order against Ms. Andrade111 and ordered the Director of the Obrajes District Prison to take custody of her.112 On October 18, 2000, Ms. Andrade appealed the pre-trial detention order based on Article 251 of the Code of Criminal Procedure.113 134. On October 25, 2000, Ms. Andrade Salmón filed a petition of habeas corpus with the First Chamber of the District Superior Court, on the following grounds: she had been mistakenly accused, without there being any evidence against her; the prerequisites that must be met to order pre-trial detention were not present in her case, as she was neither a flight risk nor did she pose a risk of obstruction of justice; also, the remedy she filed to appeal the pre-trial detention was not decided within the time period that the law prescribes.114 On October 27, 2000, the First Chamber of the District Superior Court dismissed the petition of habeas corpus on the grounds that a petition of habeas corpus is not a substitute for an appeal, which was granted with remanded effects for failure to observe the proper formalities in processing the appeal.115 Ms. Andrade was incarcerated in the Obrajes District Prison on October 27, 2000.116 135. On October 31, 2000, Ms. Andrade’s defense counsel asked the Constitutional Court to revoke the decision of the First Civil Chamber of the District Superior Court, which had denied the petition of habeas corpus. The grounds the defense counsel gave for requesting that the ruling be revoked was that Ms. Andrade’s prosecution was improper and illegal; that the court personnel’s failure to observe the formalities when processing the appeal had materially affected the case, since 8 days after the appeal was filed, the case files had still not been sent to the Superior Court to rectify the signatures, when the law prescribes a 24-hour period for referring the case files to the Superior Court; and the fact that Ms. Andrade was not a flight risk nor was there any information suggesting that she might obstruct the inquiry into the facts.117 136. On November 10, 2000, the Second Criminal Chamber of the District Superior Court decided the appeal filed by Ms. Andrade and overruled the decision made by the Ninth Criminal Examining Judge that had ordered Ms. Andrade’s pre-trial detention. The Second Criminal Chamber of the District Superior Court ordered a stop to the pre-trial detention, based on a request from the Public Prosecutor’s Office and in the light of the evidence presented by Ms. Andrade to show that she was not a flight risk nor would she obstruct the proceedings.118 The Second Criminal Chamber ordered the following as alternatives to pre-trial detention: 1) a supervised release system under which Ms. Andrade would have to make an appearance in the court of origin on Saturdays at 9:00 a.m. to sign the attendance book; 2) an order prohibiting her from leaving the department or the country, for what the court of origin must notify the Office of the Director of Immigration of that order; 3) presentation of the names of two persons who, under their own recognizance, 111 Annex 51. Resolution No. 539/2000, order of pre-trial detention dated October 17, 2000. Attachment to the State’s brief of June 4, 2003. 112 Annex 52. Warrant for pre-trial detention as part of the preliminary proceedings that the public prosecutor’s office conducted against: Germán Manuel Monroy Chazarreta and others, for the crime of “document tampering” and other crimes, October 17, 2000, signed by the Ninth Criminal Examining Judge. Attachment to the State’s brief of June 4, 2003. 113 Annex 60. Petition of habeas corpus that Ms. Andrade’s defense counsel filed on October 25, 2000 with the President and Members of the District Superior Court. Attachment to the petitioners’ brief of May 11, 2001. 114 Annex 60. Petition of habeas corpus that Ms. Andrade’s defense counsel filed on October 25, 2000 with the President and Members of the District Superior Court. Attachment to the petitioners’ brief of May 11, 2001. 115 Annex 61. Superior Court, First Civil Court, Resolution No. 625/2000. Petition of habeas corpus, October 27, 2000. Attachment to the petitioners’ brief of May 11, 2001. 116 Annex 58. Report to Dr. Dora Villarroel de Lira, Dean Serving as President of the District Superior Court, from Dr. Hugo Michel Altamirano, Judge of the Eighth Criminal Trial Court (Liquidador), dated May 15, 2003. Attachment to the State’s brief of June 4, 2003. 117 Annex 62. Challenge that Ms. Andrade’s defense counsel filed with the Constitutional Court as part of the petition of habeas corpus filed against La Paz’ Ninth Criminal Examining Judge. Attachment to the petitioners’ brief of May 11, 2001. 118 Annex 54. Resolution No. 634/00 of the Second Criminal Chamber of the District Superior Court, November 10, 2000. Attachment to the State’s brief of June 4, 2003.

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