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Thursday, February 24, 2022

Tomatirenda, the Guaraní community that disappeared in the floods

 According to the report, more than 500 families have been affected throughout the disaster zone, 38 of them have lost all their belongings and 81 are at risk.

Five days have passed since a flood caused havoc in the Guaraní territory of Itika Guasu, in the municipality of Entre Ríos in O'Connor province, and the full extent of the damage is not yet known, but preliminary information is not at all encouraging. The overflowing of the creek, disappeared the community of Tomatirenda, there is no trace, everything is mud and sticks.

According to the report provided by the Civil Defense, in the disaster area, Tomatirenda is the most affected, with 95% of losses. Therefore, 23 families reported material losses; there was a total loss of houses; in addition, they were left without a school, a Sentir Center, or a school garden.

The governor of Tarija himself, Oscar Montes, recognized that it will be difficult to rebuild the community of Tomatirenda, since it is more practical to analyze the possibility of moving it to another site in order to build it again.

As for the missing persons, it is estimated that nine of them belong to Tomatirenda, while one of them is from Moko Mokal.

According to the account of the inhabitants and the report handled by the authorities, the rains began in the Itika Guasu mountain range, overflowed on Sunday night, and initially affected the communities located in the headwaters, such as Agua Buena Yukupita and Morteritos, which suffered damage to their crops.

The creek then reached Tomatirenda, where it caused the most damage, followed its course through Filadelfia, Ñaurenda, Saladito de Ñaurenda, Moko Mokal, Itayuru, Timboy and Salado Grande. Losses ranged from agricultural crops, houses, household appliances, clothing, food, part of their harvest, as well as their livestock.

Families affected

According to the report provided on Wednesday, the flood left a total of 525 families affected. From Tomatirenda there are 40; from Filadelfia, 20; from Ñaurenda 130; from Saladito de Ñaurenda, 42; from Moko Mokal, 63; from Ytayuro, 34; from Timboy, 150; from Morterito, 46. However, there is still no record of Agua Buena Yukupita or Salado Grande.

As for the number of people affected or with material losses, there are a total of 38 families with total losses, while 81 families are at risk. In detail: 23 families in Tomatirenda have total losses, including their homes; in Filadelfia, two families have total losses, but seven are at risk.

In Ñaurenda there are two families with total loss, including their homes, and 20 homes and the health center are at risk; in Saladito de Ñaurenda there are four families with total loss, including their homes.

Moko Mokal has four families with total loss and 18 at risk, in addition to the productive center, the community house and the Sentir Center; Itayuro has one family that has lost everything, but six others are at risk.

Meanwhile, Timboy has eight families at risk, in addition to the risk of losing their educational unit, the health center, the community center, the productive development shed and their church.

There are missing students

According to the report handled by the Municipal Government of Entre Ríos, there are 10 people missing as a result of this natural disaster, three of them have already been found dead, but the search is still ongoing.

In this context, the head of the Departmental Directorate of Education, Pedro Ordoñez, who visited the area, has confirmed that, of the 10 missing persons, three of them are students, two belonging to the community of Tomatirenda and one to Ñaurenda.

For the time being, classes have been suspended due to the emergency situation in this Guaraní area.

Government announces that it will replace the houses

The director of the State Housing Agency (AEV) regional Tarija, Anibal Martínez, informed that the houses that have been affected by the overflowing of the Ñaurenda creek, in the municipality of Entre Ríos of the province O'Connor, will be completely rebuilt through the program "Housing for Emergencies".

The program "Vivienda Damaged Housing Housing Replaced", he mentioned, while indicating that there is a record of at least between "130 to 140 affected homes", a number that could increase and that will be confirmed through the information that will be collected in the following days.

Aid continues to arrive

The disaster situation that 10 communities of the Guarani territory of the O'Connor province are going through has touched the hearts of the inhabitants of the department of Tarija as well as the interior of the country, who showed their solidarity and sent food, clothing, toys and other goods for the affected families.

The mayor of Tarija, Johnny Torres, along with a delegation of municipal officials moved on Wednesday morning with a truck loaded with things to help the victims of the indigenous territory.

A similar situation occurred with the Minister of Defense, Edmundo Novillo, who in his visit to the community of Timboy, arrived with humanitarian aid, arguing that so far there are more than 13 tons of food and food assistance for the affected families, as an immediate response of the central government to the request for help from local authorities and residents of the localities.

Tomatirenda, the Guaraní community that disappeared in the floods

Mesa demands government to condemn Russian invasion and Tuto urges to defend Ukrainian sovereignty

  After the first military operations following Vladimir Putin's order, the leader of Comunidad Ciudadana (CC), Carlos Mesa, demanded the Bolivian government to condemn Russia's "invasion" in Ukraine, which he considered "imperialist".

"We demand the government to express Bolivia's condemnation of the Russian imperialist invasion of the Republic of Ukraine. Peace, sovereignty and freedom of countries, are essential values that we must defend above ideologies. Our solidarity with the Ukrainian people," Mesa posted on social networks.

Likewise, former President Jorge Tuto Quiroga expressed his solidarity with Ukraine and urged 21st century socialists to defend Ukrainian sovereignty today.  

"We hope that chavistas, socialists XXI and ForoPueblistas, who stirred up for years ghosts of US invasions that NEVER materialized, today defend Ukrainian sovereignty," Quiroga also described on social networks. 

The MAS government has close relations with Russia. During the pandemic, President Luis Arce has had telephone conversations with Putin to arrange the arrival of Sputnik V vaccines. 

