against her,6 on October 3, 2000 the Ninth Criminal Examining Judge ordered that preliminary
proceedings against Mrs. Andrade be instituted for “abuse of influence”, “decisions contrary to
the Constitution and the law” and “dereliction of duty.”
23. According to the petitioners, on October 17, 2000, the alleged victim’s preventive detention
was ordered; they further allege that at the respective hearing, she was denied assistance of
her defense counsels, whom the presiding judge threatened to expel from the courtroom. The
petitioner report that on October 25, 2000, Mrs. Andrade filed a petition of habeas corpus which
the First Civil Chamber of the La Paz District Superior Court dismissed as out of order. They add,
however, that by a resolution dated November 10, 2000, the Second Criminal Chamber of the
District Superior Court revoked the order of preventive detention and ordered alternative
measures instead. According to information supplied by the petitioners, the final verdict in this
case has not been delivered. The petitioners argue that throughout the proceeding the alleged
victim was denied the opportunity to exercise her right of defense. By way of example they cite
the fact that the final writ instituting preliminary proceedings, dated December 11, 2002,
included a criminal offense that was not mentioned in the original order instituting preliminary
proceedings.
24. The petitioners observe further that on August 23, 2004 and January 21, 2005, the alleged
victim filed a motion to have the criminal case time-barred. The Second District Receiving Court
for Preliminary Criminal Proceedings denied her motion on November 30, 2005, arguing that the
complexity of the case and the multiple petitions the co-defendants had filed seeking release
delayed the proceedings in the case.
4.
The Mendieta Case (Villa Ayacucho)
25. The petitioners state that this case was brought against certain La Paz officials who, in the
course of enforcing a constitutional writ ordering the deeding of wooded areas as a means to
compensate for expropriation, handed over other lands of equal value. The petitioners emphasize
that at the time of these events, Mrs. Andrade was neither a government official nor a member
of the city council, and hence was not involved in any of the events at the heart of this case.
26. The petitioners state that on January 25, 2000, the Third Criminal Examining Court, which
had included Mrs. Andrade in the Gader case, nonetheless included her name among the
defendants in the order instituting preliminary proceedings. The crimes charged were “contempt
of court” and “decisions that contravene the Constitution and the law.” The petitioners note that
although that court ordered that she be taken into custody, she was granted provisional release
and alternative measures were ordered. The information supplied by the petitioners indicates
that a settlement of this case is currently being worked out between the Municipality of La Paz
and the civil party to the case, and that the hearing that would close this case has still not been
held.
5.
The Mallasa Case
27. According to the petitioners, this case concerns the allegedly unlawful sale of land in the
Mallasa National Park by a former Mayor of La Paz and other officials. The petitioners contend
that on January 26, 2001, the Municipal Mayor of the City of La Paz filed a complaint against
Mrs. Andrade claiming that she had failed to take legal action and was therefore derelict in her
duty. The petitioners report that, as alternatives to incarceration, the judge hearing the case
ordered that Mrs. Andrade put up bond, that she submit to a supervised release arrangement
requiring weekly check-ins, and that she be confined to the jurisdiction of the court.
28. According to the petitioners, on September 8, 2003, the Fifth Receiving Court for Preliminary
Criminal Proceedings issued the final investigating court writ and ordered provisional dismissal
of the case against Mrs. Andrade on the grounds that there was no cause to suspect that the
The petitioners state that none of the defendants accused Mrs. Andrade; they also note that the investigations
conducted by the District Attorney, the PTJ and the audit by the Comptroller General of the Republic uncovered no
suggestion of wrongdoing on the alleged victim’s part.
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