conduct of the defendants and/or their attorneys, the complexity of the case and the number of codefendants.146
146. On November 22, 2008, the Criminal Examining Court (Liquidador)of La Paz issued
Resolution No. 89/2008 in which it ordered Mr. Germán Andrés Manuel Monrroy Chazarreta and other
persons to stand trial, and ordered provisional dismissal of the case against Ms. Andrade Salmón and three
other persons.147 When the Government of La Paz appealed that ruling, on January 9, 2010, the Third
Criminal Chamber of the La Paz Judicial District Superior Court issued its ruling in which it confirmed the
lower court ruling.148
147. In February 2012, the petitioners reported that they were awaiting an appeal by the Mayor’s
Office. In March 2012, the State reported that on February 19, 2011, the Municipal Government of La Paz had
requested that the case be reopened, and the court had agreed based on the plaintiff’s reasoned request.
Therefore, the initial indictment was issued, and thereafter the final instruction decision. The State reported
that the accused appealed the final decision in the preliminary proceedings, and that the provisional dismissal
was subsequently revoked. It notes that Ms. Andrade filed a petition for disqualification of the Judge of the
First Criminal Trial Court (Liquidador) with the result that steps were then being taken to send the case files
to the Judge of the Second Criminal Trial Court.
Complaints filed with the Council of the Judiciary
148. On September 22, 2000, Ms. Andrade Salmón filed a complaint with the Council of the
Judiciary149 against the Third Criminal Examining Judge of La Paz, Alberto Costa Obregón, for failure to
comply with and violation of the provisions of Law 1817 and the Penal Code; she also informed the Full
Chamber of the Supreme Court of her complaint.150 Thereafter, on December 14, 2000, Ms. Andrade Salmón
filed a complaint with the Council of the Judiciary concerning the conduct of the officers of the court who, as
of that date, had had some role in the Gader, Guaglio (Pensions), Street Lamps and Villa Ayacucho cases. She
was asking for an investigation of these cases with a view to correcting the errors and to have a delegate
appointed to examine the proceedings in the above-named cases.151 Her main complaint in the Gader case
was the failure to assign the case and the precautionary measures at random, the failure to comply with the
prerequisites for ordering pre-trial detention in the present case, and the refusal of the Third Criminal
Examining Judge to allow her defense attorneys to be present for her preliminary statement on November 14,
2000. In the case alleging fraud in contributions to the Pension Office, she alleged irregularities and
misrepresentations. In the Street Lamps case, Ms. Andrade’s main complaint was that during her preliminary
statement on October 17, 2000, her attorneys were not permitted to assist her and were even threatened that
they would be thrown out of the courtroom; the judge did not have Ms. Andrade read her preliminary
statement and sign it until eight days later. She also complained that the judge ordered her pre-trial
detention, ignoring the fact that the crimes charged did not warrant pre-trial detention. Finally, with regard
146
Annex 77. Resolution No. 103/2005 of the Second Criminal Trial Court (Liquidador), November 30, 2005. Information provided by the
petitioners during the working meeting held at IACHR headquarters in November 2006 and sent to the State in a communication dated
December 12, 2006.
147
Annex 101. Decision No. 111/2009 of the Third Criminal Chamber of the La Paz Judicial District Superior Court, dated January 9, 2010,
and Annex 102. Decision No. 89/2008 of the Capital’s Criminal Examining Court (Liquidador) dated November 22, 2008. Attachment to the
petitioners’ brief of February 14, 2012.
148
Annex 101. Decision No. 111/2009 of the Third Criminal Chamber of the La Paz Judicial District Superior Court, dated January 9, 2010.
Attachment to the petitioners’ brief of February 14, 2012.
149
Annex 106. Brief that Coty Krsul Andrade addressed to the President and Members of the Council of the Judiciary, dated September 27,
2000. Attachments that the petitioners brought from Bolivia, February 2004.
150
Annex 107. Brief that Coty Krsul Andrade addressed to the Full Chamber of the Supreme Court on September 27, 2000. Attachments
that the petitioners brought from Bolivia, February 2004.
151
Annex 108. Brief by Coty Krsul Andrade to file a complaint with the Council of the Judiciary, received on December 14, 2000.
Attachments that the petitioners brought from Bolivia, February 2004.