Mesa demands government

Comadres Thursday and its beginnings in the neighborhoods of Tarija

 This Thursday, February 24, the "Comadres" will gather at the Integration Avenue, where the Municipal Government of Tarija will hold the "Traditional Meeting of "Comadres". Vaccination card will be controlled 

Comadres Thursday has arrived and, after two years of pandemic, groups of friends are preparing to share pleasant moments. And not only in Tarija, because this festivity has gained followers throughout the country over the years. According to researchers, this festival has its origins in Spain, although it was influenced by the local agricultural calendar.

In Tarija it is more than an institution, it is a tradition that reflects the Tarija people's way of being, cheerful and friendly. Jacinta has made comadres since she was ten years old, she assures that the Chapaca tradition is in her blood. She remembers that several decades ago entire families were dedicated to the handmade elaboration of "tortas" for sale.

The "tortas" sellers were known in Tarija as "Comadres artesanas", being the traditional places of elaboration and sale of these delicacies the San Roque and El Molino neighborhoods, in addition to the town of San Lorenzo, known as "Tarija, la Vieja" (Old Tarija).

"First it was the mothers, then the daughters and today the granddaughters and great-granddaughters who keep this tradition alive", explain some of the comadres who still persist in working in the elaboration of the cake, in spite of their advanced age.

Jacinta says that since she was a child she helped her mother to sell the cakes and reveals that she later taught her own daughters how to make them. However, she is reluctant to give us the recipe, while she arranges her baskets on pillars to take them to sell them at the Theme Park, since this is now the place where they are sold.

"Before, it used to be very nice, more joyful the feast of Thursday of Comadres", remembers with nostalgia Victoria Mogro, one of the oldest "cumitas" of Tarija and part of "the traditional comadres of the San Roque neighborhood".

Although today the tradition is still very much alive, they say that there was a time when it declined, but the effort of the "cumas" Chapacas managed to bring it back to life.

The rescue of the party

According to the Tarija writer René Aguilera Fierro, in the 1980s the custom of compadres and comadres resurfaced with great interest. The tradition was reborn in Tarija, turning to the neighborhoods and streets, with great color, joy and simplicity.

For the historical character, Aguilera emphasizes that it should be mentioned that until 2002 it was celebrated and danced in the square "Luis de Fuentes" or Main Square. He says that there, in front of the kiosk, a precarious stage was set up, where the authorities and the qualifying jury were installed, the few groups of comadres arrived by General Trigo street.

According to the writer, the most enthusiastic were the comadres of El Molino and San Roque neighborhoods, in addition to other groups that were organized circumstantially, because the members did not have the vision of organization so they quickly dissolved.

The celebration began on the eve with the preparation of cakes, which were sold in markets and adjacent streets, thus began to grow the installation of stalls selling cane baskets, cakes, banderillas, mixtures, streamers, candy and fruit.

Until 1997, the entrance of the compadres was only at night, in the groups only the men danced, but since 1998, it took place in the morning and in the company of their partners, according to the story "this was a success".

Thus, from the year 2000, the party was held at the Compadres Field. While the party of the comadres, both during the day and at night, was a preview of the Carnival and after the main entrance was held in private homes or premises. Care was always taken to restrict the entrance of men.

According to Aguilera Fierro, the group of comadres from the El Molino neighborhood, who organized themselves during the 1983 carnival with the objective of celebrating with the family, should be highlighted as pioneers. They went out to the Uriondo square to express their joy, being this the first public manifestation of the Comadres Festival. In chronological order, the Comadres of the San Roque neighborhood followed, who organized themselves in 1986. 

The last year that the entrance of Comadres was held in the Plaza "Luis de Fuentes" was in 1999; the stage was changed for a more comfortable and spacious stage, which was located on the corner of General Trigo and 15 de Abril Streets. From the year 2001, the city council decided to hold the Entrada de Comadres in the Avenida "Victor Paz Estenssoro" and nowadays it is held in the Avenida Integración.

The Integration Avenue will gather the "Comadres".

The "Encuentro Tradicional de Comadres", an event organized by the Department of Tourism and Cultures of the Municipal Government of Cercado, will take place in the Integration Avenue.

Due to the Covid-19 pandemic, participation was limited to no more than 20 members per group.

In addition, those wishing to participate must present their vaccination card.

As of Wednesday, only five groups had registered, however, it is expected that more participants will register during the course of the day.

The event will start at 18.30. Attendees will be controlled to wear a mask and alcohol gel.

Tickets are on sale at the Tourist Office and at the Revenue Office, at El Molino market.

Entrada de Comadres


Wednesday, February 23, 2022

On-site classes return on March 14 in Santa Cruz

 The decision was made at a meeting between departmental and municipal authorities and the school community. Days before another meeting will be held to evaluate if the return is feasible.

On Wednesday, at a meeting between representatives of the Departmental Directorate of Education (DDE) of Santa Cruz, parents and municipal authorities, it was decided to return to classes on Monday 14 of next month, after an evaluation at a similar meeting scheduled for Thursday, March 10.

The announcement was made by Mayor Jhonny Fernandez and supported by the departmental director of Education Edwin Huayllani, after listening to the position of the entire student community and representatives of rural and urban teachers, who agreed to question the prioritization of the Carnival before the educational issue.

"There is a report from the doctors, we are (with cases of covid-19) in decline more and more, the issue of the carnival is an excuse that is being sought, if we did not open the carnival they were going to say that we are against the economy," Fernandez refuted to the questioning.

In addition, the municipal authority pledged to ensure the necessary supplies and biosecurity materials to protect the health of students and request coordination with the Departmental Health Service (Sedes) to strengthen vaccination with priority in educational units.

