and because the conditions set forth in Article 233 of the Code of Criminal Procedure did not meet in the
present case. Those conditions state that: 1) there must be sufficient information to argue that the accused
likely committed or aided and abetted in the commission of a punishable offense; and 2) that there must be
sufficient conviction that the accused will be a flight risk or obstruct the inquiry into the facts.35 This petition
was expanded with a brief dated August 11, 2000.36 On August 29, 2000, Ms. Andrade was notified of the
judge’s decision dated August 18, 2000, in which the petition for an alternative to pre-trial detention was
denied.37 On August 26, 2000, Ms. Andrade appealed that decision based on Article 25138 of the Code of
Criminal Procedure, which the court agreed to hear on August 31, 2000.39
106. On August 31, 2000, the Constitutional Court issued an habeas corpus ruling (on its review of
the decision that the First Criminal Chamber of the La Paz District Superior Court issued on August 5, 2000),
in which it revoked the previous decision and declared that the use of alternatives to pre-trial detention was
pertinent under Article 240 of the Code of Criminal Procedure. It set bail at 100,000 bolivianos.40
107. On September 1, 2000, Ms. Andrade requested that the court order her release that same
day.41 On September 6, 2000, the public hearing on alternative measures was held, which determined that
the alternative measures would be as follows: 1) Ms. Andrade would be under supervised release, which
meant that she would have to check in with the court every Monday at 9:00 a.m., to sign the corresponding
book; and 2) financial bail was set at US$ 100,000 or its equivalent in national currency.42 At the end of the
hearing, Ms. Andrade’s defense counsel filed an appeal, which the court agreed would be heard. Therefore,
the relevant case files were sent up to the Superior Court.43 On October 2, 2000, the First Chamber of the
Superior Court reviewed the appeal filed by Ms. Andrade and ordered Ms. Andrade’s bail set at 80,000
bolivianos (Decision No. 522/2000).44 On October 4, 2000, Ms. Andrade requested that an alternative be
[… continuation]
6. Release on one’s personal recognizance or bail. The bail may be posted by the accused or by another person by depositing money, securities,
collateral or a mortgage.
Once it is decided which of the above measures will be applied, the judge or court shall determine the conditions and rules that the accused must
observe, with an express warning that the commission of another offense or failure to follow the rules imposed shall cause the alternative to be
revoked and replaced by another, harsher measure, including pre-trial detention when called for; the victim may address the court.
35
Annex 117. Brief that Maria Nina Lupe del Rosario Andrade Salmón addressed to the Third Criminal Examining Judge, dated August 8,
2000, concerning the order of pre-trial detention and requesting an alternative measure. Attachments that the petitioners brought from
Bolivia, February 2004.
36
Annex 19. Brief that Coty Sonia Krsul Andrade addressed to the Chief Justice and Justices of the Constitutional Court in connection with
the “Petition of Habeas Corpus” filed against the Third Criminal Examining Judge. Attachment to the petitioners’ brief of May 11, 2001.
37
Annex 118. Reasoned Order of August 18, 2000. Decision No. 264/2000 of the Capital’s Third Criminal Examing Court. Attachments that
the petitioners brought from Bolivia, February 2004; Annex 5. Brief that .María Nina Lupe del Rosario Andrade Salmón filed with the Third
Criminal Examining Judge, dated August 30, 2000. Attachment to the State’s brief of June 14, 2004.
38
Article 251 of the Code of Criminal Procedure – (Appeal): The decision ordering, modifying or rejecting the precautionary
measures may be appealed within the space of seventy-two hours, although the appeal shall not suspend the order. Once the appeal is
filed, the pertinent case files shall be sent up to the Superior Court within twenty-four hours. Without staging additional proceedings,
the court shall hold a hearing within three days of receiving the case files. No subsequent appeal shall be permitted.
39
Annex 5. Brief that María Nina Lupe del Rosario Andrade Salmón filed with the Third Criminal Examining Judge on August 30, 2000.
Attachment to the State’s brief of June 14, 2004.
40
Annex 6. Constitutional Court. Constitutional Judgment No. 814/00-R in Case File 2000-01461-04-RHC. Attachment to the State’s brief
of June 14, 2004.
41
Annex 7. Brief addressed to the Third Criminal Examining Judge, dated September 1, 2000. Attachment to the State’s brief of June 14,
2004.
42
Annex 8. Record of the public hearing on alternatives to pre-trial detention, September 6, 2000. Attachment to the State’s brief of June
14, 2004.
43
Annex 8. Record of the public hearing on alternatives to pre-trial detention, September 6, 2000. Attachment to the State’s brief of June
14, 2004.
44
Annex 21. Constitutional Court. Constitutional Judgment No. 028/01-R, of January 16, 2001, in case file 2000-01-1964-05-RUC.
Attachment to the petitioners’ brief of May 11, 2001.