for over five years due to the behavior of the co-defendants, whose purpose was to cause an undue delay in
the proceedings.82
119. On March 29, 2006, the case went to the Criminal Examining Judge (Liquidador) of La Paz
District Superior Court and by May 26, 2006, “legalized copies of the appeal of the ruling denying the petition
to have criminal action time-barred were before the Superior Court.”83
120. On January 18, 2007, the Final Instruction Decision (Resolution No. 08/2007) was issued, in
which the case against Ms. Andrade Salmón was provisionally dismissed on the grounds of insufficient
evidence of culpability. The Court wrote that
…she had no contact with the Gader firm, much less participate in the Gader contracting
process. Furthermore, through Executive Order No. 278/99 she had allegedly requested that
the process through which the Gader firm was contracted be checked; the contract was then
cleared with the City Council. Furthermore, the audit reports found no criminal liability on
the part of the accused, who allegedly did not authorize any payment to the firm. Once the
payments were discontinued as requested in Communication No. 095/99 of October 5, 1999,
the checks had been reprogrammed to being cancel to the GADER firm. There is, therefore,
insufficient evidence of the crimes being charged, namely fraud, criminal conspiracy and
mismanagement of public resources,…84
121. When the Government of La Paz appealed this ruling, the Third Criminal Chamber of the La
Paz Judicial District Superior Court issued Decision No. 67/2009 of August 4, 2009, confirming the lower
court’s decision.85 The Government of La Paz petitioned the court for an explanation and amendment of the
earlier ruling, but that petition was denied in Decision No. 72/09 of August 20, 2009, notified on October 19,
2009.86
122. In 2010, through Decision No. 68/10, the case was reopened at the request of the
Government of La Paz. On December 15, 2011, the Criminal Examining Court (Liquidador) of La Paz
definitively dismissed the case against Ms. Andrade Salmón because the City Government had failed to
produce new information to establish Ms. Andrade’s authorship of these crimes.87 From the information
available it is unclear whether this is a final decision and not subject to appeal.
2.
Street Lamps Case
123. As background, the record of this case shows that a City Council resolution of May 13, 1998,
authorized a trip by the City Executive (Mayor Germán Monroy) to Beijing, China, from May 15 to 26, 1998.
No reason for the trip was given; the resolution states only that the trip was in response to a courteous
82
Annex 29. Decision No.. 05/2005, Fourth Criminal Examining Court of El Alto, The Mayor of La Paz’s Office v. Germán Monrroy
Chazarreta et al. for fraud and other crimes. Reasoned order, El Alto de La Paz, August 13, 2005. Attachment to the petitioners’ brief of August
2, 2006.
83
Annex 27. Report addressed to Dr. Ricardo Alarcón Pozo, President of the La Paz District Court, May 26, 2006. Attachment to the
State’s brief of July 20, 2006.
84
Annex 104. Resolution 62/2011 of the Capital’s Criminal Examining Court (Liquidador), dated December 15, 2011. Attachment to the
petitioners’ communication of February 14, 2011.
85
Annex 104. Resolution 62/2011 of the Capital’s Criminal Examining Court (Liquidador), dated December 15, 2011. Attachment to the
petitioners’ communication of February 14, 2011.
86
Annex 104. Resolution 62/2011 of the Capital’s Criminal Examining Court (Liquidador), dated December 15, 2011. Attachment to the
petitioners’ communication of February 14, 2011.
87
Annex 104. Resolution 62/2011 of the Capital’s Criminal Examining Court (Liquidador), dated December 15, 2011. Attachment to the
petitioners’ communication of February 14, 2011.