excepción”]. The contract was for US$ 1,800,000.11 The City Council of La Paz approved this contract on December 7, 1999, when Ms. Andrade was serving as Mayor of La Paz.12 97. On January 21, 2000, the Government of La Paz sent a Report of the Financial Investigation Unit (FIU) to the La Paz District Attorney. The report detailed how 12,224,389.80 bolivianos in city funds had been siphoned off and diverted elsewhere, and established that there was no oversight of the Government of La Paz’s check issuance process, which implied blame on the part of the officials who authorized and signed the checks. The District Attorney was therefore asked to undertake the corresponding investigation and criminal prosecution.13 The FIU report stated that “the irregularities described above would be directly associated with the laundering of the illicit proceeds (money laundering) from suspected crimes committed by public officials in the performance of their functions (corruption).”14 98. Subsequently, on March 1, 2000, Mayor Juan del Granado Cosio asked the Auditor General of the Government of La Paz to conduct an audit of the tendering, award of the winning tender, contracting of and payments made to GADER SRL. The audit, delivered on March 22, 2000,15 recommended that, because there were signs suggesting criminal liability, the corresponding actions should be brought against former Mayor Germán Monroy and 7 other persons, in furtherance of articles 6116 and 6217 of Supreme Decree No. 23318-A. Ms. Andrade was not among those named in that audit report. 99. On March 23, 2000, then La Paz Mayor Juan del Granado Cosio filed a complaint with the Public Prosecutor’s Office in which he alleged that a number of former city officials and other persons committed criminal acts. He also requested that the conduct of the former members of the City Council who had approved the “fraudulent contract” on December 7, 1999 be investigated.18 100. On April 26, 2000, the Public Prosecutor’s Office took a statement from Ms. Andrade for informational purposes. During her statement she was told that she had 48 hours in which to present exculpatory evidence.19 On May 8, 2000, the Prosecutor’s Office filed a request with the Third Criminal Examining Judge, asking him to issue the order to investigate 17 persons, one of whom was Ms. Andrade 11 Annex 1. Audit Commission’s Report AIE-016/2000, addressed to the Honorable Mayor of La Paz, Dr. Juan del Grando Cosio, concerning the special audit of the bidding, contracting and criminal liability, March 22, 2000, p. 11. Attachment to the petitioners’ brief of June 20, 2002. 12 Annex 1. Audit Commission’s Report AIE-016/2000, address to the Honorable Mayor of La Paz, Dr. Juan del Grando Cosio, concerning the special audit of the bidding, contracting and criminal liability, March 22, 2000, p. 13. Attachment to the petitioners’ brief of June 20, 2002. 13 Annex 115. Financial Investigation Unit’s Report to Dr. Corina Machicao, La Paz District Attorney, dated January 21, 2000. Attachments that the petitioners brought from Bolivia, February 2004. 14 Annex 115. Financial Investigation Unit’s Report to Dr. Corina Machicao, La Paz District Attorney, dated January 21, 2000. Attachments that the petitioners brought from Bolivia, February 2004. 15 Annex 1. Audit Commission’s Report AIE-016/2000, addressed to the Honorable Mayor of La Paz, Dr. Juan del Granado Cosio, concerning the special audit of the bidding, contracting and criminal liability, March 22, 2000, p. 1. Attachment to the petitioners’ brief of June 20, 2002. 16 Article 61 of Supreme Decree No. 233180-A: “(indicia of criminal wrongdoing). Public servants or other contract professionals who discover indicia suggesting that a crime has been committed, shall prepare a careful and confidential document reporting their suspicions to the appropriate legal office. The report shall contain an account of the acts or omissions, and shall include the evidence, or information as to where such evidence can be found. 17 Article 62 of Supreme Decree No. 23318-A: “The competent authority shall immediately report the facts in a legal report filed with the Public Prosecutor���s Office or, if appropriate, shall forwarded the respective complaint. Where appropriate, the competent authority shall become a civil party to the matter; the highest ranking executive officer and principal legal advisor shall be required to pursue the prosecution of the case to its conclusion.” 18 Annex 110. March 23, 2000 complaint filed by Juan del Granado Cosio with the Representative of the Public Prosecutor’s Office, concerning criminal acts. Attachments that the petitioners brought from Bolivia, February 2004. 19 Annex 111. Informative statement given by Maria Nina Lupe del Rosario Andrade on April 26, 2000. Attachments that the petitioners brought from Bolivia, February 2004.

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