complaint and becoming a civil party to this case.217 On July 19, 1999, two national deputies, Juan del Granado
Cossio and Wilfredo Calzada Limache, filed a complaint against the former Mayor of La Paz.218
183. On January 10, 2000, the Prosecutor’s Office expressed its opinion that an investigation
should be opened with regard to former mayor Germán Monroy and others for the crimes of mismanagement
of public resources, contracts prejudicial to the State’s interests, decisions that contravene the Constitution
and the laws, and dereliction of duty.219 On September 8, 2000, the Police issued a report containing its
findings from the inquiries conducted. On January 29, 2001, a criminal investigation was issued of former
Mayor Germán Monroy Chazarreta and 35 other people, one of whom was Ms. Andrade Salmón.220 Ms. María
Nina Lupe del Rosario Andrade Salmón was charged with dereliction of duty and failure to file a complaint
(articles 154 and 178 of the Penal Code, respectively).221
184.
Between March and November 2001, 23 preliminary statements were taken; 29 were
suspended because, in most cases, proper notification was not served or the prosecutor was absent; on 16
occasions they were suspended because the suspect or his or her attorneys did not attend or were absent for
reasons of illness.222 In that same period, March to November 2001, most of the suspects raised preliminary
prejudicial issues requiring a special pronouncement from the court; one petition of constitutional amparo
and appeals were filed challenging the order to investigate and the court-ordered precautionary measures.
They availed themselves of the other remedies, which the competent courts then had to decide.223 During
2002 and part of 2003, the Court continued to take statements and to decide motions and appeals filed by the
suspects.224 On April 9, 2001, Ms. Andrade Salmón filed a petition to have the original order instituting
preliminary proceedings revoked, which was denied on August 13, 2002.225
185. Subsequently, the Fourth Criminal Examining Judge recused himself from further
consideration of the case. The case then went to the Fifth Criminal Examining Judge (Liquidador).226 On
November 7, 2002, Ms. Andrade Salmón made her preliminary statement. That same day, the court ordered
that she could remain at liberty, with the following as alternatives to pre-trial detention: 1) she was to appear
at the court every Saturday at 9:00 a.m. to sign the attendance book; 2) she was ordered confined to the
jurisdiction of the court; and 3) she was ordered to designate a bail guarantor who was to be jointly and
217
Annex 89. Second Criminal Trial Court of the District Superior Court reports to the First Criminal Trial Court Judge (Liquidador), February
2005. Attachment to the State’s brief of September 11, 2006.
218
Annex 85. Decision No. 31/2005 of April 19, 2005, First Criminal Trial Court (Liquidador). Attachment to the petitioners’ brief of March
26, 2006.
219
Annex 89. Second Criminal Trial Court of the District Superior Court reports to the First Criminal Trial Court Judge (Liquidador), February
2005. Attachment to the State’s brief of September 11, 2006.
220
Annex 85. Decision No. 31/2005 of April 19, 2005, First Criminal Trial Court (Liquidador). Attachment to the petitioners’ brief of March
26, 2006.
221
Annex 84. Decision No. 166/03 of the La Paz Fifth Criminal Examining Judge (Liquidador), Final Instruction of September 8, 2003.
Attachment to the brief of March 26, 2006.
222
Annex 89. Second Criminal Trial Court of the District Superior Court reports to the First Criminal Trial Court Judge (Liquidador), February
2005. Attachment to the State’s brief of September 11, 2006.
223
Annex 85. Decision No. 31/2005 of April 19, 2005, First Criminal Trial Court (Liquidador). Attachment to the petitioners’ brief of March
26, 2006; Annex 89. Second Criminal Trial Court of the District Superior Court reports to the Judge of the First Criminal Trial Court (Liquidador),
February 2005. Attachment to the State’s brief of September 11, 2006.
224
Annex 89. Second Criminal Trial Court of the District Superior Court reports to the First Criminal Trial Court Judge (LIquidador),
February 2005. Attachment to the State’s brief of September 11, 2006.
225
Annex 86. May 16, 2003 report No. 001/2003 of the District Superior Court. Attachment to the State’s brief of June 16, 2003.
226
Annex 86. May 16, 2003 report No. 001/2003 of the District Superior Court. Attachment to the State’s brief of June 16, 2003.