excepción”]. The contract was for US$ 1,800,000.11 The City Council of La Paz approved this contract on
December 7, 1999, when Ms. Andrade was serving as Mayor of La Paz.12
97.
On January 21, 2000, the Government of La Paz sent a Report of the Financial Investigation
Unit (FIU) to the La Paz District Attorney. The report detailed how 12,224,389.80 bolivianos in city funds had
been siphoned off and diverted elsewhere, and established that there was no oversight of the Government of
La Paz’s check issuance process, which implied blame on the part of the officials who authorized and signed
the checks. The District Attorney was therefore asked to undertake the corresponding investigation and
criminal prosecution.13 The FIU report stated that “the irregularities described above would be directly
associated with the laundering of the illicit proceeds (money laundering) from suspected crimes committed
by public officials in the performance of their functions (corruption).”14
98.
Subsequently, on March 1, 2000, Mayor Juan del Granado Cosio asked the Auditor General of
the Government of La Paz to conduct an audit of the tendering, award of the winning tender, contracting of
and payments made to GADER SRL. The audit, delivered on March 22, 2000,15 recommended that, because
there were signs suggesting criminal liability, the corresponding actions should be brought against former
Mayor Germán Monroy and 7 other persons, in furtherance of articles 6116 and 6217 of Supreme Decree No.
23318-A. Ms. Andrade was not among those named in that audit report.
99.
On March 23, 2000, then La Paz Mayor Juan del Granado Cosio filed a complaint with the
Public Prosecutor’s Office in which he alleged that a number of former city officials and other persons
committed criminal acts. He also requested that the conduct of the former members of the City Council who
had approved the “fraudulent contract” on December 7, 1999 be investigated.18
100. On April 26, 2000, the Public Prosecutor’s Office took a statement from Ms. Andrade for
informational purposes. During her statement she was told that she had 48 hours in which to present
exculpatory evidence.19 On May 8, 2000, the Prosecutor’s Office filed a request with the Third Criminal
Examining Judge, asking him to issue the order to investigate 17 persons, one of whom was Ms. Andrade
11
Annex 1. Audit Commission’s Report AIE-016/2000, addressed to the Honorable Mayor of La Paz, Dr. Juan del Grando Cosio, concerning
the special audit of the bidding, contracting and criminal liability, March 22, 2000, p. 11. Attachment to the petitioners’ brief of June 20, 2002.
12
Annex 1. Audit Commission’s Report AIE-016/2000, address to the Honorable Mayor of La Paz, Dr. Juan del Grando Cosio, concerning
the special audit of the bidding, contracting and criminal liability, March 22, 2000, p. 13. Attachment to the petitioners’ brief of June 20, 2002.
13
Annex 115. Financial Investigation Unit’s Report to Dr. Corina Machicao, La Paz District Attorney, dated January 21, 2000. Attachments
that the petitioners brought from Bolivia, February 2004.
14
Annex 115. Financial Investigation Unit’s Report to Dr. Corina Machicao, La Paz District Attorney, dated January 21, 2000. Attachments
that the petitioners brought from Bolivia, February 2004.
15
Annex 1. Audit Commission’s Report AIE-016/2000, addressed to the Honorable Mayor of La Paz, Dr. Juan del Granado Cosio,
concerning the special audit of the bidding, contracting and criminal liability, March 22, 2000, p. 1. Attachment to the petitioners’ brief of June
20, 2002.
16
Article 61 of Supreme Decree No. 233180-A: “(indicia of criminal wrongdoing). Public servants or other contract professionals who
discover indicia suggesting that a crime has been committed, shall prepare a careful and confidential document reporting their suspicions to the
appropriate legal office. The report shall contain an account of the acts or omissions, and shall include the evidence, or information as to where
such evidence can be found.
17
Article 62 of Supreme Decree No. 23318-A: “The competent authority shall immediately report the facts in a legal report filed with the
Public Prosecutor���s Office or, if appropriate, shall forwarded the respective complaint. Where appropriate, the competent authority shall
become a civil party to the matter; the highest ranking executive officer and principal legal advisor shall be required to pursue the prosecution
of the case to its conclusion.”
18
Annex 110. March 23, 2000 complaint filed by Juan del Granado Cosio with the Representative of the Public Prosecutor’s Office,
concerning criminal acts. Attachments that the petitioners brought from Bolivia, February 2004.
19
Annex 111. Informative statement given by Maria Nina Lupe del Rosario Andrade on April 26, 2000. Attachments that the petitioners
brought from Bolivia, February 2004.