THE ACHACACHI POSTOnline News

Wednesday, October 15, 2008

José Vaca is detained preventively accused of blowing up a gas duct on September 10 2008

SEDITION • José Vaca was detained preventively by the commission of illicit as explosion of gas duct which it takes this natural resource to the interior of the Republic of Bolivia and Brazil and Argentina.

By EUGEN ROXAS

Violence. José Vaca was detained preventively by Sedition and damages to State goods because he would blow up a gas duct in Tarija, Bolivia . Photo © The Achacachi Post™

ACHACACHI, Bolivia.- Jose Vaca was lock up in the public jail of San Pedro of the city of La Paz, while the supposed criminal facts are investigated.

The detainee said that he is a temporary worker (six months) and he was promised an indefinite contract of work and that was the reason he made such a fact.

He also said that the dynamite was armed by three people-fugitive in this moment-which came from Santa Cruz of the Sierra city. He attest before the Judge Fifth in the Penal Williams Davila saying that the dynamite had a wick five meters long so that there is time to escape and this way not to be in danger with the detonation.

Once again, the poor ones are used by others. While the real responsible ones are saying and declaring to press that he was detained without judge detention commandment that he was detained harming his fundamental rights that he must enjoy the due processed of law in the jurisdiction of Tarija where the facts happened, etc. The Prosecutor fulfilled all the legal measures to detain a person as he showed to the judge.

José Vaca once detainee in the penitentiary of San Pedro he refused to speak with the press. Already in the tribunal he was noticed completely concerned, depressed. In the jail his preventive detention will complete in the called section “the post” where also is restrained Leopoldo Fernández the former prefect of the department of Pando.

The XXI century it has just begun

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18:03 ECONOMY • The XXI century it has just begun with the fall of the world stocks. Bretton Woods has just been buried. Times with financial systems without State regulations have just finished. Financial systems without industrial structures to support it have just finished. It is time to take into account to the India, to China, to the Brazil. "It is an injustice that the world depends on the casino of the Wall Street” Lula dixit.

APN (Achacachi Post News).- It is the moment of inaugurating financial systems with controls and regulations of the State. What to do to save this crisis? The USA should invest or spend to save to the banks? That is to say, should USA keep the "garbage" or does USA buy part of the banks assets for then maybe in a future can sell those assets, even with earnings?

Nope. The Congress denied that petition. The Congress rejected the plan of rescuing to the banks and companies. Among the reasons to reject the help were this plan would go against our conservative principles and is socialism even communism the Republican representatives argued. .

More in english Mas en castellano Juk'ampi aymara aruna

Mr. Branko Marinkovic would be looking for protectorate for Santa Cruz de la Sierra

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TERRORISM • Branko Gora Marinkovic Jovicevic would be negotiating the protectorate of the Santa Cruz Bolivian city from United States of America according to the deputy of the Bolivian Congress L. Galarza. This act configures the crime of Total or partial submission the Nation to the foreign domain which is sanctioned with death penalty. (Bolivian Crime code, Art. 110. -).

APN (Achacachi Post News).- President of the Civic Committee of the Bolivian city of Santa Cruz of the Sierra Mr. Branko Gora Marinkovic Jovicevic would be negotiating a protectorate of the United States of America looking for to establish a sovereign region with the establishment of North American military troops in the city of Santa Cruz de la Sierra.

The Protectorate, in International Law, is the relationship between two States in which the strong State guarantees the protection of the weak one against external aggressions or internal disturbances. In this case weak region would be the Bolivian city of Santa Cruz de la Sierra.

The public services of the protectorate are assumed by the protective State by means of a military occupation of peaceful character .

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Mr. Leopoldo Fernandez Ferreira was detained preventively by terrorism

TERRORISM • The Government’s Representative of Pando, Bolivia, Mr. Leopoldo Fernandez Ferreira was detained preventively in San Pedro's jail imputed for a common crime: terrorism. Fernández’s lawyers said to the judge that the imputed enjoys of Case Of Court but judge reply saying this ante-process ruled by Law Nº 2445 is not applicable if somebody is imputed by the common crime of terrorism.