Currently, in several cities of the country, regional authorities have decided to return to on-site classes, since cases have decreased considerably. In the capital city of Santa Cruz, several educational units, especially private ones, are already having face-to-face and semi-presential classes.
March 14 in Santa Cruz

Report: Military stole Bs 2.7 MM from two bond payments

 The cashier of the Viacha regiment detailed that between 2012 and 2013 he delivered the embezzled money to Juan José Zúñiga, current Army Chief of Staff.

A report addressed to the Army commander, Fernando Zeballos, in 2013, revealed that that year the head of the 23 Max Toledo Regiment in Viacha, Juan José Zúñiga, received 2,780,465 bolivianos illegally. According to the document, the money came from the systematic theft of funds destined to the payment of the Juancito Pinto and Renta Dignidad bonds.

Zúñiga, current Army Chief of Staff, was promoted to the rank of general on February 11 by President Luis Arce, in an act that, according to the military, "broke the military hierarchy in the Armed Forces (FFAA)". The uniformed questioned the promotion due to the fact that the officer does not meet the requirements and had a summary executed for the robbery in 2013.

In addition, the active duty military accused Zúñiga of leading a group of uniformed men called "Pachajchos", dedicated to smuggling.

Viacha

The report of the systematic theft was issued on November 28, 2013 by Warrant Officer Porfirio Quispe, designated as cashier in that military unit.

"During the 2012 and 2013 managements, by order of Lieutenant Colonel Juan José Zúñiga Macías, (...) I proceeded to deliver to that superior officer all the balances corresponding to food, payment Renta Dignidad, Juancito Pinto, fuel and others. I do not know the purpose for which they were destined", states the first point of the eight that appear in the document.

Next, the cashier detailed the amount of money given to Zúñiga, which should have been used to buy groceries, meat, vegetables and gas between January and October 2012. One column shows the "balance" of the bonus money, which added up to 344,942 bolivianos, including amounts for the months of May and June 2013.

Item 3 states that, according to superior orders, Zúñiga was to form groups of soldiers to go to the towns of Laja, Charaña, Santiago de Callapa and San Pedro de Curahuara, "at which points they were never paid, they were only paid in the city of Viacha (the discharges) to account for this effect, such as the certifications of the authorities, which were ordered to be made by order of the commander (Zúñiga)," the cashier detailed.

This item lists another eight amounts totaling 60,229 bolivianos, also given to Zúñiga.

Point 4 explains that the balances of the Juancito Pinto bonus were reversed, but not the money destined for "operating expenses", which remained in the officer's possession and totaled 69,344 bolivianos.

In the same paragraph, it is stated that up to that date, Zúñiga had in his hands 2,355,000 bolivianos, "as well as for the payment of per diem and operating expenses in the amount of Bs 58,294". In the fifth point, the cashier revealed that in addition to this money, Zúñiga also embezzled 70,950 Bolivianos that were destined to cover the "maneuvers (military demonstration) in Patacamaya".

On the last two points, the cashier claimed that he was the victim of threats and intimidation against his family members. He wrote that Zúñiga claimed that General Luis Begazo was following him because of suspicions that he was involved in drug trafficking and that he was suspended from his post without explanation.

Página Siete published on February 11 the result of the military summary executed in January 2014 against 13 military personnel involved in this robbery. The maximum sanction was seven days of arrest imposed against Zúñiga and the cashier.

To date, the Minister of Defense, Edmundo Novillo, has not commented on the allegations against Zúñiga, but high-ranking officials confirmed to this newspaper that the military's background was reported to President Luis Arce in September 2021. 

I owe nothing

    Counterpart Consulted on the summary against him, for the alleged embezzlement of the money from the Juancito Pinto and Renta Dignidad bonuses, General Juan José Zúñiga affirmed that it is all "a vile lie, a vile slander". He assured that in order to be promoted to each position, certifications must be presented and that he would have the documents that prove that he does not owe anything, "I have never owed a single cent", of the Juancito Pinto and Renta Dignidad bonuses.

    Generals Zúñiga affirmed that 10 of the 12 generals who were promoted with him, resort to these "desperate" actions to replace him.

Juan Jose Zuñiga


Tuesday, February 22, 2022

"In Bolivia, justice is far from the people": UN rapporteur presents preliminary observations

  García-Sayán ends his official visit to Bolivia after seven days of intense meetings with different sectors. He considers the cases of release of convicted criminals worrying.

Diego García-Sayán, United Nations special rapporteur for judicial independence and lawyers, issued on Tuesday nine preliminary observations at the conclusion of his official visit to the country.

His first conclusion was that "in Bolivia justice is far from the people", while expressing concern about the cases of release of convicted criminals and the increase in acts of violence against women, which are not punished by a "gap" that exists in access to timely attention.

"In Bolivia, justice is far from the people, to the extent that there is an urgency in Bolivian society for justice to respond to daily dramas, the understandable and legitimate reaction to the release of convicted criminals through corrupt means," he said.

He also referred to the situation of former president Jeanine Áñez, who could not be transferred to a medical center to be evaluated. He maintained that the State must be responsible for guaranteeing the wellbeing of all persons deprived of liberty, in addition to invoking that the guarantees and norms of "due process" be respected in this and other cases.

His observations:


"I cannot respond, Mrs. Áñez has her legal defense, the rapporteur cannot be able to advance an impression on innocence or criminal responsibility, we can only advocate for the respect of the due process", he said almost at the end of his press conference.

Likewise, he regretted that only half of one percent of the national budget is destined to the judicial area and that only 44 percent of the country's justice administrators are career administrators, most of them being transitory.

