166. On September 15, 2005, Ms. Andrade filed an appeal challenging the earlier decision. Her
appeal was denied by a decree of September 16, 2005, issued by an appeals court.186
167. On November 28, 2005, the Government of La Paz requested that the case be continued and
asked that the rest of appellants be notified that their motion to have the case declared time-barred had been
denied on April 19, 2004, so they could present their appeal.187
168. On September 11, 2006, the Second Criminal Chamber held a decision on the appeal
challenging the January 28, 2004 conviction, and acquitted Ms. Andrade of any wrongdoing with respect to
the mismanagement of public resources (Article 224 of the Penal Code); her sentence for that crime was
annulled since her conviction was based solely on prima facie evidence.188 Many of those convicted and the
Government of La Paz filed cassation appeals to challenge that decision, which the Second Criminal Chamber
of the Supreme Court decided on October 27, 2011.189
169. In its ruling of October 27, 2011, the Supreme Court held that Ms. Andrade Salmón was
guilty of the crime of mismanagement of public resources, criminalized and a punishable offense under
Article 224, part one, of the Penal Code. It sentenced her to three years in La Paz’ Obrajes Prison, and ordered
her to pay the State and the civil plaintiff civil damages and costs. In explaining the guilty verdict delivered in
the case of Ms. Andrade Salmón, the Supreme Court reasoned as follows:
…In routing slip No 2673 of November 18, 1998, issued by former Mayor Germán Andrés
Monroy Chazarreta, he orders that payments to the Office of the Director General of Pensions
be made through an illegal procedure. That routing slip had a number of consequences, one
of which was that the defendant ordered three payments of differing amounts to the firm
called SERAMEC, without first thoroughly reviewing the supporting documentation
explaining the outlays made with La Paz city funds and without compiling information to
confirm the legality of the payment transactions, which was her duty as the highest
executive authority of the Government of La Paz; furthermore, while confidential report
UIF/AF/001/00 does not include Ms. Andrade on the list of persons responsible for
siphoning funds, it is no less true that Civil Liability Report No. AEIº-026/2000, prepared by
the Audit Commission of the La Paz Mayor’s Office, found that a number of officials bore civil
liability, one of whom was María Nina Lupe del Rosario Andrade Salmón. All these actions
were detrimental to the assets of the city of La Paz, as a result of the mismanagement in city
government…190
170. In February 2012, the petitioners reported that the Supreme Court had overturned that
ruling and had convicted Ms. Andrade for dereliction of duty and sentenced her to three years in prison. She
was awaiting notification. The petitioners stated that they were going to request conditional suspension of
the sentence, since it is less than or equivalent to three years. The State and the petitioners pointed out that
the decision of October 27, 2011 is res judicata, and the sentence has not yet been enforced.
186
Annex 38. La Paz District Superior Court, May 12, 2006, Report to Dr. Ricardo Alarcón Pozo, President of the District Superior Court,
signed by Dr. Dora Villarroel de Lira, Member, Second Criminal Chamber, Superior Court, La Paz-Bolivia. Attachment to the State’s brief of June
28, 2006.
187
Annex 38. La Paz District Superior Court, May 12, 2006, Report to Dr. Ricardo Alarcón Pozo, President of the District Superior Court,
signed by Dr. Dora Villarroel de Lira, Member, Second Criminal Chamber, Superior Court, La Paz-Bolivia. Attachment to the State’s brief of June
28, 2006.
188
Annex 46. Resolution. No. 58/2006, District Superior Court, Second Criminal Chamber. Information that the petitioners supplied
during the working meeting held at IACHR headquarters in November 2006 and forwarded to the State via a communication dated December
12, 2006.
189
Annex 103. Supreme Order No. 266, Sucre 27/10/2011, Second Criminal Chamber. Attachment to the petitioners’ brief of February
14, 2012.
190
Annex 103. Supreme Order No. 266, Sucre 27/10/2011, Second Criminal Chamber. Attachment to the petitioners’ brief of February
14, 2012.