that Maria Nina Lupe Andrade put up one of her properties as bail in another case being
prosecuted against her; she has another property mortgaged. Furthermore, because she is
incarcerated, she does not have any income that would enable her to get a loan to post the
bail that the members of the court have set. These factors make it impossible for her to
secure the release on bail that the court granted.66
113. On February 6, 2001, the Seventh Criminal Examining Court held the hearing on alternatives
to pre-trial detention and ordered that: 1) Ms. Andrade was to check in weekly with the court on Saturdays at
9:00 a.m.; 2) she was to be confined to the jurisdiction of the court; 3) she was to post bail in the person of
two financially solvent individuals with a known domicile in this city, which domicile shall be verified or
proof thereof produced; and 4) she was to post financial bail of 40,000 bolivianos.67 On February 9, 2001, the
Judge of the Seventh Criminal Examining Court issued Ms. Andrade’s release warrant.68 Ms. Andrade was
released on February 10, 2001.69
114. On August 24, 2002, La Paz Eighth Criminal Examining Court issued its final examining
decision, which resulted in some 20 persons, one of whom was Ms. Andrade, were indicted.70 The charge
against Ms. Andrade was that during her administration, she had gone ahead with the payments to GADER
SRL, which amounted to over US$1,070,000, and had asked the city council to approve the GADER contract; at
no time was a proper review done of the legal and technical supporting documents the mayor sent to the City
Council.71 That same day, the Eighth Criminal Examining Court issued the order binding 18 persons over for
trial, one of whom was Ms. María Nina Lupe del Rosario Andrade Salmón, on the grounds that “her conduct fit
the conduct criminalized in Article 153 (decisions that contravene the Constitution and the laws) and Article
224 (mismanagement of public resources) of the Criminal Code.”72
115. On December 2, 2002, the criminal case was with the Sixth Criminal Trial Court.73 On
September 18, 2003, the Sixth Criminal Trial Court issued a decision granting Ms. Andrade’s request to have
the order confining her to the court’s jurisdiction lifted for 10 days to enable her to go the headquarters of the
Inter-American Commission on Human Rights in Washington, D.C.74
66
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.
67
Annex 123. Record of the Hearing on Alternatives to Pre-trial detention, February 6, 2001, Seventh Criminal Examining Court.
Attachments that the petitioners brought from Bolivia, February 2004.
68
69
Annex 124. Release warrant dated February 9, 2001. Attachments that the petitioners brought from Bolivia, February 2004.
Reported by the petitioners during the processing of the case with the IACHR.
70
Annex 14. Decision No. 154/2002, Examining Court’s Final Instruction of August 24, 2003, issued by the Capital’s Eighth Criminal
Examining Court (Liquidador) in the investigation that Juan del Granado Cosio, representing the Government of La Paz, sought against Germán
Monroy and others for the crimes of fraud, use of a falsified instrument, contracts detrimental to the State, mismanagement of public
resources, criminal conspiracy, dereliction of duty and cover-up. Attachment to the State��s brief of June 14, 2004.
71
Annex 14. Decision No. 154/2002, Examining Court’s Final Instruction of August 24, 2003, issued by the Capital’s Eighth Criminal
Examining Court (Liquidador) in the investigation that Juan del Granado Cosio, representing the Government of La Paz, sought against Germán
Monroy and others for the crimes of fraud, use of a falsified instrument, contracts detrimental to the State, mismanagement of public
resources, criminal conspiracy, dereliction of duty and cover-up. Attachment to the State’s brief of June 14, 2004.
72
Annex 14. Decision No. 154/2002, Examining Court’s Final Instruction of August 24, 2003, issued by the Capital’s Eighth Criminal
Examining Court (Liquidador) in the investigation that Juan del Granado Cosio, representing the Government of La Paz, sought against Germán
Monroy and others for the crimes of fraud, use of a falsified instrument, contracts detrimental to the State, mismanagement of public
resources, criminal conspiracy, dereliction of duty and cover-up. Attachment to the State’s brief of June 14, 2004.
73
Annex 2. Judicial Report addressed to the President of the Superior Court, Dr. Dora Villarroel de Lira, sent by the Sixth Criminal Trial
Court, Alberto Mendoza Tejerina, concerning the Gader case, dated May 14, 2003. Attachment to the State’s brief of June 18, 2003.
74
Annex 36. Decision No. 86/03, Sixth Criminal Trial Court, delivered in the criminal case of H.A.M. v. Gader for the crime of fraud.
Attachment to the State’s brief of June 14, 2004.