He considered that it should be evaluated whether it is appropriate to maintain the election of magistrates through the ballot box, admitting that evidence shows that this mechanism "does not work". He urged the different social sectors to reach a national agreement to face the reforms in this body. 

Two dead, eight missing, 29 families lost everything

 Civil Defense indicates that these figures may increase. There is no electricity or water in the towns that were affected by the heavy rains and floods of the past hours.

The rains and floods registered in Entre Ríos, O'Connor province (Tarija), left a preliminary balance of two people dead, eight missing and 29 families who lost everything, according to data from the Vice-Ministry of Civil Defense released on Tuesday.

The Vice Minister Juan Carlos Calvimontes, affirmed that these numbers may increase, due to the fact that some localities are still not contacted, because they were left without electric energy and they do not have drinking water either.

"We have quantified 10 affected communities, eight people missing, two dead, children, four and 12 years old, and there are 29 families who have lost practically everything, 100 affected families, 23 damaged houses, six under the mud, two educational units, and 90 percent of the local roads are practically cut, there is no access by land," said the authority.

According to Calvimontes, this is the "disaster of the greatest magnitude that our country has suffered as a result of this season of rains and floods". Food, supplies and other goods are being sent to assist the victims.

The interview:

"A shelter has been installed in the city, but unfortunately there are no families who want to leave their communities, they are seeking refuge where relatives or neighbors. The President has instructed the Armed Forces and Civil Defense to mobilize, we have taken a ton and a half of food", added Calvimontes, referring that 50 million Bolivianos were destined to attend the emergencies. 

Search for missing persons

Firefighters of the National Police and Volunteer Groups, among them SAR del Sur, Ángeles en el Fuego and Brasschaat, resumed this Tuesday the search for people missing due to the overflowing of the Itayuro stream, in the municipality of Entre Ríos (Tarija).

Community members tell authorities what they have seen in the disaster area.

About 50 rescuers are participating in this task with the mission of finding the bodies that were swept away.

According to the deputy governor of O'Connor province, Gróver Torrejón, it is estimated that 16 people are missing (four have already been located). It is expected that with the beginning of the work, another 12 people will be found.

It is probable that this number is not real and may increase as more information emerges on the second day of the search by the police firefighters and the volunteer groups. 

The director of Risk Management of the Governor's Office, Reiner Figueroa, confirmed the beginning of the search for the missing persons in the midst of the persistent rain and the rescuers plan to advance to the town of Tomatirenda.

Meanwhile, in the city of Tarija, solidarity campaigns are being organized to collect food, water bottles and clothes in good condition for the affected families of Timboy and other neighboring communities.

"We cannot remain indifferent to this disaster that affected the Guarani people. That is why we launched a campaign and we expect the solidarity of the citizenship", said the director of the Departmental Service of Social Management (Sedeges), María Esther Valencia.

The Government of Tarija and other entities joined in this solidarity activity.

Disaster en Entre Rios

Monday, February 21, 2022

Platforms, civic groups and activists gather in seven regions to remember the six years of 21F

There will be demonstrations in different cities "in defense of democracy" and to remember the results of the NO referendum.

Platforms, civic and activists will concentrate this Monday in seven regions of the country to remember the six years of February 21, 2016 (21F), day of the citizen consultation that rejected the candidacy of Evo Morales for a fourth consecutive presidential reelection. On that date, the NO vote was imposed in the vote of the population, with 51.3%.

"This February 21, 2022 marks the sixth anniversary of the Constitutional Referendum in which the people, the only sovereign expressed through the triumph of the NO vote, their rejection to modify the Political Constitution of the State (article 168). In this way, in a binding way, the constitutional prohibition to enable the indefinite postulation to the position of president and vice-president was ratified", states a communiqué from the National Committee in Defense of Democracy (Conade).

Conade representative, Manuel Morales, said that together with citizen platforms and the Permanent Assembly of Human Rights of Bolivia (Apdhb) they will concentrate in the Abaroa square, in La Paz from 10:00, according to ANF.

For his part, the leader of the platform Another Left is Possible and deputy for Comunidad Ciudadana (CC) Alberto Astorga confirmed that they will participate in these mobilizations to show that the platforms are still fighting against the arbitrary actions of the Government.

"Together with Conade, the 21F citizen platforms and the Permanent Assembly of Human Rights, there will be a concentration in the Abaroa square. We are going to demonstrate that Conade and the platforms continue to fight," said the legislator.

In Santa Cruz, the Ana Barba Movement organizes mobilizations in the papal atrium, while the Transparency Bolivia platform invited to concentrate from 18:00 at the foot of Christ the Redeemer.

Morales, pointed out that the Conade of Cochabamba will hold a photographic exhibition from 9:00 in the 14 de Septiembre square. At 16:00 a concentration is planned in the Plaza de las Banderas, "in defense of democracy".

The Oruro Civic Committee will hold a meeting at 10:00 in the 10 de Febrero square, where they will demand the end of political persecution, total reform of the justice system and respect for liberties, rights and constitutional guarantees.

In Pando, the Conade together with the Civic Committee of that region summoned citizens to meet at 9:00 at the civic entity's facilities, after which they will walk the main streets of the capital of Pando.

In Tarija, the Ana Barba Movement and the Tarija Conade will gather from 17:00 in the main square Luis de Fuentes, and the Women for Democracy are organizing in Potosí a rally in the 10 de Noviembre square.

Senator Andrea Barrientos published this Monday that six years ago, Bolivia said NO to the "abuse of power" of former president Morales.

