September 27, 2022, 4:00 AM
September 27, 2022, 4:00 AM
A month after the complaint against the Bolivian Highway Administration (ABC), the Ministry of Public Works appeared yesterday before the Public Ministry in the “bribery” case in the award of the Sucre – Yamparáez highway. It is striking that the public institution has not literally specified her status as a victim, plaintiff or complainant within the process.
“I reiterate my appearance justifying my active legitimacy requesting your authority to keep in mind in accordance with the law and allows me to participate and have knowledge of further proceedings and procedural acts of the aforementioned process (Public Ministry against Jin Zhengyuan and others)”, indicates the request to appear in the name of the General Director of Legal Affairs, Luis Alejandro Cabrera Pérez, signed by him and three lawyers.
The document to which EL DEBER had access has attached a power of attorney dated July 30, 2022, one month before the complaint was made by deputy Héctor Arce, which authorizes Cabrera and the Head of the Legal Management Unit, Aldo Álex Castro Quevedo , take charge of the processes of the Ministry of Public Works.
Regarding the lack of clarification of the procedural activity of this unit, the legal specialists explained that the public institutions must include the status as plaintiff in the appearance memorial, more if it is an act of alleged corruption.
“The appearance means a procedural situation, in the strict sense, in which place it is going to be located. In this case, if the representative of an institution has appeared is obliged to appear as a complainant and follow the alleged act of corruption”, explained criminal lawyer Andrés Zúñiga.
He noted that failure to do so would result in a breach of duties and would violate Law 004 Marcelo Quiroga Santa Cruz and Law 1390 to Strengthen the Fight Against Corruption.
“The highest executive authority of the affected entity or the authorities called by Law, must compulsorily become the plaintiff of the crimes of corruption and related crimes, once these are known, having to promote the corresponding legal actions before the competent authorities. Its omission will represent incurring in the crime of breach of duties and others”, refers to article 14 of Law 004.
The jurist José Velasco said that in the appearance must include all the data of the natural or legal person as legal personalityprocedural domicile and the reasons for appearing.
The prosecutor Javier Gorena clarified that the president of ABC, Henry Nina, will not appear to testify in Sucre as an investigator because there would not be enough elements against him.
Nina was supposed to appear to testify yesterday, according to the prosecutor Juan Lanchipa, but he was not summoned. Only six officials declared before the Public Ministry. Given the alleged escape of Nina, Minister Montaño denied the escape of the Intercultural leader and said that he works normally in his office.
