The Court declared William Kaliman, Jorge Fernández, Sergio Orellana and Yuri Calderón in default. There were protests and decompensation of the former president.
This Monday, the oral trial against former interim president Jeanine Añez, for the so-called "coup d'état II" case, was scheduled to begin. However, in the midst of interruptions, technical problems and the decompensation of the former head of state, the suspension was determined until April 4.
"It has been a hearing that has skipped all kinds of procedures, there were many violations to my mother's rights. She was in very bad health, she has a very strong nervous crisis, however, they were installing the hearing in spite of everything", expressed Carolina Ribera, Añez's daughter.
"It was not that they suspended it because of my mother's health. They committed a series of irregularities and the court has decided to suspend the hearing for next week, April 4", she added.
In the images of the virtual hearing, it could be seen how Añez was in discomfort and was being attended to by the health personnel of the Miraflores prison. While the doctors were doing their job, defense attorney Norka Cuéllar asked - unsuccessfully - for the judge to speak. In the end, Añez was taken out of the courtroom from where she witnessed the trial.
"For an hour, former president Jeanine Añez was present virtually from the prison, listening to the Attorney General's Office instructing the Court how to conduct the illegal process. She had a crisis, verified by medical personnel in situ... The Court pretends trial without her!", wrote Añez's entourage in her official account.
"The defense of Jeanine Añez denounces a serious health crisis of the former president, who is being attended by medical personnel at the Miraflores prison. Outside the prison, groups armed with firecrackers and defamatory slogans are coercing and violating her", says the publication.
Defense attorney Luis Guillén affirmed that the court did not "adequately" comply with some procedures regarding the declaration of default of General Williams Kaliman and other three co-defendants, and that was the reason for the suspension.
The court declared four defendants in absentia: former commander Kaliman, former commander Jorge Fernández, former head of the Armed Forces Sergio Orellana and former police commander Yuri Calderón.
The Ministry of Justice and Transparency issued a statement in which they assured that the government authorities "are respectful of due process". They also accused Añez's defense of obstructing the case and warned that the interruption of a trial for "unjustified" reasons constitutes the crime of delaying justice.
"The problems caused to interfere in the virtual hearing and the excessive use of procedural resources by the defendant and his lawyers, reflect an obstructive attitude and contrary to the constitutional right to have judicial decisions in a reasonable time and without delays," the brief states.
"Despite this attitude of the defense, which seeks to block the administration of justice, the court in this case issued a resolution declaring Williams Kaliman, Vladimir Yuri Calderón, Elmer Flores Toranzo and Carlos Orellana in absentia, who will be represented by lawyers from the Plurinational Public Defense Service (Sepdep). The jurisdictional authority also decided the temporary suspension of the hearing until April 4 of this year at 9:00 a.m.".
Chaotic hearing
In a context of health emergency, justice workers announced days ago that the trial would be held virtually. This allowed for different scenarios in which there were numerous cameras turned off in cases such as the Ministry of Government and the Penitentiary Center, and people against the light, which prevented their recognition.
At the same time, there were signs of protest, one of the most evident being that of Norka Cuellar, who at first did not show herself in front of the camera, but left the image of a T-shirt with Añez's face and the phrase "Freedom for political prisoners". Another attendee, who could not be identified, digitally altered her image to show the face of the former president.
Difficulties with the audio were also a drawback. In addition to the repeated overlapping statements by more than one person, the judge in charge of the case had difficulties with the microphone, something that was repeatedly denounced by those present in the virtual courtroom.
After less than an hour, the Página Siete journalists were removed from the session. Some time later, the same thing happened with people like Carolina Ribera, who denounced the fact in her social networks.
"They gave start to the most shameful, nefarious and illegal trial in the history of Bolivia. A trial without a crime, in a court without jurisdiction, with judges appointed by hand. Worst of all, with a sentence already issued by the political power, which only wants to take revenge and cover up the fraud for which one day they will have to account to the country," he published.
"The Attorney General's Office intends to dictate orders to the Court, giving instructions on what to do, to remove my mother's witnesses and cut off the use of the word in an illegal and unjust oral trial. They took me out of the virtual hearing that should be PUBLIC!!!", he added.
In this case, Añez and members of law enforcement are accused of the crimes of breach of duty and resolutions contrary to the Constitution and the laws. Both offenses carry a maximum penalty of 14 years in prison. The Minister of Justice, Iván Lima, in past months, estimated that the justice system will determine 12 years in prison for the defendants.
The lawyer Alaín de Canedo explained that the trial will be virtual, but that they will request that it be in person due to the magnitude of the process. He detailed that there will be a stage of exceptions and incidents; then there will be the accusation, the statement of the defendants, the presentation of evidence and witnesses and, finally, the sentence will be issued.
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