"Six years ago Bolivia said NO to prorroguismo and abuse of power. @evoespueblo, the fugitive dictator, ignored the popular vote, violated the Political Constitution of the State (CPE) and generated death, pain and confrontation. Unity defeats tyrants, Bolivia needs unity and reconciliation," he said on his Twitter account. 

remember the six years of 21F

Studied, passed; but says he lacked $us 15,000 to be appointed judge

 The evaluation of candidates for the position of judges was carried out between December 2020 and May 2021, amid complaints about the election of some who had low grades and did not meet the requirements.

In the midst of the judicial crisis due to corruption and the growing distrust in the operators of justice, a renowned lawyer told of the bitter experience he went through in the application process to opt for the position of Criminal Instruction Judge of La Paz, due to the fact that his extensive trajectory, his academic merits and the good grades he obtained in the evaluations were not enough, but that he failed to "contribute" 15 thousand dollars for a supposed "recommendation" that would allow him to access the judicial appointment.

Justo Contreras (conventional name, because the lawyer asked Página Siete to keep his identity confidential to avoid reprisals in his work) applied, along with 302 other lawyers, to the call launched by the Magistrates Council, in December 2020, to opt for a position in the judicial administration for La Paz.

The candidate thought that all applicants would be evaluated under the same conditions, as required by the regulations of the Judicial Career System: "During the selection process of candidates for judges, transparency and access to information in a truthful, timely, understandable and reliable manner will be guaranteed in each of its phases".

The candidates had to pass several phases to access the position of judges: the qualification of merits (40 points), competence test (60 points), psychological evaluation (recommended/not recommended) and the interview (referential).

Contreras gathered all his documents to accredit his curriculum vitae, in which he had to certify his work experience in the legal field, academic level, postgraduate courses, among others. He also had to certify that he does not have a history of violence, a final charge sheet, cases of prohibition and incompatibility, not having been dismissed in a disciplinary process and others.

Página Siete reviewed the qualification process of the first phase of evaluation of the applicants and attorney Contreras was "qualified" to pass to the next phase.

However, "many who were dismissed, have passed, I do not know how they did it, but they passed and have been enabled," said the jurist, seeing in the next stage candidates who had been previously dismissed in a judicial instance.

The next test was the competency examination. The qualified candidates from different regions of the country had to travel to Sucre to take the written test at the Faculty of Medicine of the Universidad Mayor, Real y Pontificia de San Francisco Xavier.

Contreras said that the exam consisted of 60 questions and there was a three-hour period to complete the test. He said that the exam was very complex and complicated to solve, but there were some who completed the exam in half an hour. Here the candidates had to obtain a high score to qualify for the next phase.

According to the exam scores, the lawyer obtained a score above 40 points, which enabled him to proceed to the next stage.

He mentioned that the psychological evaluation was carried out at the Bar Association of La Paz, for the applicants of this region, which he also passed successfully and was qualified, as shown in the evaluation form. 

Contreras reached the final phase: the interview. This stage took place at the Council of the Magistracy, in Sucre, from April 7 to 10, 2021. Each applicant had to be interviewed individually on issues concerning ethics, office management and proposal. The parameters to be graded were Good (B) and Regular (R), and those who did not attend were simply given NSP.  

The jurist obtained a B (Good), according to the report card. And with this stage, all the tests that began in December 2020 ended and should conclude with the possession of the new best qualified judges, in an event scheduled for June 2021.

He said that once the test was concluded, he returned to La Paz to continue his work. Weeks later he received a call in which he was summoned to the Departmental Court of Justice, in reference to the tests he had passed to access the position of judge.   

"A judge (of criminal matters) called me and summoned me to the Departmental Court of Justice to ask me for that money. He told me, just in case, the 15 thousand dollars is not only for me", assured the lawyer, detailing that the mentioned judge had indicated him that those resources were supposedly going to be distributed among the three instances that have to do with the justice area.

He explained that in that meeting he was told why he applied for a court that was "very desirable", since there were so many others in civil and family matters. He was also told that they were in charge of making a "recommendation" report for those who were going to access the position, since it was not enough the tests approved in the qualification process, but he had to put the 15 thousand dollars for the designation.

The lawyer told that it was impossible to pay that amount of money, besides he did not see it ethical to do that to access a position that has the responsibility of administering justice.

"I did not agree, and a week later the judges have been appointed to this position", he said.

According to the affected party, the judicial authority who called him was a "collector" who collected these amounts for others, who were hiding behind him so as not to be involved in corruption. 

Judges observed

    2020-2021 Different lawyers questioned the appointment of the former departmental prosecutor of La Paz, Edwin Blanco Soria, to the position of judge, due to the fact that three other applicants obtained better qualifications, and he is also investigated for concealing evidence in the case of Jhiery Fernández.

    2021-2022 The lawyer Jorge Valda denounced that Marco Antonio Vargas and Liz Avilés, judges who will judge Jeanine Añez, acceded to the position in an irregular way, with low grades.

appointed judge


Sunday, February 20, 2022

Impossible" rules and helplessness: the ordeal for independent taxpayers

 Independent professionals and heads of sole proprietorships complain about the obligation to declare invoices only for specific items. The SIN assures that the rule is complied with transparently.

At the doors of the offices of the National Tax Service (SIN), on 20 de Octubre street in La Paz, some 30 people in line protect themselves from the intense sun with the umbrellas they used just before for the rain. Most of them are "independent taxpayers" and wait their turn with doubts and complaints.

