CIVIL LIBERTIES UPDATE

C O N F I D E N T I A L LA PAZ 002515

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/18/2016
TAGS: ECON PGOV PREL BL
SUBJECT: CIVIL LIBERTIES UPDATE

REF: LA PAZ 2130

Classified By: Amb. David N. Greenlee for reasons 1.4 (b) and (d).


1. (C) Summary: GOB-initiated legal actions and MAS efforts
to seek a new constitution to its liking raise questions
about GOB respect for civil liberties. An update on three
leading cases underscores this issue and highlights the need
for greater judicial independence as well as guarantees of
basic civil liberties in Bolivia's new constitution. We will
monitor closely how Bolivia's next constitution might affect
civil liberties. End Summary.


2. (U) Juan Antonio Morales: An investigation by
prosecutor Milton Mendoza into the withdrawal of 20 million
bolivianos (USD 2.5 million) has implicated the former
Bolivian Central Bank president. Mendoza is accusing Juan
Antonio Morales of violating bank procedures for allowing
officials from the Gonzalo "Goni" Sanchez de Lozada
administration to withdraw GOB funds during the October 2003
civil unrest. Despite Juan Antonio Morales' explanation that
the funds were authorized and verified by the appropriate
officials, prosecutors continue to pressure and interrogate
Morales without filing formal charges.


3. (U) Marcela Nogales: On September 7, the Criminal Court
in La Paz ratified its August 3 order to keep Nogales in
preventative detention for her alleged role in the withdrawal
of GOB funds in October 2003 when she was general manager of
the Bolivian Central Bank. Prosecutors claim Nogales abused
her office by authorizing the release of money allegedly used
for military operations that resulted in the deaths of
approximately 60 civilians. Nogales, originally placed in
custody as she was boarding a plane with her family to
Santiago, Chile, where her husband now works, has been held
in preventative detention for over six weeks. Formal charges
have not been filed against her.


4. (U) Jose Maria Bakovic: The former president of
Servicio Nacional de Caminos (SNC),Bolivia's National Roads
Agency, was imprisoned for three weeks in April for
corruption. Bakovic, who was released on April 21, has yet
to be formally charged but is prohibited from leaving La Paz.
On September 1, prosecuting attorney Fernando Ganam
suspended the case, a prosecutorial prerogative used to
obtain additional time for case preparation. The suspension
may give Bakovic a legal claim against the GOB for a delay in
justice, which if successful, could lead to dismissal if the
GOB fails to proceed with the case within 18 months from the
filing of the claim.


5. (C) Constituent Assembly (CA): The CA remains a work in
progress, but purported constitutional drafts circulated by
MAS delegates suggest the MAS may seek to limit basic civil
liberties, such as free speech, free press, and assembly
rights (reftel). The MAS also may seek to fundamentally
alter the judicial branch via the popular election of judges.
COMMENT: We will continue to monitor closely how Bolivia's
next constitution might affect civil liberties. END COMMENT.
URS