By EUGEN ROXAS

Terrorism. In the region of Pando Bolivia Government’s Representative Mr. Leopoldo Fernandez would collaborate with an armed organization dedicated subvert constitutional order. (Bolivian Crime Code, Law Nº 1768, Art. 133). Photo © The Achacachi Post™

ACHACACHI, Bolivia.- The La Paz district attorney request judge Williams Davila to impute formally to Mr. Leopoldo Fernandez Ferreira for murder, criminal organization, and terrorism crimes and detain him preventively because he has the facilities to abandon the country and he could influence negatively on the witness or experts to his benefit.

The judge who knew the request of imputation after listening both district attorney and Mr. Leopoldo Fernandez Ferreira's lawyer imputed him by terrorism crime and detained preventively in San Pedro's jail.

The judge imputed by terrorism, since Fernandez “…collaborate with an armed organization dedicated to make crimes…” when he allowed using trucks and retro excavators so that an armed organization could mobilize and dig entrenchments in the roads begining with these acts the subvertion of constitutional order . The judge arranged the law foundations of preventively detention on the danger to flee and obstacle investigations. (Law Nº 1970: Art. 234 incise 2, Art. 235 incise 2; Law Nº 1768: Art. 133).

Fernández’s lawyers said to the judge the imputed enjoys The Case Of Court (Law Nº 2445) that it is the rising of the jurisdiction so that a person who occupies an official position must be sued by superior tribunals; judge replied telling them this law is not applicable if somebody is imputed by the common crime of terrorism.

If the imputed Mr. Leopoldo Fernandez Ferreira is accused, complained and convicted could be behind bars from 15 to 20 years in jail.

Government's representative Leopoldo Fernández Ferreira confined in Pando, Bolivia

MASSACRE • The government's representative Leopoldo Fernández Ferreira was detained in the prefectural house of Cobija, capital of Pando department due to break the martial law established by Bolivia government.

By EUGEN ROXAS

Massacre. The government's representative Leopoldo Fernández Ferreira was detained in the prefectural house of Cobija, capital of Pando department due to break the martial law established by Bolivia government. Photo © The Achacachi Post™

ACHACACHI, Bolivia.- Fernández is accused by the genocide crime in massacre degree (Bolivian Crime Code, Art. 138, Art. 121 paragraph 2º) for allowing the slaughter of more than 25 peasants, injured more than 50 people and to tolerate the disappearance of 100 folks on Thursday September 11 2008 in towns of Filadelfia, Porvenir and Cachuelita. Crime for which can be sanctioned with a privation of freedom of among 10 to 20 years of prison aggravated with a fine of 100 to 500 days if the detained is government official, as he is (Supreme ordinance Nº 29705, Art. 2 clause h).

For this detention Bolivian government is using his constitutional prerogative to keep in custody “…accused of conniving against the public order rules, …” during a martial law (Political Constitution of Bolivia, Art. 112, paragraph 3) since government's representative Fernández continued calling to manifestations; breaking with this act the rules of martial law that “…not allow manifestations…” (Supreme ordinance Nº 29705, Art. 2 clause b).

The capture was made by authority called during martial law, the Bolivian army to assure in that moment “…el maintenance of the public order…” (Supreme ordinance Nº 29705, Art. 3) that allows to take in for questioning without prosecutor order with the only condition that the detainee is given in a term of forty eight hours to competent judge.

Days before the caged Fernández had said, he in person ordered the excavation of gutters in the roads so that the peasants were not permitted to pass. This act allowed ambushing easily the peasants by the personnel of the National Service of Roads.

Likewise Branko Gora Marinkovic Jovicevic, head of Santa Cruz de la sierra city civic committee, affirmed that the genocide crime was made in the department of Pando. And where there was genocide, there are criminals, responsible for that crime. And one of the responsible seems to be the government's representative of the Pando Department, Leopoldo Fernández Ferreira.

Here are the law and rules that serve as base for confinement of Fernández:

POLITICAL CONSTITUTION DE BOLIVIA

Article 111º. DECLARATION OF MARTIAL LAW (applicable part)

In the cases of serious danger by reason of internal shock or international war the Head of the Executive Power will be able to, with affirmative verdict of the council of Ministers, to declare the martial law in the extension of the territory that necessary.

Article 112º. EFFECTS OF THE MARTIAL LAW (applicable part)

The declaration of martial law produces the following effects:

3º The guarantees and the rights that consecrates this Constitution were not suspended in fact and in general with the single declaration of the martial law; but they will be respect accused people of conniving against the public order, according to what establishes the following paragraphs.