"I closed 2020 the NIT that I opened as an independent professional and it turns out that yesterday I get a notification saying that I have high fines; they did not take the closing of my NIT and now they want me to pay their mistake", claims Julia A. "I have three open processes and now they open me another one says that for a false invoice of 2014, how can it be? There is no way to defend yourself, they force you to present invoices of an item that they do not reach and you have no choice but to buy; in the end it is the same: you pay or you pay", laments consultant Ramiro H.

Similar complaints arrive daily at the offices of the SIN and other instances. According to the statistical report of the Ombudsman's Office, in the years 2019 to 2021, the institution attended 42 complaints against the National Tax Service. Of these, 20 -the majority- were for labor rights violations and 16 were for complaints and petitions from taxpayers who did not obtain answers.

"Most independent taxpayers do not file complaints because it does not do much good. You always lose before Taxes," Julia stresses.

Bolivian law - through the Tax Code, Law 843 and regulatory supreme decrees - establishes that any person, whether natural or legal, who habitually engages in the sale of movable goods, imports, performs works or provides services or renders services of any nature is a taxpayer of Value Added Tax (VAT). Generally, they are also obliged to register as taxpayers of the Transaction Tax (IT).

"When economic activities are carried out, natural or legal persons are obliged to register as direct tax payers and, in the case of legal persons, also as withholding agents of taxes payable by third parties. Registration implies obtaining a tax identification number (NIT)," explains a tax advisor who asks to keep his name confidential due to the nature of his activity.

"In every State people must pay taxes and our country is no exception. Therefore, every person or business that carries out an economic activity has the obligation to carry out its activities in accordance with current regulations. Obtaining a NIT gives you the legal security that your activity is legal and recognized by the State", explained the SIN in an institutional response to a form from Página Siete.

What obligations and benefits does a person who obtains a NIT have? "Among the most important rights that the taxpayer has is to be informed and assisted in the compliance of his tax obligations and in the exercise of his rights; among his most relevant obligations is to be registered in the National Taxpayers Registry in the activity that corresponds to him, in addition to determine, declare and pay correctly and on time his taxes, as established in the Commercial Code and Tax Code", was the institutional response. 

The self-employed

"I am registered as a 'self-employed professional' and it turns out that in order to discharge taxes you can only present invoices related to 'stationery', light, telephone, water; that is to say basic services, as if I were an office and not a self-employed professional who works at home and whose tool and office is basically the computer. Besides, don't we eat, aren't our expenses daily life itself, such as the market, clothes or the pharmacy, don't we generate taxes that those businesses or services pay with all the invoices we present? It is absurd," questions independent journalist Cecilia Lanza.

She points out that, in addition, for the sector there is double invoicing derived from the annual tax. "Again, as if we were a company that generates profits, nothing could be further from reality. Practically everything that one has earned with effort ends up going to pay taxes. One ends up working for the SIN, when there is a large portion of society - smugglers, large, medium and informal traders - who do not pay a penny of taxes. The minimum percentage of those of us who pay taxes pay for the great majority and on top of that we are squeezed. That is why it is very difficult to undertake and trust in this country", he stresses.

The SIN assures that it is committed to the norm: "Article 8 of Law 843 establishes that the tax credit originates in purchases, acquisitions, hiring or definitive imports, linked to the taxed activity. Therefore, expenses that are not linked to the taxed activity cannot be considered for a VAT Tax Debit compensation."

"Now the modality of teleworking has made it more difficult to identify purchases or expenses linked to the taxed activity (for example, the internet service in a house serves both for work and for other things) and there is no objective way or specific rule that allows to do so. As long as the issue is not regulated, it is better not to compute the tax credits of these purchases for VAT (but they are useful for IUE or RC-VAT)", advises the expert.

"In Bolivia, the tax system is so complex and the tax burden so great, that many prefer to work informally or hide behind simplified regimes", he adds. 

"A torture." 

"This is the second time I open NIT. I closed it before for similar reasons: they took a lot of money from me unjustly, it's torture," Lanza laments. "And when I complained to the official on duty, he said that 'they had to meet monthly collection goals', so there were no reasons or arguments but to take money from the taxpayer. This is how we are: impotent, helpless".

The SIN maintains that through the Call Center 800103444, the service platforms and social networks it is in constant contact with taxpayers, with professional accountants and auditors, answering and clarifying tax queries". Meanwhile, queues continue at its offices.

The tax obligations that the NIT entails

 The main obligations arising from the registration, which involves obtaining a tax identification number (NIT), are:

1. To liquidate and pay, every month, a 13% VAT on the sales of goods or services rendered.

2. To liquidate and pay, every month, 3% of IT on the sales of goods or services rendered.

3. In case of legal entities, to withhold in favor of the Treasury, every month, 13% of RC-VAT, 3% of IT, 12.5% of IUE.

4. In the case of natural persons -except those who work as independent professionals or tradesmen- liquidate and pay, every three months, a 13% of RC-VAT, with the benefit of deducting from this tax the 13% of VAT included in the invoices of personal consumptions.

5. In the case of legal entities, liquidate and pay, every year, 25% IUE on annual profits.

6. In the case of individuals who practice as self-employed professionals, they must liquidate and pay, each year, the IUE on profits, which are calculated on a presumptive basis and with the benefit of deducting from this tax up to 50% of the 13% VAT included in the invoices of personal consumption.

independent taxpayers


UN Mission: The State is responsible for public order in case of transfer of a prisoner to a hospital

  A day after violent acts were reported at the gates of the Miraflores prison following the announcement of the transfer of former president Jeanine Áñez to a hospital, the Mission in Bolivia of the Office of the United Nations High Commissioner for Human Rights stressed that public order and security is the responsibility of the State.

