and administer justice, over time the State would have to increasingly justify the burden on the person
accused based on the principle of presumption of innocence, which has not happened in the instant case.
310. In view of the elements of fact and law developed above, the Commission concludes that in
the proceedings known as Gader, Street Lamps and Guaglio or Fraud on the Office of the Director General of
Pensions, the State violated Ms. Andrade’s right to be judged in a reasonable time as established in Article 8(1)
of the Convention in relation to its Article 1(1).
C.
Duty to Adopt Provisions of Domestic Law (Article 2 of the American Convention)
311. The Commission considered in its Admissibility Report No. 11/09 that the facts narrated by
the petitioners, if proven, tended to establish a violation of Article 2 of the American Convention on Human
Rights. Nonetheless, the IACHR observes that the parties did not provide information or arguments in the
merits phase to be able to rule in the instant case on the existence of possible violations of Article 2 of the
American Convention on Human Rights.
VI.
CONCLUSIONS
312. Based on the considerations of fact and law set forth throughout this report, the InterAmerican Commission concludes that:
1.
The State of Bolivia is responsible for the violation of the right to personal liberty of
Ms. María Nina Lupe del Rosario Andrade Salmón enshrined in Articles 7(1), 7(2), and 7(3) of the
American Convention in connection with its Articles 8(2) and 1(1) thereof, in the criminal
proceedings known as Gader and Street Lamps.
2.
The State of Bolivia violated the right of Ms. María Nina Lupe del Rosario Andrade
Salmón to have access to a simple and effective remedy for the protection of her fundamental rights
enshrined in Articles 7(6) and 25 of the American Convention in relation to its Article 1(1) thereof, in
the proceeding captioned Gader.
3.
The State of Bolivia violated Article 7(5) of the American Convention in relation to
Articles 1(1), 21, 22(2), and 22(3) of the same instrument in the criminal proceedings known as
Gader and Street Lamps.
4.
The State of Bolivia violated the right to be tried in a reasonable time enshrined in
Article 8(1) of the American Convention in relation to Article 1(1) of the same instrument in the
criminal proceedings captioned Gader, Street Lamps, and Guaglio or Fraud on the Office of the Director
General of Pensions.
5.
The Commission has no elements to rule on a possible violation of article 2 of the
Inter-American Convention.
VII.
RECOMMENDATIONS
313. In light of the foregoing conclusions, and mindful that the State paid Ms. María Nina Lupe del
Rosario Andrade Salmón economic compensation in the friendly settlement process that unfolded in 2004
and 2005 before this Commission, though it is not aware of the amount, and that on January 29, 2004, the
Ninth Criminal Examining Judge was ordered to pay damages in the amount of 2,079.50 bolivianos to Ms.
Andrade Salmón,
THE INTER-AMERICAN COMMMISSION ON HUMAN RIGHTS RECOMMENDS TO THE
BOLIVIAN STATE,