August 20, 2008
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Fighting Against over Three Years of Impunity
Formal Charges Now, Bring Goni to Trial
ASOFAC and Comité Impulsor
June 12, 2007
La Paz - 

Three years and seven months have passed since the first official charge was made against Gonzalo “Goni” Sánchez de Lozada and his accomplices. More than 900 days of investigation have been carried out since Congress authorized the trial against the ex-President. Goni and his accomplices have put up obstacles every step of the way, but we have moved forward. Soon at least a few of those responsible for the massacres will be imprisoned. But for this to happen, the Attorney General of the Republic must present the file the formal charges on June 29, 2007.

Upon concluding the criminal investigation, the attorney general has the choice to either formally charge a defendent (if there is sufficient evidence to warrant a trial) or drop all charges against the accused. Should there be enough evidence for a case, oral hearings in which that evidence is presented then take place. Finally, the tribunal emits its ruling.

If formal charges are filed, the case against Sánchez de Lozada, Carlos Sánchez Berzain and Jorge Berindoague would be put on hold until they are extradited from the United States. However a trial would be held for those who are named in the suit and who are in Bolivia: Yerko Kukoch, Javier Torrez Goytia, Mirtha Quevedo, Eric Reyes Villa, Dante Pino, Adalberto Kuajara, Jorge Torres, Guido Añez, Hugo Carvajal and the former members of the Sánchez de Lozada’s high military command: Generals Roberto Claros Flores, Gonzalo Alberto Rocabado Mercado, Juan Velíz Herrera, José Oswaldo Quiroga Mendoza and Admiral Luís Alberto Aranda Granados.

In spite of all of the problems and delays, the proof necessary to formally charge these men has been gathered. But to respect Sánchez de Lozada’s right to a defense (and so that he is not able to again claim that he is being victimized) the Constitutional Tribunal mandates a 74 day period waiting period from the time when a defendant is notified of a pending charge to when the charges can be filed. This means that on June 29ththe Attorney General will be legally authorized to press formal charges—and it is his duty to do so.

Knowing well that it is now time that they face justice, Goni and his accomplices continue to hide in the U.S. behind their economic power, political connections, supposed innocence and under the pretext that Bolivia “has always been this way.” They stand ready to defend their impunity until their death.

We have waited patiently, we have pushed to accelerate a slow investigative process, we have, at every point, respected the right to defense for those who carried out this massacre. Now, with the up-most dignity and believing ourselves neither superior nor inferior, we demand justice. It’s time for the trial to begin.

Here in Bolivia, we’ve had to fight for every achievement and each small step forward has been met with resistance. We must maintain that strength and clarity in order to force the authorities to act according to what this country’s law requires.

We’ve come to the moment of truth: Either the Attorney General of the Republic presents the charges and justice is served or those responsible for the massacre are set free, demonstrating that here in Bolivia impunity still reigns.

Right now, your voice, our voice and the voice of those silenced for centuries must be heard, just as in October 2003, when our voices proved irrepressible. Brothers and sisters, in memory of those who died and for dignity: Formal Charges Against Goni Now!

ASOFAC is the Association of Relatives of those who Died in Defense of the Gas. Comité Impulsor is the coordinating committee of various Bolivian civil society groups and associations demanding that Goni be put on trial for the September and October 2003 massacres.