to stand trial for the offences referred to
in paragraph 2.2 above. This decision
was challenged by the alleged victims on 16 and
22 February 1989, respectively.
them could only speak English, a language they
did not master. Further, they allege that their
statements before the examining magistrate were
not only recorded incorrectly but deliberately
altered.
4.2
The proceedings were then transferred to
the Magistrates Court (Juez Quinto de Partido en
lo Penal). The State party indicates that the
process of evidence gathering, reconstruction of
the facts and hearing of witnesses has been
protracted, but that it is approaching its final
stage. Such delays as occurred are said to be
partly attributable to the judge’s desire to gather
further evidence, which would enable him to
render his judgment.
3.2
It is submitted that Messrs. Fillastre and
Bizouarn were held in custody for ten days
without being informed of the charges against
them; this was reportedly confirmed by the
arresting officer, upon interrogation by the
examining magistrate. As to the circumstances of
the investigatory phase of the judicial
proceedings, the author claims that several
irregularities occurred in their course.
Furthermore, the court hearings allegedly were
postponed repeatedly because either the legal aid
attorney or the prosecutor failed to appear in
court. More generally, the author claims bias on
the part of the judge and of the judicial
authorities. This is said to be evidenced by
the fact that the Bolivian authorities allowed
Ms. Zimmerman to leave Bolivia without any
plausible justification and never sought her
testimony before the examining magistrate,
although she had been indicted together with
Messrs. Fillastre and Bizouarn.
4.3
The State party points out that
Messrs. Fillastre and Bizouarn are likely to be
found guilty of the offences for which they were
indicted, in particular the kidnapping of a minor
(article 313 of the Penal Code): this offence is
punishable by imprisonment of one to five years.
In the event of their conviction, they would retain
the right to appeal conviction and sentence
(recurso de apelación), pursuant to articles 284
and 288 of the Bolivian Code of Criminal
Procedure. In the event of an unsuccessful
appeal, they would be able to subsequently
request the cassation of the judgment of the
Court of Appeal (recurso de nulidad), pursuant
to article 296 of the Code of Criminal Procedure.
3.3
As to the conditions of detention at the
prison of San Pedro, they are said to be inhuman
and degrading. In this context, the author submits
that, on account of the psychological stress as
well as the poor conditions of detention, her
husband has become addicted to alcohol and
drugs and lost his will to live.
4.4
In respect of the author’s claim of a
violation of articles 14, paragraph 3(b)and (d),
the State party contends that both Mr. Fillastre
and Mr. Bizouarn have received legal assistance
throughout the proceedings, not only from the
French consulate in La Paz, but also from one
privately and one court-appointed lawyer.
The alleged victims have consistently assisted
the court sessions, together with their
representatives.
3.4
Finally, the author claims that her
countless efforts, since mid-September 1987, to
obtain her husband’s release have not
met with any response. She maintains that,
notwithstanding the various promises made to
her by the French authorities, no official attempt
was made to obtain her husband’s release, nor to
improve the conditions of his detention.
4.5
The State party further contends that
since the authors were properly indicted and the
judicial proceedings continue to take their normal
course, the accused remain lawfully detained at
the Prison of San Pedro in La Paz. The State
party does not, however, indicate whether the
accused were promptly informed of the charges
against them, and whether they were brought
promptly before a judge or other officer
authorized by law to exercise judicial power.
The State party’s information and observations
4.1
The State party provides a chronology
of the judicial proceedings in the case and
indicates that a judgment at first instance
may be expected by mid-August 1991. It notes
that the preliminary investigations were initiated
on 14 September 1987, with the consent of
the examining magistrate (Juez Instructor en
lo Penal); they were concluded by decision
of 29 December 1988 (auto final), which
committed Messrs. Fillastre and Bizouarn
4.6
As to the author’s complaint about
undue delays in the judicial proceedings, the
State party points out that criminal investigations
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