19.
She added that on December 12, 2007, the Second Criminal Court issued a
decision i) sentencing three of the accused to three years in prison as perpetrators of the
crimes of armed insurrection against the security and sovereignty of the State, terrorism, and
concealment, in addition to being complicit in the crime of murder; 2 ii) sentencing six of the
accused to three years in prison for the crime of concealment and false testimony; iii)
sentencing one of the accused to two years in prison for the crime of concealment; and iv)
acquitting six of the accused of the crimes of false testimony and concealment. The decision
indicates the existence of criminal acts against other persons not included within the scope of
the order, for which purpose the record was referred to the Office of the Public Prosecutor for
the respective action.
20.
The petitioner reported that she filed an appeal with the District Superior
Court because she felt that due to “poor legal handling” on the part of the judge, the decision
imposed “ridiculous penalties” on most of the accused. She added that when a second
instance decision was handed down confirming nearly all points of the first instance decision,
she filed a cassation appeal with the Supreme Court of Justice. She noted that the decision
in this appeal remains pending as of this date.
21.
She alleged that throughout this process a series of irregularities have been
committed that, in her view, have resulted in a denial of justice. As an example, she
mentioned that the process has been carried out extremely slowly, that deadlines established
by domestic legislation for each stage in the process have not been met, and that hearings
were often suspended due to the failure to appear of both the prosecutor and the accused,
but the judge in the case did not use the legal mechanisms available to ensure their
appearance. She emphasized that the judge failed to adopt measures to speed up the
process, even though the dilatory strategy employed by the accused by obvious. 3 She
indicated that the result was an evidence stage that lasted six years, in which there were
periods of inactivity such as the year 2005 during which only three hearings were held, with
a similar situation in 2006. She specified that the evidence stage concluded in September
2006 and that the indictment was issued in May of 2007.
22.
The petitioner mentioned that the negligent attitude of the court authorities
is also reflected in the lifting of precautionary measures issued against the only person
convicted for the most serious crimes, who was not deemed to be in contempt. She
emphasized that although this is a very dangerous person, he is free and intimidating the
relatives of the alleged victim.
23.
The petitioner also alleged that the judge in the case did not require the
processing of highly important evidence, such as statements from senior ranks responsible
for the event, including Luís García Meza. She emphasized that in an interview submitted by
him, he mentioned some data on the fate of the body of Marcelo Quiroga Santa Cruz. In the
petitioner’s view, the statement of Mr. García Meza could have shed light on what happened
to Juan Carlos Flores Bedregal as well. She added that, nonetheless, the hearing at which
the former President was to make a statement was suspended due to health issues, without
a new hearing being set for a later date. She stated that the judge in the case decided to
close the evidentiary phase without hearing this statement. According to the petitioner, this
2 According to the text of the decision, provided as an annex by the petitioner, two of the
three persons convicted were held to be in contempt.
3 She explained that this strategy consisted of an accused’s failure to appear at each hearing
in order to achieve a suspension.