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 97