“It is a lie that the sentence will be to do justice for the victims of Senkata and Sacaba. It is reprehensible to use victims to pretend that some justice is done” (“Page 7”, 8.6.2022); declared at the beginning of the week David Inca, representative of the victims, consulted on the request for 30 years in prison made by protesters and the “Unity Pact”, in the days prior to the conviction handed down this Friday, June 10, against the former president Añez. This sentence was issued in a framework characterized by:
The terminal crisis of Bolivian justice expressed in political interference, subjugation of judges, corruption, procedural delay, impunity for criminals, prison overcrowding, abuse of preventive detention, lack of budget and partisanship of the election of supreme judges; characteristics listed by Diego García Sayán in his final report of May 11, 2022.
The unequivocal affirmation, precisely, of García Sayán referring to the trial of Janine Añez in the sense that: “This case highlights the structural problems of the administration of justice such as the generalization of preventive detention…”, adding that “…all persons processed have the right to a fair trial and to all the procedural guarantees established by international instruments and Bolivian regulations…”
The indefinite postponement of the government “judicial summit” that was to be held in March to approve a judicial reform based on 6 axes announced in September 2021. It was basically a proposal for administrative measures that did not address the underlying problem detailed by the UN Rapporteur.
The statements of the presidential spokesperson and the Vice Minister of Justice on May 26, announcing a new proposal “for the next few days” of reform, is time translated in 4 axes – budget, judicial career, access and indigenous justice – that would be discussed in 4 tables but now under the leadership of David Choquehuanca, surely on the parliamentary stage and with the participation of the benches. Two weeks after the announcement, there is no sign either from the Ministry of Justice or from the Vice Presidency.
The option of the “ordinary” route for the prosecution of former President Añez, which was processed illegally 440 days ago, contrary to the Constitution and Law 044, which mandate a Responsibility Trial for crimes committed by the first leaders. Said option of ordinary trial is justified by the government because supposedly the crimes of “breach of duties” and “resolutions contrary to the Constitution” (Art. 153 and 154 of the Penal Code), under the denomination of “coup 2”, would have been committed by Mrs. Añez as a senator before “self-proclaiming” President, so she would not deserve a Responsibility trial.
The flagrant violation by judges and prosecutors of the principle of unity of judgment provided for in Article 117 of the Constitution, which prohibits double trials for the same act, since the acts of presidential “self-proclamation” of Ms. Añez cannot be separate from his immediate subsequent behavior as Pdte. of the State, because they would be, in the government’s own logic, preparatory acts inherent to the “coup d’état” that would later have given rise to the massacres of Sacaba and Senkata. This constitutional violation entails the nullity of the process according to Art. 122 of the same Constitution.
The omission and ignorance, both of accusers and defenders of Mrs. Añez regarding the only trial of an unequivocally de facto and coup government, that of García Meza, where the Constitution was fulfilled by prosecuting the former dictator and his collaborators for both the crimes of his government, as well as for the previous seditious and criminal acts, preparatory to the coup of July 17, especially for the murder of Marcelo Quiroga, Carlos Flores and Gualberto Vega during the paramilitary assault on the COB headquarters, crimes perpetrated on July 17 July, the day before García Meza proclaimed himself President, which only happened on July 18.
In this tragic picture, even without knowing its foundations, the sentence passed against former president Añez lacks legality and legitimacy due to the crude submission of the judges, due to the repeated violation of the Constitution, due to the dead-paper quality of international recommendations, for the archive of “summits and reforms, and for deceiving the victims.
Can Choquehuanca still speak to us about judicial reform in that table? We only have the Referendum by citizen initiative to start the transformation of justice.
Juan Del Granado
Former mayor of La Paz and lawyer
“It is a lie that the sentence will be to do justice for the victims of Senkata and Sacaba. It is reprehensible to use victims to pretend that some justice is done” (“Page 7”, 8.6.2022); declared at the beginning of the week David Inca, representative of the victims, consulted on the request for 30 years in prison made by protesters and the “Unity Pact”, in the days prior to the conviction handed down this Friday, June 10, against the former president Añez. This sentence was issued in a framework characterized by:
The terminal crisis of Bolivian justice expressed in political interference, subjugation of judges, corruption, procedural delay, impunity for criminals, prison overcrowding, abuse of preventive detention, lack of budget and partisanship of the election of supreme judges; characteristics listed by Diego García Sayán in his final report of May 11, 2022.
The unequivocal affirmation, precisely, of García Sayán referring to the trial of Janine Añez in the sense that: “This case highlights the structural problems of the administration of justice such as the generalization of preventive detention…”, adding that “…all persons processed have the right to a fair trial and to all the procedural guarantees established by international instruments and Bolivian regulations…”
The indefinite postponement of the government “judicial summit” that was to be held in March to approve a judicial reform based on 6 axes announced in September 2021. It was basically a proposal for administrative measures that did not address the underlying problem detailed by the UN Rapporteur.
The statements of the presidential spokesperson and the Vice Minister of Justice on May 26, announcing a new proposal “for the next few days” of reform, is time translated in 4 axes – budget, judicial career, access and indigenous justice – that would be discussed in 4 tables but now under the leadership of David Choquehuanca, surely on the parliamentary stage and with the participation of the benches. Two weeks after the announcement, there is no sign either from the Ministry of Justice or from the Vice Presidency.
The option of the “ordinary” route for the prosecution of former President Añez, which was processed illegally 440 days ago, contrary to the Constitution and Law 044, which mandate a Responsibility Trial for crimes committed by the first leaders. Said option of ordinary trial is justified by the government because supposedly the crimes of “breach of duties” and “resolutions contrary to the Constitution” (Art. 153 and 154 of the Penal Code), under the denomination of “coup 2”, would have been committed by Mrs. Añez as a senator before “self-proclaiming” President, so she would not deserve a Responsibility trial.
The flagrant violation by judges and prosecutors of the principle of unity of judgment provided for in Article 117 of the Constitution, which prohibits double trials for the same act, since the acts of presidential “self-proclamation” of Ms. Añez cannot be separate from his immediate subsequent behavior as Pdte. of the State, because they would be, in the government’s own logic, preparatory acts inherent to the “coup d’état” that would later have given rise to the massacres of Sacaba and Senkata. This constitutional violation entails the nullity of the process according to Art. 122 of the same Constitution.
The omission and ignorance, both of accusers and defenders of Mrs. Añez regarding the only trial of an unequivocally de facto and coup government, that of García Meza, where the Constitution was fulfilled by prosecuting the former dictator and his collaborators for both the crimes of his government, as well as for the previous seditious and criminal acts, preparatory to the coup of July 17, especially for the murder of Marcelo Quiroga, Carlos Flores and Gualberto Vega during the paramilitary assault on the COB headquarters, crimes perpetrated on July 17 July, the day before García Meza proclaimed himself President, which only happened on July 18.
In this tragic picture, even without knowing its foundations, the sentence passed against former president Añez lacks legality and legitimacy due to the crude submission of the judges, due to the repeated violation of the Constitution, due to the dead-paper quality of international recommendations, for the archive of “summits and reforms, and for deceiving the victims.
Can Choquehuanca still speak to us about judicial reform in that table? We only have the Referendum by citizen initiative to start the transformation of justice.
Juan Del Granado
Former mayor of La Paz and lawyer
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