Council declarations, ordinances and resolutions and to ensure their compliance and execution.” Therefore,
the report held that any culpability on her part would be the result of her having failed to request reports
from the legal and technical commissions, as the Internal Rules of Procedure require.96 The report
recommended that because that omission was not punishable conduct under the Penal Code, the investigative
arms of the Public Prosecutor’s Office should determine whether any criminal liability had been incurred,
which meant that a complaint would have to be filed with the La Paz District Superior Court, since the
“officials in question are entitled to a jurisdiction of privilege.”97
127. On December 24, 1999, the Office of the Comptroller General of the Republic filed an audit
report on the purchase of 80,000 street lamps. The report found that the contract showed a number of
irregularities: 1) a failure to comply with the legal provisions regarding the procurement and purchase of
goods and services (the lack of documents showing the purchase costs, no certification as to the source of
funds, the process was not the product of any competitive bidding, etc.); 2) the firm with which the contract
was signed is not listed in the National Business Registration Service, no business could be transacted with
it… and so on.98 The report concludes that there was evidence of criminal responsibility in the case of more
than 13 persons; where Ms. Lupe Andrade was concerned, the report suggested that the investigative arms of
the Public Prosecutor’s Office should determine whether she was in any way accountable; they would suggest
whether a criminal inquiry should be opened to investigate her for having signed Resolution No. 179/98.99
The report recommended that the Comptroller’s Office become a plaintiff, since the highest executive
authority in the Government of La Paz, Lupe Andrade Salmón, would be implicated in the report, in
application of Article 44 of Law No. 1178, and that the complaint had to be filed with the La Paz District
Superior Court since the officials in question “are entitled to a jurisdiction of privilege” under Article 265 of
the Code of Criminal Procedure, in keeping with Article 103, authority 7 of the Judicial Organization Law.100
128. On February 11, 2000, the Public Participation and Decentralization Commission of the
Chamber of Deputies issued a report on the investigation conducted into the “contract for street lamps for the
city of La Paz,” based on Chamber Resolution No. 182/HME/98-99 of July 22,1999 and Article 5 of Law No.
1469, Law on the Office of the Public Prosecutor, which states that the Legislative Branch, through its
commissions, shall investigate complaints of crimes committed by authorities who are to entitled to a
jurisdiction of privilege and when the facts denounced affect the national interests. Once the investigation is
completed, the case history is to be sent to the authorities that the law prescribes.101 The above report details
a number of different irregularities committed by officials in the Mayor’s Office and asks the District Superior
Court to order investigation of 10 persons, among them Ms. Lupe Andrade Salmón and other officials in the
city government.102
96
Annex 69.GDL3/A523/D9,Report to the Under Comptroller of Legal Services of the Office of the Comptroller General of the Republic,
dated December 22, 1999. Attachment to the State’s brief of June 14, 2004.
97
Annex 69.GDL3/A523/D9, Report to the Under Comptroller of Legal Services of the Office of the Comptroller General of the Republic,
dated December 22, 1999. Attachment to the State’s brief of June 14, 2004.
98
Annex 56. Resolution No. 123/2002, the Capital’s First Criminal Examining Court (Liquidador), Final instruction, December 11, 2002.
Attachment to the State’s brief of June 4, 2003.
99
Annex 68. Report No. GL/EP15/L99 N1, Office of the Comptroller General of the Republic, La Paz City Government, Special Audit on the
Purchase of 80,000 street lights from the XUZHOU Construction and Machinery Imports and Exports Group, Inc. of the People’s Republic of
China under the 1998 Administration. Attachment to the State’s brief of June 14, 2004.
100
Annex 68. Report No. GL/EP15/L99 N1, Office of the Comptroller General of the Republic, La Paz City Government, Special Audit on the
Purchase of 80,000 street lights from the XUZHOU Construction and Machinery Imports and Exports Group, Inc. of the People’s Republic of
China under the 1998 Administration. Attachment to the State’s brief of June 14, 2004.
101
Annex 67. Report and request from the Public Participation and Decentralization Commission in the following matter: complaint
against former La Paz Mayor Germán Monroy Chazarreta, Honorable City Council Members Lupe Andrade Salmón, Julio Mantilla Cuellar, Cesar
Augusto Sanchez Fuentes,… February 11, 2000. Attachment to the State’s brief of July 14, 2004.
102
Annex 67. Report and request from the Public Participation and Decentralization Commission in the following matter: complaint
against former La Paz Mayor Germán Monroy Chazarreta, Honorable City Council Members Lupe Andrade Salmón, Julio Mantilla Cuellar, Cesar
Augusto Sanchez Fuentes,… February 11, 2000. Attachment to the State’s brief of July 14, 2004.