129. On June 20, 2000, the Full Chamber of the District Superior Court issued Decision No.
60/2000 in the criminal case in a jurisdiction of privilege (“Caso Corte”), being prosecuted at the request of
the Chamber of Deputies and the District Attorney’s Office against Germán Monroy Chazarreta, Lupe Andrade
Salmón and others, for various crimes committed in the purchase of the street lamps manufactured in China,
for which preliminary proceedings were initiated.103
130. On August 8, 2000, the Full Chamber of the District Superior Court issued Resolution No.
64/2000, in which it ordered that the case files be sent to the La Paz Criminal Examining Judge on duty, to
move forward with the case.104 On September 6, 2000, the original case files were referred, by random
selection to the Examining Judge on duty.105
131. On October 3, 2000, the Prosecutor’s Office recommended that an investigation be ordered
into Germán Monroy Chazarreta, Lupe Andrade Salmón and others for the crimes of contracts detrimental to
the State’s interests and other crimes. On October 3, 2000, the Ninth Criminal Examining Judge ordered
investigation of 10 persons, one of whom was Ms. Lupe Andrade Salmón,”for conduct that carried the penalty
prescribed in Article 154 (dereliction of duty), 153 (a resolution that contravenes the Constitution and the
law), read in conjunction with Article 23 (complicity), 146 (influence peddling), in relation to article 23
(complicity) of the Penal Code.”106 On October 10, 2000, the Ninth Criminal Examining Judge issued a warrant
to have Ms. Andrade summoned to appear in that court on October 17, 2000, to make her preliminary
statement.107
132. On October 16, 2000, Mr. Juan del Granado Cosio, The Mayor of La Paz, filed a formal
complaint with the Ninth Criminal Examining Judge for the purpose of becoming a civil party to the case being
prosecuted against a number of persons, among them Ms. Andrade.108
133. On October 17, 2000, Ms. Andrade gave her preliminary statement109 and a hearing was held
on precautionary measures. There, the Ninth Criminal Examining Judge decided to order Ms. Andrade’s
detention in the La Paz Women’s Prison (Centro de Orientación Femenina de Obrajes de La Paz), pursuant to
Article 233(1) of the Code of Criminal Procedure, as the Prosecutor had requested based on the fact that the
statement made during the investigative proceedings revealed sufficient information to allow one to infer
that Ms. Andrade had participated in the facts under investigation, “without elaborating upon the legal
considerations.”110 On October 17, 2000, the Ninth Criminal Examining Court issued the pre-trial detention
103
Annex 76. Brief from the District Superior Court to the Judge of the Second Criminal Trial Court (Liquidador), in which it reports on
compliance with Constitutional Court Judgment No. 101/2004. Information presented by the petitioners during the working meeting held at
IACHR headquarters in November 2006 and forwarded to the State in a communication dated December 12, 2006.
104
Annex 76. Brief from the District Superior Court to the Judge of the Second Criminal Trial Court (Liquidador) in which it reports on
compliance with Constitutional Court Judgment No. 101/2004. Information presented by the petitioners during the working meeting held at
IACHR headquarters in November 2006 and forwarded to the State in a communication dated December 12, 2006.
105
Annex 76. Brief from the District Superior Court to the Judge of the Second Criminal Trial Court (Liquidador), in which it reports on
compliance with Constitutional Court Judgment No. 101/2004. Information presented by the petitioners during the working meeting held at
IACHR headquarters in November 2006 and forwarded to the State in a communication dated December 12, 2006.
106
Annex 47. Resolution No. 508/2000 from the Judge of the Ninth Criminal Examining Court, dated October 3, 2000, Original Preliminary
Order. Attachment to the State’s brief of June 4, 2003.
107
Annex 48. Warrant to Appear in Court, signed by the Ninth Criminal Examining Judge, Dr. Daen Rolando Sarmiento. Attachment to the
State’s brief of June 4, 2003.
108
Annex 70. Brief from Juan del Granado Cossio, The Mayor of La Paz, to the Ninth Criminal Examining Judge, to file a formal complaint
for the crimes specified therein, become a civil party, precautionary measures, domicile, October 16, 2000. Attachment to the State’s brief of
June 14, 2004.
109
Annex 49. La Paz District Superior Court, Ninth Criminal Examining Judge, October 17, 2000. Attachment to the State’s brief of June 4,
2003.
110
Annex 50. Record of the Hearing on Precautionary Measures, signed by the Ninth Criminal Examining Judge. Attachment to the State’s
brief of June 4, 2003.