came to the Mayor’s Office alleging irregularities in the Office of the Director General of Pensions (which is
under the Ministry of the Treasury) involving 1,186,000.00 bolivianos deposited into the private account of
Mr. Enrique Penny Bardelli; this amount of money should have been deposited in the account of the Office of
the Director of Pensions as social contributions accrued by employees of the municipality.
29.
The petitioners observe that on December 15, 1999, then Mayor Andrade reported the fraud
to the Judicial Police (Policía Técnical Judicial – PTJ) to have the matter investigated. They note that on
December 17, 1999, the Office of the City Mayor filed a formal complaint with the Public Prosecutor’s Office
against the persons suspected of being responsible for the fraud. The petitioners state that in its first report,
the Judicial Police concluded that there was sufficient evidence of culpability in the case of at least 5 persons,
but neither of them was Ms. Andrade. They indicate that on January 31, 2000, the prosecutor’s indictment
was issued so that proceedings could be instituted against 19 persons. The petitioners state that in the case of
Ms. Andrade, the prosecutor asked that the City Council determine whether there were grounds to prosecute
and did not charge her with any crime. The petitioners observe that the case was docketed with the Seventh
Criminal Examining Judge who on February 2, 2000, issued the order to investigate 19 persons; Ms. Andrade
was not named among them. They point that the Mayor’s Office did not file a complaint against Ms. Andrade,
either, and that the report of the Financial Investigation Unit (FIU) did not hold her responsible for the act;
instead, it concluded that funds had been siphoned off into the SERAMEC account, whose legal representative
was Mr. Juan Enrique Penny Bardelli, who then funneled those funds to members of the Gader company.
30.
The petitioners state that the PTJ’s expanded report concluded that there was no evidence
implicating Ms. Andrade in any crime. They state that the prosecutor sent this report to the Seventh Criminal
Examining Judge, who then sent the case up to the Superior Court of Justice to institute a special case against
Ms. Andrade under a special procedure known as “Caso Corte”, despite the fact that there was no evidence
against her. The petitioners explained that the procedure known as “Caso Corte” was a special legal
proceeding used to judge high-ranking public officials and was notorious for the fact that no one was ever
convicted. It was, therefore, routinely used to protect “political arrangements” because, by law, this special
jurisdiction supplanted the regular courts in these special cases. The petitioners contend that all the accused
attempted to implicate Ms. Andrade who, because of her office, was to be prosecuted through that special
legal proceeding. They point out that once the case was opened in this “jurisdiction of privilege”, all the
defendants were released and the process came to a standstill for some months. Then, on June 20, 2000, the
Constitutional Court declared this special procedure unconstitutional, whereupon all the proceedings
conducted in the case were declared null and void.3
31.
The petitioners observe that on July 26, 2000, the Eighth Criminal Examining Judge returned
the case to the Seventh Criminal Examining Judge to resume proceedings in the case before ordinary courts.
They report that on August 19, 2000, they therefore asked the Eighth Judge to nullify the proceedings and
exclude Ms. Andrade from the case since the case prosecuted in the regular courts did not name her among
the defendants. The petitioners assert that the La Paz Mayor’s Office filed a challenge seeking disqualification
of the Seventh Examining Judge, which was upheld, whereupon the case was sent to the Eighth Criminal
Examining Judge. Ms. Andrade appeared before the Eighth Judge on September 26, 2000, and again asked
him to declare the proceedings conducted against her to be null and void. The petitioners report that the case
file was referred to the prosecutor for an opinion, which was issued on October 31, 2000. The Prosecutor
asked to expand charges against Ms. Andrade with the crimes of dereliction of duty, mismanagement of public
resources and fraud. The petitioners state that on November 29, 2000, the Eighth Criminal Court expanded
the court order opening an investigation to include Ms. Andrade Salmón and four other persons.
32.
They assert that on December 18, 2000, Ms. Andrade’s preliminary statement was taken and,
in the hearing on precautionary measures held immediately thereafter, the Eighth Examining Judge decided
to order other alternatives to pre-trial detention in Ms. Andrade’s case. The petitioners point out that for two
3
The petitioners reported that in Circular No. 29/2000, of August 22, 2000, the Constitutional Court held that the cases prosecuted in
“jurisdictions of privilege” were permanently and henceforth abolished effective June 1, 1999.