BOLIVIA: CONGRESS GETS SANCHEZ DE LOZADA CASE FILE; IMMEDIATE DECISION EXPECTED

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06701893
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: December 28, 2022
• Document Release Date: September 27, 2018
• Case Number: F-2017-02169
• Publication Date: January 30, 2004

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UNCLASSIFIED.
PLACE Bolivia
PERSON Gets Sanchez
PERSON La Paz La .
PERSON La Paz El
PERSON PresidereGonzalo Sanchez
PLACE Sucre
JOB TITLE Attorney General
PERSON President Armando VIllafuerte
JOBTITLE Public Prosecutor
PERSON Gonzalo Sanchez
PERSON Ministers Carlos Saavedra
PERSON Carlos Sanchez
PERSON Javier Torres
PERSON Goltia Caballero
PERSON Hugo Carvajal,
PERSON. Adalberto Kuajara
PERSON Dante Plno,
PERSON Erick Reyes Villa,
PERSON Mirtha Cruevedo,
PERSON Javier Combonl
UNCLASSIFIED
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PERSON Carlos Morales,
PERSON Jorge Berindoague
PERSON Jose Guillermo Justinian�,
PERSON Jorge Torres
, PERSON Eva Morales
PERSON Felipe Ouispe
PERSON Alejo Veliz
PERSON Jaime Soiares,
PERSON Oscar 01Wera,
PERSON David Vargas,
PERSON Faustino Ugarte
JOB_TITLE President
PERSON Jaime Paz Zamora
PERSON Oscar Eld
PERSON Manfred Reyes Villa
CONTENT
COUNTRY: BOLIVIA SUBJ: Bolivia: Congress Gets Sanchez de Lozada Case
File; Immediate Decision Expected REF: 1. Boihtia: Sanchez de Lozada Files
Appeal To Block Formal Indictment LAP20040128000051 La Paz La Razon
(Internet Version-WWW) Spanish 28 Jan 04 SOURCE: La Paz El Diario (Internet
Version-WM) in Spanish 29 Jan 04 TEXT: iLlnettributed report: "Sanchez de
Lozada Prosecution: Congress Receives Cage File; Must Take immediate
Action") [MS Translated Text) The National Congress received the case file for
the trial against former President Gonzalo Sanchez de Lozada and his ministers
yesterday, and as soon as possible will have to pronounce itself in favor or
against commencing proceedings. From Sucre, the news agency Fides reported
that the Full Chamber of the Supreme Cqurt had ruled to refer the indictment
procedure, only four days before the Co anal Court admits or rejects a
move that could paralyze dealing with the issue for at least two months. The
document was sent to Congress after the Criminal Court's report was published,
In which judges ratified the observations that had been made regarding the basis
of the indictment request lodged by the Attorney General of the Republic. The
Supreme Court judges decided to prevent more reasons for delay coming up in
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the potential hearing of the trial and they referred the file to the Legislative
Branch, as is established In Article 3 of the "Law on Trials of Responsibility,
against High-Ranking State Officials." Supreme Court ruling 12/2004 makes it
dear that from the indictment request "one can Infer that the Attorney General
has not saved the observation's for which the case was returned to him."
"However, the Full Chamber considers that it Is not pertinent to return said case.
to the Attorney General who, despite admitting its precariousness, has supported
the contents of this request," the text adds. In the section on the ruling, the
document determines that: 'therefore, the Full Chamber of the Supreme Court of
Justice of the Nation refers the case to the National Congress, following
previsions contained In Article 118, subsection 5, of the State Political
Constitution, and Article 3 of Law 2,445 of 13 March 2003." Two Thirds After the
Full Chambers meeting, Supreme Court President Armando Villefuerte
confirmed that the file had been sent to Congress, for that entity to authorize or
reject beginning the trial against [the former president and his ministers), which
would have to be passed by 2/3 of the votes. "The Supreme Colin, gathered In '
Full Chamber, after summoning two supplementary judges to reach the
necessary quorum, has ruled to refer the file, following the contents of Law 2.445.
Nevertheless, in the Full Chamber's opinion, the observations that at the time
were made on the indictment request have not been saved," he said.
Thejudicial authority said that they had taken this line of action to avoid "an
unnecessary to-and-fro of the case between the Supreme Court and the Attorney
Generars Office." When asked about the likely fragility of the accusation, due to
the lack of foundations in the Public Prosecutor's indictment request, Villafuerte
said that Congress had its own attributes and would have to pronounce Itself with
a legally founded" ruling regarding the issue. Legal Acton The referral of the file
to the National Congress occurred a few days before the Constitutional Court
decides whether it will admit or reject the direct motion for nullity presented last
week against the Attorney General's indictment request. The trial would be
paralyzed for at least two months if the legal action Is admitted, because the
document would have to be referred to that legal entity for It to consider how to
deal with the case. A rejection would make it possible for the document to be '
returned to the National Congress, for it to continue its normal course, as
established In the Law on Trials of Responsibility. The Constitutional Court has
until 3 February to pronounce itself on the matter. Accusation The accusation
establishes that a frial of responsibilities should be commenced against Gonzalo
Sanchez de Lozada. The Public Prosecutor's Offices requested proceedings to
be commenced for crimes referring to violations of constitutional and individual
guarantees, as wen as genocide. The accusation also implicates former Ministers
Carlos Saavedra, Carlos Sanchez Berzain, Yerko Kukoc, Javier Torres Gala
Caballero, Hugo Carvajal, Guido Anez, Adalberto Kuajare, Dante Pino, Erick
Reyes Villa, Mirtha Ouevedo, Javier Comboni, Carlos Morales, Jorge
Berindoague, Jose Guillermo Justinian�. and Jorge Torres. The documents also
opened up the possibility of commencing criminal proceedings in normal courts,
against the leaders Evo Morales, Felipe Cluispe Nuances, and Alejo Veliz, in
addition to Jaime Solares, Roberto de la Cruz, Oscar Oilvera, David Vargas, and
Faustino Ugarte. However, the accusation freed [former President) Jaime Paz
Zamora and Oscar Eld from the Movement of the Revolutionary Left (MIR) and
Manfred Reyes Villa of the New Republican Force (NFR), because they did not
occupy public posts and were only carrying out activities as heads of a political
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coalition: [Description of Source: La Paz El Mario (Internet Version-WWVV) in
Spanish � Conservative newspaper) THIS REPORT MAY CONTAIN
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