4º Legitimate authority will be able to send in for questioning orders or arrest against those accused, but in the maximum term of forty eight hours the authority will put them to the competent judge's disposition, to who the documents that has motivated the arrest will happen. If the conservation of the public order demands the estrangement from those accused, it will be been able to order his or her confinement to a capital department or of county that is not unhealthy. It is forbidden the exile for political reasons; but to the one confined, pursued, or arrested by these reasons that he or she requests passport for the exterior, he or she won't be able to be he denied by cause some owing the authorities to grant the necessary guarantees to the effect.

BOLIVIAN CRIME CODE

Art. 138. - GENOCIDE

The one that with the purpose of destroying total or partially a national, ethnic or religious group, made death or will cause lesions to the members of the group, or submit to conditions of inhuman subsistence or enforced to impede their reproduction, or will carry out with violence the displacement of children or adults toward other groups, will be sanctioned with prison from ten to twenty years.

In the same sanction the authors, or other, direct or indirect culprits of bloody massacres will incur in the country.

If the guilty were authorities or public officials, the sanction will be increased with a fine of a hundred to five hundred days.

Conc. with: Bolivian Code of crime, Art. 121

Art. 121. - ARMED LIFTS AGAINST THE SECURITY AND SOVEREIGNTY OF THE STATE Those who lift in weapons with the purpose of changing the Political

Constitution or government's form settled, to depose some of the national government's public powers or to impede, although temporarily, the free exercise of their constitutional abilities or their renovation in their legal terms, they will be sanctioned with privation of freedom from five to fifteen years.

Those who organize or integrate irregular, urban or rural armed groups, under internal or external influences, to promote armed confrontations with regular forces or public security, or to make attacks against the life and people's security, the territorial integrity or the sovereignty of the State, they will be sanctioned with the pain from fifteen to thirty years of prison.

GOVERNMENT SUPREME ORDINANCE Nº 29705

ARTICLE 1. - Of conformity to the Article 111 of the Political Constitution of the State, with kind verdict of Minister Council, martial law is declared in the whole territorial jurisdiction of the department of Pando.

ARTICLE 2. - Of conformity to the Article 112 of the Political Constitution of the State, the following measures settle down in the whole territorial jurisdiction of the department of Pando:

a)It is absolutely forbidden to carry all type of firearms, cutlery and any explosive material that could attempt against the integrity of people or the public or private goods.

b) It is forbidden the organization of political meetings, manifestations, strikes and blockade of streets, urban, rural and local roads that alter the normal development of the activities in the department of Pando.

c) It is forbidden the traffic of groups of more than three (3) people among 00:00 hours until 06.00 AM. hours.

d) All social meeting or of another nature will necessarily owe manage to get an authorization of the National Police.

e) It is forbidden the circulation of the motorized vehicles, public and private between 00.00 hours and 06.00 A.M. without the authorization corresponding of the Operative Unit of Traffic.

f) All people who want to travel to the interior of the country will owe manage to get safe-conduct of the Departmental Police command.

g) Bars, taverns, restaurants, discos, whore houses and all the amusement places or all other night activities, will suspend their operation starting from hours 00.00 until hours 06.00 A.M.

h) With relation to people of departmental, municipal and provincial authorities involved in acts against the public order, the life, the security, the peace and the state of law in the department of Pando, the parentheses 3 and 4 of the Article 112 of the Political Constitution of the State will be applied.

ARTICLE 3. - The armed forces of the Nation in execution of their constitutional abilities, will assure the maintenance of the public order, the martial law, the social peace and fundamentally the protection of life and the integrity of the citizens and inhabitants of the department of Pando, on the base of that settled down in the Political Constitution of the State and presently supreme ordinance.

ARTICLE 4. – Authority she will be able to send arrest orders against those accused, but in the maximum term of 48 hours he or she have to be presented to a competent judge's disposition.

¿What does genocide mean?. This word comes from two Latin words: “genus” , ‘race', ‘nation' and “caedes” , ‘slaughter'. It was used for the first time by the Polish penologist Rafael LEMKIN to refer to the crime “without name” of killed by Nazis. The genocide is a common crime of international law of maximum graveness. The genocide is a premeditated crime with the purpose of destroying total or partially to a certain human group. It was approved by the III Convention of United Nations of December 12 1948 and is effective since January 12 1951.

¿What does massacre mean?. It derives of French “massacre”, ‘destroy ', ