54.
Pursuant to the appeal presented by E.G.A. in response to the decision of October 23, 2002,
in a hearing on precautionary measures and an order at the level of appeal, the Second Criminal
Chamber of Cochabamba (hereinafter “Second Criminal Chamber”), ruled on November 1, 2002, to
replace preventive detention with the following measures: (i) the obligation to appear weekly before
the Prosecutor, in order to sign the corresponding register; (ii) a prohibition on leaving the
department and the country, without express authorization, for which it was decided to proceed to
order his preventative detention should he do so, and (iii) the imposition of a financial bond for the
sum of Bs. 50,000 (fifty thousand bolivars).87
55.
On November 5, 2002, the Public Prosecutor’s Office presented formal charges against E.G.A.
for the crime of rape, pursuant to Articles 308 and 310, paragraphs 1 and 2 of the Criminal Code. 88
In turn, on November 15, 2002, Brisa and her parents filed a private prosecution for the crime of
aggravated rape, pursuant to Articles 308 and 310, subparagraphs 1, 2, 3 and 7 of the Criminal
Code.89 That same day, after payment of the bond by E.G.A. (supra para. 54), his release was
ordered on November 1, 2002, under the condition of continuing to comply with the other measures
imposed.90
56.
On December 30, 2002, the Quillacollo Sentencing Court scheduled a hearing to select the
citizen judges who would participate in the trial. Since the required number of judges was not
obtained, the case was sent to the Sentencing Court No. 4 of Cochabamba (hereinafter “Sentencing
Court No. 4”), and the trial was set for March 17, 2003.91
D.1 First Oral Trial
57.
On March 17, 2003, the first trial began. At its opening, the Public Prosecution requested a
conviction for aggravated rape, pursuant to Articles 308 and 310, subsections 1 to 3, of the
Criminal Code.92 For their part, the complainants adhered to the accusation of the crime of
rape, clarifying that the accusation had not been made under the crime of statutory rape
because in the case there was no seduction or deception but rather a lack of consent.93 In
precautionary measure and order on appeal of September 16, 2002 (evidence file, folio 10898), and Record of hearing of
cessation of preventive detention of October 23, 2002 (evidence file, folio 10902). and Record of hearing of precautionary
measure and order on appeal of November 1, 2002 (evidence file, folio 7326).
The decision was made after considering that it had been proven when: (i) the passport and documentation regarding
the defendant's stay in Bolivia and, (ii) his residence. The Second Criminal Chamber considered “the principle by which every
person has the right to defend themself while free.” Cf. Record of hearing of precautionary measure and order on appeal of
November 1, 2002 (evidence file, folios 7324 to 7327).
87
Cf. Record of formal accusation issued by the Public Prosecutor’s Office on November 5, 2002 (evidence file, folios
7328 to 7331).
88
89
Cf. Private prosecution presented by José Miguel De Angulo and Luz Stella Losada on November 15, 2002 (evidence
file, folio 7390).
90
On November 13, 2003, the defendant's request to modify said conditions was denied: (i) replacing the financial
bond with a personal bond; (ii) replacing the departmental preventative detention with national one, and (iii) modifying the
periodic presentation from 7 days to 15 days. Cf. Record of posting of bail of November 15, 2002 (evidence file, folios 10910
to 10911), and Record of public hearing of modification of the precautionary measures of November 13, 2003 (evidence file,
folios 10916 to 10919).
91
Cf. Order to open an oral trial issued by the Quillacollo Sentencing Court on December 30, 2002 (evidence file, folios
9628 to 9629), and Order to reschedule a public hearing issued by Sentencing Court No. 4 of Cochabamba on January 28,
2003 (evidence file, folio 9634).
The initial complaint was made only for the crime of aggravated rape, however, at the oral trial hearing on March 17,
2003, the Public Prosecution, based on recently obtained evidence, requested the extension of the accusation to the crime of
“indecent abuse” (Article 312 of the Penal Code) allegedly committed against other minors in the complainants' family. Cf.
Record of oral trial hearing from March 17 to 25, 2003 (evidence file, folios 7618 to 7619).
92
93
Cf. Record of oral trial hearing from March 17 to 25, 2003 (evidence file, folios 7619 to 7620).
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