"The Mission highlights that, in case of an urgent transfer of a person deprived of liberty to a medical center by instruction of a judge, the State is responsible for preserving public order to ensure the safety of that person and enforce the judicial disposition," states a publication on its Twitter account.

This Saturday, the Mission visited Áñez to verify the conditions of his hunger strike, which is now in its 11th day.

The communiqué states that the Mission "noted that so far his decision has been respected, as a legitimate exercise of the right to peaceful protest" and added that "there has been no action on the part of the authorities of forced feeding/treatment".

He also recalled that "international standards state that any forced medical treatment or forced feeding could amount to torture or ill-treatment."

Yesterday, after learning of the judicial decision to transfer Áñez to a hospital after suffering decompensation, groups related to the Movement Towards Socialism (MAS) blocked the prison street, burned the vigil tent in support of the former president and carried out other violent actions preventing the judicial decision from being carried out. 

Finally, the Departmental Court of Justice of La Paz backed down and decided that the former president should receive medical attention inside the prison.

 In contrast to what happened in Miraflores, on Wednesday, February 16, former Felcn chief Maximiliano Dávila, who is in preventive detention on charges of legitimizing illegal gains in San Pedro, was taken to the National Institute of the Thorax amidst a heavy security operation.

The United States is investigating Dávila for drug trafficking and has requested Bolivia's preventive detention for extradition purposes. The request is being analyzed by the government.

UN Mission Bolivia

Saturday, February 19, 2022

MAS pressure forces judge to reverse ruling favoring Áñez

  After a blockade, burning of tents and violent actions at the door of the Miraflores prison by groups related to the Movimiento Al Socialismo (MAS) to prevent the departure of former president Jeanine Áñez to a hospital, yesterday the Departmental Court of Justice of La Paz backed down and decided that the former president should receive medical attention inside the prison.

Hours before, the judge of that court, Franklin Siñani, ordered the "immediate departure" of Áñez from prison to a hospital, due to her serious health condition after 10 days of hunger strike.

The second judicial order was issued after the governor of the Miraflores prison issued a report in which she stated that it is impossible for Áñez to leave the prison to a medical center in La Paz, as ordered by the La Paz justice system, because there are groups in confrontation outside the prison.

Meanwhile, the daughter of the ex-president, Carolina Ribera, after being attacked by groups of "masistas" and being expelled from the prison where she was accompanying her mother, announced that she will go on hunger strike in protest for the humiliations suffered and in solidarity with her mother.

 "My mother is alone and faint, harassed by the governor of the prison who prevents her transfer to the hospital, as ordered by the judge! They beat me out of the prison, hordes of officials push my mother's lawyer and I. Thugs!" declared Ribera, visibly affected after leaving the prison.

Yesterday afternoon, the Departmental Court of Justice of La Paz issued an order instructing the Governor of the Miraflores women's prison to take the necessary measures to provide medical attention to former president Jeanine Áñez, even if she is against it, with the participation of doctors from the Hospital de Clínicas.

Violence


After the judicial decision for the ex-president to be taken from the Miraflores prison to the Hospital de Clínicas, groups of MAS supporters gathered at the prison gates to prevent the ex-president's departure and burned the tent where Áñez's followers were holding a vigil. Carolina Ribera, her daughter, ran out.

Judge Franklin Siñani ordered the intervention of the hunger strike that SE installed 10 days ago, since last February 9.

In the resolution, the judge said that in view of the refusal of the former president to be treated, the governor of the Miraflores prison, Estefani Cervantes, must inform the director of the hospital of clinics to send the necessary medical personnel and equipment.

After the riots that took place at noon, the daughter of the former president denounced that she was assaulted by the prison police and that Cervantes assured that her mother was not going to be transferred to the hospital.

Against Arce


Meanwhile, Alain Canedo and Norka Cuéllar, Áñez's defense attorneys, held President Luis Arce responsible for the life of the former president, since the Executive Branch, through the Ministry of Government, is the entity in charge of enforcing judicial orders, an aspect that is not seen in this case.

Canedo explained that the Penal Code orders deprivation of liberty between two to six years for the person who does not comply with a release action. Cervantes would be directly responsible.

Government supporters again exercise violence


After the eviction, destruction and burning of the tent installed in front of the Miraflores prison, Carolina Ribera, daughter of the former president Jeanine Áñez, condemned the aggressions of groups that yesterday prevented the exit of the former president of Bolivia from the Miraflores prison to a hospital and told them: "The abuse that my mother and my family are receiving, tomorrow you will receive it". Shortly after 2:30 p.m., people who identified themselves as Senkata's victims and who are supporters of the Movement Towards Socialism (MAS) destroyed the tent and burned it. In the meantime, Ribera had to run and scream to avoid being assaulted and broke down in tears.

"The abuse that my mother is suffering, the abuse that my family is suffering, you are going to suffer, you are going to suffer this abuse, you are going to suffer this violence," she said.

 He pointed out that the governor of the Miraflores prison opposed the transfer of Áñez to a hospital center and violated the court order.

"She went on a rampage with me and my mother. That is my desperation, that is my concern. My mother this morning suffered three nervous breakdowns. My mother is being killed in front of me," Ribera said and broke down in tears again.

Añez has been on hunger strike for 10 days, a measure he decided to take in protest against the beginning of the oral trial against him in the Coup d'Etat II case.

Camacho says it is an "act of torture".


Meanwhile, the governor of Santa Cruz, Luis Fernando Camacho, denounced that the Movement Towards Socialism is applying a "clear form of torture", after learning that former president Jeanine Áñez will not be transferred to a hospital center after suffering the consequences of her hunger strike.

