j. After rejecting a request for expiry of the criminal action for reaching the maximum length of such a proceeding,106 on May 10, 2007, the First Criminal Chamber of the Superior Court of Justice of Cochabamba ruled again on the limited appeal, annulling the judgment under appeal and ordering the case sent back for a new trial before another trial court. However, that ruling was based exclusively on the cassation decision of the Supreme Court of Justice of the Nation, as the chamber insisted in its rationale that “both the complainant and the accused recognized having had sexual relations on not one but on several occasions" and that there was no evidence or allegation of physical violence, nor was sexual intimidation proven.107 This ruling was subject to a cassation by Eduardo Gutiérrez on June 22, 2007.108 That remedy was declared inadmissible by the Second Criminal Chamber of the Supreme Court of Justice on December 3, 2007.109 3. Third criminal proceeding110 a. With the case sent back following the annulment of the judgment of Trial Court No. 2, the process was first brought before Trial Court No. 1,111 before which the accused appeared on January 25, 2008.112 After the Trial Courts No. 1 and 2 recused themselves from the case for already having been involved in it,113 the proceeding was finally placed before Trial Court No. 3 of Cochabamba on July 15, 2008,114 before which Eduardo Gutiérrez’s attorneys appeared with a power of attorney granted in Colombia.115 b. On August 20, 2008, almost seven years after the facts took place, Brisa was subjected to a new forensic gynecological examination, in compliance with an order issued by the Trial Court No. 3 on August 1, 2008.116 c. On September 22, the date scheduled for the beginning of the oral trial, it was suspended due to the absence of the accused, with the Court noting for the record that his attorneys could not act on his behalf, as he was accused of committing a crime.117 However, it should be noted for the record that, through the Colombian Consul in La Paz, Bolivia, the accused sent a letter dated September 16, 2008, to the Court referring to the six years during which he had been subjected to two annulled trials. It noted the power of attorney granted to his lawyers to represent him, provided information on his domicile in Colombia, and included certifications from a travel agency attesting that it had not been possible to obtain tickets from Cali, Colombia to La Paz, Bolivia by September 22, 2008.118 d. After publishing notifications to the accused in the form of edicts, appointing an attorney for him ex officio, and rejecting all the filings of the attorney who normally represented the accused and to whom he had granted the power of attorney,119 on October 28, 2008, the Court found him to be in contempt of court, Second criminal proceeding B, pages 592-617. Judgment, First Criminal Chamber of the Superior Court of Justice of Cochabamba, May 10, 2007. Second criminal proceeding B, pages 619-621. 108 Cassation appeal. Second criminal proceeding B, pages 668-674. 109 Judgment, Second Criminal Chamber of the Supreme Court of Justice of the Nation. Sucre, December 3, 2007. Second criminal proceeding B, pages 688-688vta 110 Document attached to the comments on the merits of Bolivia, May 11, 2018, Annex 3 A – criminal process pursued by the Office of the Public Prosecutor and private prosecution of José Miguel de Angulo, Luz Stella Losada de Angulo, and Brisa Liliana de Angulo Losada against Eduardo Gutiérrez Angulo for the crime of aggravated rape (“third criminal proceeding"). 111 Resolution of Trial Court No. 1, Cochabamba, Bolivia, January 21, 2008. Third criminal proceeding A, page 1. 112 Third criminal proceeding A, page 4. 113 Third criminal proceeding A, page 28 and 34. 114 Third criminal proceeding A, page 47. 115 Third criminal proceeding A, page 98-100. 116 Forensic medical report, Dr. Miriam Rocabado, August 20, 2008. Document attached to additional comments on the Merits, Brisa Liliana de Angulo, August 7, 2017, pg. 39. 117 Record of suspension of the oral trial. Trial Court No. 3 of Cochabamba, September 22, 2008. Third criminal proceeding A, page 205. 118 Third criminal proceeding A, page 206. 119 Document attached to the comments on the merits of Bolivia, May 11, 2018, Annex 3 B – criminal process pursued by the Office of the Public Prosecutor and private prosecution of José Miguel de Angulo, Luz Stella Losada de Angulo, and Brisa Liliana de Angulo Losada against Eduardo Gutiérrez Angulo for the crime of aggravated rape (“third criminal proceeding B”), page 223-340. 106 107 14