would guarantee Ms. Andrade’s appearance in court; 4) monetary bail set at 100,000 bolivianos.119 On
November 27, 2000, Ms. Andrade posted 100,000 bolivianos bail,120 and gave the names and identifications
numbers of two persons who, under their own recognizance, would guarantee her appearance for court. She
asked the Ninth Criminal Examining Judge to issue the release warrant that same day.121 On December 7,
2000, two persons became guarantors that Ms. Andrade would be present for every court proceeding.122
137. On December 5, 2000, Ms. Andrade Salmón presented a memorial posing a prejudicial and
preliminary matter and asked that the preliminary investigative order be revoked, a request that was denied
in Resolutions No. 432/2002 and No. 430/2000 of June 10, 2002. 123
138. On December 11, 2000, the Constitutional Court decided the petition of habeas corpus and
held that the judge against whom the appeal had been filed had committed an unlawful act by denying Ms.
Andrade’s request for alternatives to pre-trial detention, and by virtue of the fact that the prerequisites set
out in Article 233 of Law No. 1970 for ordering pre-trial detention were not present in her case, thereby
violating said Article 233.124 In its ruling the Constitutional Court held that the fact that the pre-trial detention
was revoked on appeal does not erase the illegal act committed by the authority against whom the appeal was
filed. The Constitutional Court therefore revoked the October 27, 2000 decision delivered by the First Civil
Chamber of La Paz Judicial District Superior Court, and granted the petition, without ordering Ms. Andrade’s
release, which the competent authority had already ordered on appeal.125
139. On December 18, 2000 and January 12, 2001, Ms. Andrade’s defense counsel again asked the
Ninth Criminal Examining Judge to issue the warrant for Ms. Andrade’s release.126 On January 10, 2001, the
court order confining Ms. Andrade Salmón to the court’s jurisdiction took effect.127 On January 22, 2001, the
Ninth Criminal Examining Judge issued the warrant for Ms. Andrade’s release, as she had complied with the
alternative measures ordered.128
140. In 2001, the Ninth Examining Court took the co-defendants’ preliminary statements, held
hearings on precautionary measures and decided various petitions and motions brought by the co119
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.
120
Annex 55. Banco Unión S.A., Deposit of bail money, La Paz’ Ninth Examining Court, November 27, 2000. Attachment to the State’s brief
of June 4, 2003.
121
Annex 71. Brief addressed to the Ninth Criminal Examining Court, dated November 27, 2000. Attachment to the State’s brief of June
14, 2004.
122
Annex 16. Record of the hearing on the persons who, under their own recognizance, would guarantee Ms. Andrade’s presence for the
proceedings, dated December 7, 2000, signed by the Clerk of the Capital’s Ninth Criminal Examining Court. Attachment to the State’s brief of
June 4, 2003.
123
Annex 76. Brief of the District Superior Court to the Second Criminal Trial Court Judge (Liquidador), in which he 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.
124
Annex 63. Constitutional Court, Constitutional Court Judgment No. 1160-R of December 11, 2000. Attachment to the petitioners’ brief
of May 11, 2001.
125
Annex 63. Constitutional Court, Constitutional Court Judgment No. 1160-R of December 11, 2000. Attachment to the petitioners’ brief
of May 11, 2001.
126
Annex 72. Brief that Maria Nina del Rosario Andrade Salmón addressed to the Ninth Criminal Examining Judge in which she requests
issuance of the warrant for her release, dated December 18, 2000. Attachment to the State’s brief of June 14, 2004; Annex 73. Brief that Maria
Nina del Rosario Andrade Salmón addressed to the Ninth Criminal Examining Judge, presenting the order confining her to the court’s
jurisdiction and requesting release, January 11, 2001. Attachment to the State’s brief of June 14, 2004.
127
Annex 17. Reports, Operation, Management, Search Tools for Court Orders Confining Persons to the Court’s Jurisidiction. Attachment
to the State’s brief of June 4, 2003.
128
Annex 18. Warrant for Provisional Release, Chamber Resolution No. 046/99-2000 from the Judicial Branch of the National, Council of
the Judiciary. Attachment to the State’s brief of June 4, 2003