ordered instead of bail, arguing that she did not have 80,000 bolivianos. She therefore asked the court to allow her to post bail in the form of an automobile owned by a relative and to accept another person’s bail bond, pursuant to Article 141(3) of the Code of Criminal Procedure.45 The hearing to consider substituting monetary bail with an alternative form of bail was held on October 10, 2000, where the court agreed to accept the car instead of monetary bail.46 108. On October 11, 2000, Ms. Andrade petitioned the Judge of the Third Criminal Examining Court to issue the order, so that the vehicle offered and accepted as bail could be registered with the Santa Cruz de la Sierra District Traffic Office.47 Ms. Andrade also asked the judge to issue her release warrant once the administrative bureaucratic procedures had been completed.48 109. On October 23, 2000, the Gader case was nullified until the case was randomly assigned, on the grounds that the case had not been legally instituted since the judge who was to hear the case was not selected at random. The case went to the Seventh Criminal Examining Court,49 which refused to put a halt to Ms. Andrade Salmón’s pre-trial detention, a decision that was appealed.50 110. On November 7, 2000, the Judge of La Paz Seventh Criminal Examining Court issued the order to investigate 12 persons, one of whom was Ms. Andrade, on the grounds that her conduct fit the conduct criminalized in Article 335 (fraud), article 132 (criminal conspiracy), and article 224 (mismanagement of public resources) of the Penal Code. The Judge set November 14, 2000 as the date on which Ms. Andrade’s preliminary statement would be taken.51 On November 8, 2000, then Mayor Juan del Granado Cossio filed a criminal complaint and became a civil party to the case being prosecuted against some 18 persons, among them Ms. Andrade, on the grounds that “as President of the City Council,” she had allowed “payments to GADER SRL to continue.” The court agreed to hear the complaint on November 10, 2000.52 111. On November 14, 2000, Ms. Andrade Salmon’s preliminary statement was taken53 and the hearing on precautionary measures was held.54 At that hearing, the Seventh Criminal Examining Judge ordered her pre-trial detention “because that was the order, given by my authority, during the public hearing 45 Annex 9. Brief that María Nina Lupe del Rosario Andrade Salmón addressed to the Third Criminal Examining Judge, dated October 4, 2000. Attachment to the State’s brief of June 14, 2004. 46 Annex 119. Record of the hearing on substitution of bail, October 10, 2000, signed by Alberto Costa Obregón, Third Criminal Examining Judge. Attachments that the petitioners brought from Bolivia, February 2004. 47 Annex 10. Brief that María Nina Lupe del Rosario Andrade Salmón addressed to the Third Criminal Examining Judge, dated October 11, 2000. Attachment to the State’s brief of June 14, 2004. 48 Annex 10. Brief that María Nina Lupe del Rosario Andrade Salmón addressed to the Third Criminal Examining Judge, dated October 11, 2000. Attachment to the State’s brief of June 14, 2004. 49 Annex 15. Decision No. 339/03 of the Public Prosecutor of the Nation, Office of the La Paz District Attorney in Case No. 3870/03: Office of the Vice Minister of Justice. Attachment to the State’s brief of May 2, 2003. During the processing of the case, the petitioners reported that on October 23, 2000, the Constitutional Court of Bolivia decided an appeal filed by another co-defendant and declared the process null and void until such time as the case was randomly assigned, since neither the principal case nor the precautionary measures had been randomly assigned. 50 Annex 21. Constitutional Court. Constitutional Judgment No. 028/01-R of January 16, 2001, in case file 2000-01-1964-05-RUC. Attachment to the petitioners’ brief of May 11, 2001. 51 Annex 11. Court order instituting preliminary proceedings, dated November 7, 2000, signed by Dr. Constancio Alcón, Judge of La Paz’ Seventh Criminal Examining Court. Attachment to the State’s brief of June 14, 2004. 52 Annex 12. Brief that Juan del Granado Cosio, Mayor of La Paz, addressed to the Seventh Criminal Examining Judge, dated November 8, 2000. Attachment to the State’s brief of June 14, 2004. 53 Annex 120. Record of the hearing in which María Nina Lupe del Rosario Andrade gave her preliminary statement. Attachments that the petitioners brought from Bolivia, February 2004. 54 Annex 121. Record of the Public Hearing on Precautionary Measures, November 14, 2000. Attachments that the petitioners brought from Bolivia, February 2004.

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