severally liable with her, and who was to guarantee her presence throughout the proceedings.227 Ms.
Andrade did not file an appeal to challenge these measures.228
186. On February 10, 2003, Ms. Andrade asked that the day designated by the court for her
weekly appearance to sign the attendance book be changed, a request that was granted in a public hearing;
the court ordered that she was to appear at the Fifth Criminal Examining Court (Liquidador) every 15 days;
no change was made to the other measures.229 Ms. Andrade also appealed the initial order instituting
preliminary proceedings; that appeal was also granted.230 Subsequently, Ms. Andrade asked that the court
indicate which documents would have to be submitted to process the appeal; by an order of January 7, 2003,
the Sixth Criminal Examining Judge indicated the relevant documents, which Ms. Andrade had not provided
as of May 16, 2003, as she did not go to the court to have photocopies taken of the requested documents.231
On April 2003, three of her co-defendants were declared in contempt.232
187. On June 11, 2003, the examining proceedings were declared closed; the indictment was filed
on August 5, 2003. The final instruction decision in the preliminary proceedings was issued on September 8,
2003.233 In the Final Instruction decision, the Fifth Criminal Examining Court (Liquidador) of La Paz ordered
more than 20 individuals to stand trial; it also ordered that the case against 9 other persons, including Ms.
Andrade, be provisionally dismissed, “[s]ince the body of evidence is not sufficient to reasonably assume that
the persons in question are guilty of the crimes attributed to them.”234 On September 11, 2003, the
Government of La Paz appealed the Final Instruction. The appeal was granted with a retroactive effect, and
all the proceedings to page 9274 inclusive were nullified.235 On January 27, 2004, the case was docketed with
the Eighth Criminal Trial Judge, who recused himself in response to a challenge filed by one of the defendants.
With that, the case was docketed with the Ninth Criminal Trial Judge, who on April 20, 2004, recused himself
from the case.236
188. On September 16, 2004, Ms. Andrade Salmón and other defendants requested that the
criminal action be time-barred on the grounds that more than 5 years had passed since the case was first
brought. The request was made citing Constitutional Court Judgment 0101/2004 of September 14, 2004, and
Constitutional Court Judgment No. 00792004-CA of September 29, 2004. The First Criminal Court
(Liquidador) denied her request on April 19, 2005, on the grounds that the delay in the case was not the fault
of the court; instead, it was attributable to the conduct of the defendants.237 This decision was appealed and
227
Annex 86. May 16, 2003 report No. 001/2003 of the District Superior Court. Attachment to the State’s brief of June 16, 2003.
228
Annex 86. May 16, 2003 report No. 001/2003 of the District Superior Court. Attachment to the State’s brief of June 16, 2003.
229
Annex 86. May 16, 2003 report No. 001/2003 of the District Superior Court. Attachment to the State’s brief of June 16, 2003.
230
Annex 86. May 16, 2003 report No. 001/2003 of the District Superior Court. Attachment to the State’s brief of June 16, 2003.
231
Annex 86. May 16, 2003 report No. 001/2003 of the District Superior Court. Attachment to the State’s brief of June 16, 2003.
232
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..
233
Annex 85. Decision No. 31/2005 of April 19, 2005, First District Criminal Court (Liquidador). Attachment to the petitioners’ brief of
March 26, 2006.
234
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.
235
Annex 85. Decision No. 31/2005 of April 19, 2005, First Criminal Trial Court (Liquidador). Attachment to the petitioners’ brief of March
26, 2006.
236
Annex 85. Decision No. 31/2005 of April 19, 2005, First Criminal Trial Court (Liquidador). Attachment to the petitioners’ brief of March
26, 2006.
237
Annex 85. Decision No. 31/2005 of April 19, 2005, First Criminal District Court (Liquidador). Attachment to the petitioners’ brief of
March 26, 2006.