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Jeanine Áñez's daughter laid out seven objections to the trial that convicted the former president for illegally proclaiming herself president in November 2019. I'm not convinced but here they are… #CasoGolpe #JeanineAnezPermalink On twitter.com
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1. The court was "incompetent" to try her as president, since that requires a Juicio de Responsibilidades authorized by the legislator. However, Áñez was tried as senator for her actions claiming the presidency.Permalink On twitter.com
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2. The way Áñez was arrested in 2021, Ribera claims, invalidates her conviction. This is a nonsequitur in any case, but Áñez was arrested under an active criminal investigation, and deemed a flight risk by a judge.Permalink On twitter.com
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Given the frequent flight of former Bolivian officials, including Áñez cabinet members, it's hard to argue with that position.Permalink On twitter.com
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3. Abusive pre-trial detention for 14 months. Áñez became one of the vast majority of prisoners in Bolivia who are awaiting trial.Permalink On twitter.com
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Bolivia has the highest share of pretrial prisoners (>70%!), but the share of imprisoned people is much lower than other WH countries. americasquarterly.org/fulltextarticle/prisons-in-jail-but-not-sentenced/Permalink On twitter.com
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The Áñez government also held political opponents for extended terms on controversial charges, but failed to bring them to trial. hrw.org/report/2020/09/11/justice-weapon/political-persecution-boliviaPermalink On twitter.com
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Soon after her arrest, it was clear that Áñez was not taking pretrial detention well, and her mental distress has been a subject of outside concern and government action throughout. @CarwilBJ/1429243435484131330Permalink On twitter.com
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Again, Ribera does not explain how this bears on the verdict.Permalink On twitter.com
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4. Double jeopardy for her actions. This is Áñez's first trial, and she has not previously been tried for taking power. A separate case (Golpe de Estado I) concerning the overthrow of Morales has stalled.Permalink On twitter.com
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Áñez may face trial for command responsibility for the Sacaba and Senkata massacres, but that would definitely be a separate matter.Permalink On twitter.com
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5. Áñez had to attend her trial virtually, and allegedly could not consult with her lawyers in the process. The modality of the trial was indeed disputed between Áñez's lawyers and the court.Permalink On twitter.com
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The format of the trial changed from entirely virtual to partially in-person in the middle of the trial. Áñez's defense demanded her presence, but virtual attendance by witnesses; the judge ruled the opposite.Permalink On twitter.com
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As one might expect, there was a blizzard of procedural motions made during the trial (erbol.com.bo/seguridad/caso-%E2%80%98golpe-ii%E2%80%99-gobierno-ve-obstaculizaci%C3%B3n-de-la-parte-acusada-y-la-defensa-denuncia opinion.com.bo/articulo/pais/disponen-que-testigos-declaren-forma-presencial-caso-golpe-estado-ii/20220418212712863392.html) including an appeal to the Constitutional Tribunal to stop it.Permalink On twitter.com
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While Áñez'- side objected to not having her in the room, she also caused the trial to be interrupted multiple times due to her exhaustion and overwhelm. In the final days, the judge ordered her to stay present virtually. lostiempos.com/actualidad/pais/20220610/pese-su-delicado-estado-salud-obligan-anez-estar-audienciaPermalink On twitter.com
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6. There were no guarantees of due process. This blanket allegation should be contrasted with experts like Denis Racicot. la-razon.com/nacional/2022/06/14/racicot-dice-que-se-respeto-el-debido-proceso-y-la-defensa-plena-de-anez/Permalink On twitter.com
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Racicot, former representative of the UN High Commission on Human Rights: "from a distance and with the available information, it seems to me that the principles of due process and a full defense have been respected"; notes ~50 procedural objections reviewed by court.Permalink On twitter.com
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6a. Ribera alleges interference by the MAS-led government in the process. As I've observed before, prosecution in Bolivia does not have a wall of separation within the Justice Ministry, but few politically motivated indictments come to trial and judicial review is significant.Permalink On twitter.com
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It would be extremely helpful if Bolivian prosecutors pursued all sides for their abuses during the 2019 crisis. (And these abuses differ in type and scale between the sides.) @CarwilBJ/1370754713168252931Permalink On twitter.com
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7. Some documentary evidence offered by Áñez was rejected and not all of her desired witnesses showed up. This could be a bit more specific, but let's consider what's known publicly…Permalink On twitter.com
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Áñez wanted ex-ministers Óscar Ortiz and Eliane Capobianco to testify. Both are political allies present during the November 10-12 maneuverings. Apparently Capobianco was a source of judicial arguments for Áñez's parliamentary maneuvers. la-razon.com/nacional/2022/06/10/anez-considera-que-ortiz-y-capobianco-no-fueron-a-testificar-por-cobardia-o-miedo/Permalink On twitter.com
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Áñez has alleged in court that the Ortíz and Capobianco did not testify "por cobardía o miedo" — out of cowardice or fear. This hardly sounds like an allegation of an unfair trial.On twitter.com