"It is clear that what justice dictates is not being respected, the MAS is applying a clear form of torture by preventing Jeanine Áñez from receiving the health care she needs. This looks like a dictatorship, the fundamental rights of political prisoners are not respected," she wrote on social networks.


ruling favoring Áñez

Two military men admit guilt for minimum penalty, in exchange for avoiding jail time

According to Jorge Santistevan, the three-year prison sentence exempts the two uniformed men from going to prison for the Coup II case, however, they could still be preventively imprisoned for the Coup I case.

 The former commanders of the Bolivian Air Force (FAB) and the Navy, Jorge Terceros and Palmiro Jarjury, were sentenced yesterday, in an abbreviated trial, to three years in prison, after they admitted their guilt for the crimes of resolutions contrary to the Constitution and the laws and breach of duties, in degree of complicity, in the case of the alleged Coup d'Etat II. According to an expert, the legal system establishes that the three-year sentence exempts the uniformed officers from imprisonment.

"The judge's determination: The abbreviated procedure is accepted, with the imposition of a three-year prison sentence for Palmiro Gonzalo Jarjury Rada in the Patacamaya Penitentiary Center and for Jorge Gonzalo Terceros Lara in the Palmasola Penitentiary Center", refers to the judicial act in which the determination of the First Anticorruption Sentencing Court of La Paz appears.

In the hearing, the Ministry of Government objected to the military officers receiving only three years in prison and requested that they be punished as perpetrators and not as accomplices. On the other hand, the Attorney General's Office did not oppose the measure. Both instances are plaintiffs in this case.

A few days ago, the family of the uniformed men made known, through a public letter, that they requested the alternative solution of the abbreviated procedure "in view of the unequal and unsuccessful struggle in the Bolivian justice system".

In this note, they alleged that they were forced to make this decision, since not even the uniformed officers themselves agreed. They assured that the Bolivian population knows the truth of the events of November 2019 and "history cannot be changed with these processes".

Days before, the officers alleged that their only "mistake" was to obey the orders of the then commander of the Armed Forces (FFAA) Williams Kaliman and to be present at a press conference on November 10, 2019, when Kaliman read a communiqué where he suggested the resignation of Evo Morales to the Presidency, during the social conflicts of that year.

For Terceros and Jarjury that decision to suggest the resignation was taken by the former head of the Armed Forces without any prior deliberation. For this reason, they denied at all times that they were the authors of the crime of resolutions contrary to the Constitution.

According to the document of the request for the abbreviated process, the two military officers were also accused of failing in their duties by allowing the withdrawal of the presidential medal from the Central Bank of Bolivia (BCB) to be given to the then Senator Jeanine Añez.

"(On) November 11, 2019, completely ignoring the norms and the Constitution itself, members of the Armed Forces proceeded to remove the presidential medal from the BCB, flagrantly failing to comply with their functions and attributions, which start from the fundamental mission of defending and preserving the independence, security and stability of the State, through the safeguard of the constitutionally elected government, ensuring the principles", states part of the list of facts of the document of the abbreviated process.

But this version of the Prosecutor's Office contradicts the statement of the former head of the Military Household, Milton Navia, who assured that, without orders from any superior and by protocol, he ordered that both the medal and the presidential sash be taken out of the safe deposit box of the BCB and taken to the Palace, in view of Morales' resignation and the imminent inauguration of a new president.

In spite of this, Terceros and Jarjury were convicted of complicity for these acts and received a three-year prison sentence. Both have been in preventive detention since July 2021 for the Coup I and II case.

The analyst and lawyer Jorge Santistevan explained that the legal order establishes that the three-year sentence exempts the officers from prison, in that sense, the two were spared from remaining in jail for the Coup II case.

"A three-year prison sentence exempts the military officers from continuing in prison for that crime, however, the repercussions of having assumed the responsibility, on the one hand, is lapidary for the Armed Forces, because two former military chiefs who are responsible for the resolutions contrary to the Constitution due to the fact that they did not fulfill the constitutional mission", mentioned the jurist.

With the two military officers already sentenced, the defendants who will go to oral trial for the Coup II case are: former President Jeanine Añez, former Chief of Staff of the Armed Forces Gustavo Arce and former Army Commander Pastor Mendieta. Also to be tried in absentia are former Armed Forces commanders Williams Kaliman and Sergio Orellana, former Armed Forces Inspector General Jorge Elmer Fernández and former Police Commander Yuri Calderón.

 They see that the former military chiefs will continue to be detained for other cases.


Lawyer Jorge Santistevan considers that although former military chiefs Jorge Terceros and Palmiro Jarjury were spared from remaining in prison due to the minimum sentence they received in an abbreviated trial, they could still be imprisoned for the Coup I case and others, which are still in the investigation phase.

"The trial of the Golpe de Estado I process for the crimes of terrorism, sedition and conspiracy is still pending. But, in addition, they have another trial for the Betanzos case and the case of arms trafficking," he said.

He said that for these cases there is a latent possibility that both will continue to be detained.

The District Attorney of La Paz, William Alave, said yesterday that he will request an extension of the investigation period in the Golpe I case. "I do not yet have the time needed by the Prosecutor's Office, but yes, by continuing with the investigation we understand that we are going to continue with the request for the extension," he said.

Eusebio Vera, lawyer of Terceros and Jarjury, said that in the mentioned cases they have already presented the discharges to demonstrate that they did not participate. He added that the sentence, in abbreviated trial, against his defendants does not give immediate freedom, since deadlines and formalities must be fulfilled first.

"(The abbreviated process) will not have any effect on the other processes," he said.
 

Dos militares admiten culpa por pena mínima