54.
In connection with all the above cases, in September 2006 the petitioners reported that from
a procedural point of view, the cases were at a standstill, except for case known as Guaglio or the pensions’
case. They indicated that as of that date, no examination of the cases had been done, nor had any decision on
the merits been delivered; the only action on these cases had to do with secondary petitions, permits and
other issues like time-barring and precautionary measures.
55.
In their additional observations on the merits, the petitioners alleged that by ignoring the
prerequisites for pre-trial detention described in the Code of Criminal Procedure and by ignoring the
judgments of the Constitutional Court that held that Ms. Andrade’s incarceration was unlawful, the State of
Bolivia has violated articles 7(2), 7(3) and 7(6) of the American Convention.
56.
The petitioners also maintained that by bringing 6 cases against Ms. Andrade, despite official
reports exonerating the alleged victim of any blame, by directing cases to specific judges in violation of the
Bolivian law that requires random selection of courts and judges, by keeping these cases in the investigative
phase for years when Bolivian law requires that the investigative phase shall not last more than 20 days, by
denying the motions to have the cases time-barred in accordance with the laws in force, the Bolivian State
violated Ms. Andrade’s rights to due process and to a presumption of innocence, rights guaranteed under
articles 8(1) and 8(2) of the American Convention. The petitioners also maintain that the above cases are not
so complex as to justify the time that has passed since the cases were first brought; they therefore allege that
the Bolivian State has violated Article 8(1) of the American Convention.
57.
As for the alleged violations of Article 21 of the American Convention, the petitioners
maintain that by freezing Ms. Andrade’s bank accounts, forcing her to post unreasonable bail, and causing the
circumstances that made her unemployable for life because of criminal cases in which her rights to due
process were violated, the Bolivian State has violated the right recognized in Article 21 of the Convention,
especially inasmuch as the precautionary measures ordered in the Gader and Street Lamps cases are still in
effect to this day.
58.
The petitioners also allege that the State has violated articles 22(1), 22(2) and 22(3) of the
American Convention by denying Ms. Andrade a passport, by having ordered her confinement to the court’s
jurisdiction and by prohibiting her from traveling beyond La Paz, even though she has not been convicted of
or sentenced to anything. They maintain that the alleged violations of Article 22 of the Convention are a
consequence of the violations of due process of law. The petitioners argue that for more than nine years, and
in direct violation of Bolivia’s laws on the imposition of precautionary measures in criminal cases, Ms.
Andrade has been unable to move about freely within Bolivia or to leave Bolivian territory at will, in direct
violation of Article 22 of the American Convention.
59.
As for the alleged violation of Article 25 of the Convention, the petitioners contend that by
ignoring the rulings of the Constitutional Court that declared her incarceration to be unlawful, the State
violated Article 25 of the American Convention, since the remedies afforded by the Bolivian State have been
ineffective.
60.
The petitioners state that on December 22, 2004 they reached a Friendly Settlement with the
State, under the procedure provided for in Article 48 of the American Convention, and that while partial
compensation was paid under the terms of the agreement, the Bolivian Government refused to act on the
other terms of the agreement.
B.
The State
61.
The State asserts that on January 23, 1997, the Plurinational State of Bolivia ratified the
Inter-American Convention against Corruption, and within the scope of this Convention the Bolivian State has
established that corruption undermines the legitimacy of public institutions and strikes at society, moral
order and justice, as well as at the comprehensive development of peoples. The State contends that the
ratification of the Inter-American Convention against Corruption has informed its commitment to fight
corruption by strengthening the institutions of democratic government, avoiding inequities in the economy,