September 4, 2022, 4:00 AM
September 4, 2022, 4:00 AM
In a hearing, the Prosecutor’s Office pointed out that the president of ABC, Henry Nina, in person with his sister, collected $1.3 million in March as part of a bribe from $2.6 million allegedly committed by a Chinese company for the construction of the Sucre-Yamparáez double track. The aforementioned authority denied it categorically.
During the precautionary hearing on Friday, a judge ordered the preventive detention in the San Roque prison of the businessman Jin Zhengyuan, representative of the Chinese company, and the former national technical manager of ABC, Cristian Mendieta.. The Prosecutor’s Office showed a series of evidence to which EL DEBER had access.
The main allegation and revelation that emerged at the hearing was that Zhengyuan made the payment of part of the bribe directly to the president of ABC, Henry Nina, and his sister. Among the data offered by the Prosecutor’s Office, he highlighted that the foreign businessman took money from Banco Bisa.
The monetization mechanism for the bribe delivered to ABC officials was as follows: with the 20% advance received, the CHEC Manager purchased invoices from an equipment rental company for a value of 5.3%. The ABC people were given, initially, 2% of the value of the project, which was reduced by 5.3%, resulting in US$1,350,000.
Nina, in telephone contact with this mediumindicated that he will not resign his position, and that on Monday at 10:00 he will present, at a press conference, “all the evidence of his innocence.”
This medium asked about the collection of the alleged bribe with his sister. “Absolutely false. Show me proof. Banco Bisa should have the images that demonstrate that extreme, there is nothing. I have two sisters, they live in Yungas, they are married, they are there with their husbands, they come to La Paz very little”.
In addition, he noted that the day he received the alleged bribe, he was in Cobija, with a notary, “doing a contract resolution to another Chinese company. I have tickets and all the evidence to prove it, ”he assured.
The accusers presented a paper in which Jin’s handwriting is seen Zhengyuan on his company letterhead calculating figures explained to ABC. This transaction, according to the accusing version, was carried out in March, once the advance was paid.
The document states that Nina, as president of ABC, contacted the Chinese company and requested, through the general secretary of ABC, Freddy Mamani, an illicit profit of 4% of the total amount awarded, which justifies bribery and improper use of influence.
In addition, heThe accusation links Freddy Mamani with the Minister of Public Works, Edgar Montaño, because he worked for him. Thursday, Montaño, at a press conference, presented a certificate from the Chamber of Deputies stating that Mamani was never his official when he was a MAS deputy.
Sources linked to INRA Santa Cruz indicated that Mamani directed this institution, and that it was precisely Edgar Montaño who supported him to place him in that position.
The complaint was filed by the MAS deputy, Héctor Arce, who asked the president of ABC that “out of decency” he should resign from his position.
Some compare this case with that of Catler Uniservice, which in 2008 implicated the then president of Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), Santos Ramírez. At that time it was known thatTarijeño businessman Jorge O’Connor D’Arlach was going to deliver a bribe of $450,000 to be awarded the construction of the Río Grande Liquid Separation Plant, when he was shot to death in La Paz.
In terms of money, the Catler Uniservice case has fallen short compared to the current one, which involves the president of the Bolivian Highway Administrator (ABC), Henry Nina, and nine other officials who allegedly accepted the payment of a bribe of Bs 18.6 million ($2.6 million) of which Bs 10 million ($1.3 million) have already been paid, to direct the hiring of Bs 456 million to the Chinese company Harbor Engineering Company (Chec) for the construction of the double track Sucre-Yamparáez.
The indictment document indicates that in February 2021, Zhengyuan, on behalf of the Chec company, appeared at the offices of John Milton, the pseudonym of a protected witness in accordance with number 1 of article 8 of Law 458 on Witness Protection, to requestr “professional support in the preparation, presentation and possible achievement of projects road infrastructure with state and private companies.
John Milton arranged work meetings with different institutions. At the hearing it was learned that with his help they went to the tender on December 27. The qualification commission issued the report on January 5, the award resolution came out on the 6th of that month. But that same day Former ABC manager Cristian Mendieta contacted Zhengyuan and informed him that the rating commission detected that the economic proposal of the Chinese company Chec contained errors. technical calculations that would result in the elimination or loss of the award.
However, as stated in the document, the reports of the qualification commission and award resolution had already been issued. Therefore, it was necessary to “modify and replace some sheets of the proposal presented with calculation errors. Three pages and two forms needed to be changed. That is why he asked her to bring the printer, the foliar and the stamps used in the presentation of his proposal.
Mendieta arranged a meeting with the qualification commission, in the Residencial Bolivia, in Sucre, to exchange the modified and corrected sheets.
A testpresented in the audience, shows a chat on the phone of the Chinese businessman in which they specify the changes that must be made on pages 275, 293 of the proposal, in addition to two forms “without modifying the unit prices, eye,” they say and point out that they were already in the hotel room.
The document indicates that the Chec company printed the economic and technical proposal in La Paz, so it was unable to comply with the requirement of having the printer used at handwore the same foliator and seals.
At the hearing, the judge was presented with photographs the protected witness took in that meeting in the Sucrense residential, in which the businessman Zhengyuan and the member of the qualifying commission, Juan Carlos Hidalgo, participated Chura, who is on the list of defendants.
Mendieta was sent to prison on Friday along with the Chinese businessman. At the hearing, his lawyer specified that at the request of the president Henry Nina released Juan Carlos Hidalgo Chura at the time the complaint was leaked. Similarly, he argued that Nina asked Mendieta to resign, which also happened immediately.
Mendieta’s lawyer warned that Chura Hidalgo and another member of the qualifying commission were dependent on the direction that his client directed. Above the position that Mendieta had, in the organization chart, are Freddy Mamani and Nina.
Before the presented photo, Henry Nina pointed out that he is unaware of this situation. “They must have been the members of the qualification commission. Everyone must be held accountable for their actions.” The road authority warned that immediately will initiate “a process if someone from the commission has participated in that situation behind my back”.
With these arguments, they accuse Nina of the crime of harmful contracts against the Statebecause as president of ABC, knowing that the Chec company did not comply with the requirements established in the DBC, and in order to obtain economic benefits, he ordered and authorized the pre-dated and pre-prepared preparation of the report of the qualification commission to later correct and replace documentation.
Breach of duties, because refused to conduct a transparent hiring process under the modality of public bidding, he sought to obtain an illegal economic amount requested from the Chinese representative, the same that was made effective after the payment of the advance.
uneconomic behavior, because he directed the award to a company that did not meet the requirements of the DBC, favoring the company with a targeted qualification report. It did not allow the State to award the construction of the highway to the company with the best proposal, causing damage to property and the interests of the State.
Chec received other works that were concessioned during the Government of Evo Morales. In April 2016, the Santa Rosa-Remanso-Puerto Villazón section for an amount of US$569 million.
In November 2016, the construction of the San Borja-San Ignacio de Moxos road, for $210 million. In 2017, Trinidad-La Moroña-Guayaramerín-Ramo La Moroña-Puerto Ustarez for US$1,216 million. In December 2018, the rehabilitation of the Santa Cruz-Trinidad-San Javier and Puerto Varador-Trinidad roads, for $71 million. In the case of the Charazani-Apolo-Tumupasa section, its two sections were approved this year by Deputies, they will be financed by Eximbank at a cost of US$735 million, according to official data. This year the double track began in Chuquisaca.
The manuscript of the Chinese businessman.
The chat between the Chinese businessman and an ABC official.