35. In the Street Lamps case, the State asserts that according to the report of the Committee
of Public Participation and Decentralization, serious evidence was uncovered pointing to the
criminal culpability of Mrs. Andrade in the purchase of some street lamps for the city of La Paz.
On the subject of the Mendieta case (Villa Ayacucho) the State asserts that the alleged victim,
while serving as Chair of the City Council, issued Municipal Ordinance No. 151/98 in which she
failed to observe the mandates established in Supreme Order No. 231 of October 21, 1997. It
adds that she was charged with the crime of contempt of decisions in proceedings ofhabeas
corpus and constitutional amparo and of adopting decisions that were contrary to the
Constitution and the law.
36. With reference to the Mallasa case, the State asserts that as Chair of the La Paz City Council,
Mrs. Andrade, although aware of the criminal business involving the Mallasa national park, never
ordered the respective inspection and never took the appropriate measures against those
responsible. As for the Esin case, the State asserts that the alleged victim failed to conduct
responsible oversight of the municipal executive. As a result, the State contends, both in the
various audit reports and the reports of the comptroller, significant irregularities were found with
respect to the signature on and extension of certain contracts.
37. As for the arguments of law, the State alleges that the six criminal cases instituted against
the alleged victim were supported by serious evidence of criminal responsibility and that in each
case, the right to presumption of innocence was respected. The State acknowledges the delay
in processing the criminal cases, but argues that the delay was attributable to Mrs. Andrade and
to the manner in which she has exercised her right of self-defense and her right to be represented
by counsel. The State makes specific reference to the series of petitions of habeas corpus that
the alleged victim filed to obtain her release.
38. The State underscores its contention that the right to access the courts was guaranteed to
the alleged victim through various procedural mechanisms that recognize the principles
established in the Convention. It argues that the petitions filed by Mrs. Andrade in exercise of
this right were settled as promptly as possible, and while observing the rights of the accused.
39. The State argues that the Constitutional Court decided promptly, effectively, and impartially
the petitions of habeas corpus that Mrs. Andrade filed and ruled in her favor. It states further
that as a consequence of the efforts made and the complaint filed by the Vice Minister of Justice
with the Attorney General of the Nation, an inquiry was instituted with the domestic courts
against Judges Constancio Alcon Paco, Rolando Sarmiento and former Judge Alberto Costa
Obregón. It reports that the Prosecutor assigned to the case has opened case 3870/03 against
the afore-named judges who are charged with the crimes of unlawful incarceration, decisions
contrary to the Constitution and the law, dereliction of duty and contempt of the rulings handed
down in the habeas corpus and constitutional amparo proceedings. The accused were formally
indicted on November 27, 2003.
40. As for the alleged violation of the right to property, the State claims that Mrs. Andrade
remains in possession of her assets, with only the most minimal restriction on her right to dispose
of them freely. That restriction would be immediately lifted in the event that she was acquitted.
As to the alleged violation of the right to freedom of movement, the State asserts that the
precautionary measure ordering her not to travel beyond the court’s jurisdiction is allowed by
law and was applied by the competent judicial authority as required by law.
41. As for the admissibility requirements, the State argues that the petitioners did not exhaust
the remedies under domestic law. It is therefore asking the Commission to declare the petition
inadmissible. First, the State indicates that Bolivian law provides for a remedy of constitutional
amparo. Its contention is that although this remedy is both adequate and effective, it was not
invoked in any of the criminal cases prosecuted in the national courts. Second, the State
observes that Mrs. Andrade did not file a petition of complaint with the Ombudsman, whose
authorities include that of investigating acts or omissions that imply violations of the human
rights recognized in the Constitution of Bolivia. The State’s third argument is that the petitioner
did not avail herself of yet another remedy, which is the complaint with the Council of the
Judiciary. This remedy can be used to get civil and criminal penalties imposed on officials whose
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