil
Chamber held a habeas corpus hearing and declared the petition inadmissible, despite the fact that the
prosecutor had come out in favor of the petition. The petitioners stated that on December 14, 2000, Ms.
Andrade’s defense counsel presented arguments before the Constitutional Court and that on January 16, 2001
the Constitutional Court upheld the petition and granted a writ of habeas corpus. The Court wrote that based
on the statements of Ms. Andrade’s assets and net worth, presented by her defense counsel, Ms. Andrade
would not have been able to post bail. The Court, therefore, ordered that alternatives be ordered that were
not impossible for the defendant to meet. The petitioners point out that on January 22, 2001, Ms. Andrade’s
defense counsel asked the Seventh Civil Examining Judge to set the date for the hearing to determine the
alternative precautionary measures. That hearing was set for February 6, 2001, where the court set bail at
40,000 bolivianos. On February 10, 2001, Ms. Andrade was released.
25.
The petitioners maintain that no further hearings were held until June 2002 and that the
process remained in the investigative phase. They also note that before the case was opened and the hearing
held, all proceedings leading up to the judge’s final instruction in the preliminary proceedings were declared
null and void because of the procedural errors; that final instruction in the preliminary phase had to be issued
again. The petitioners report that on August 19 and September 16, 2004, they filed a motion to have the
criminal case time-barred because the maximum period that a case of that nature is allowed to continue
under the Code of Criminal Procedure had been exceeded. They add that these motions were denied on the
grounds that the alleged victim had caused the delay in the proceedings.
26.
In mid 2009, the petitioners reported that Ms. Andrade was cleared on January 18, 2007, but
that the The Mayor of La Paz’s Office had appealed the verdict, with the result that the precautionary
measures remained in force. In October 2010, the petitioners reported that although the provisional stay had
been confirmed by the District Superior Court, under the Code of Criminal Procedure the case could be
reopened if new evidence came to light within the first year following notification of the accused’ exoneration.
They pointed out that to get the case reopened, the La Paz Mayor’s Office had introduced new evidence in the
form of old statements made by persons accused in the case.
27.
In September 2011, the petitioners reported that the Gader case had been reopened even
though there was no new evidence; in February 2012, they reported that Ms. Andrade “had again be
acquitted” and that they were in a waiting period, as the Mayor’s Office could still appeal the verdict.
2.
Guaglio or Pensions Case (Ham versus Monroy)
28.
The petitioners state that this case is related to the Gader case and that proceedings in the
two cases were constantly crossing paths. The petitioners point out that on December 14, 1999, a complaint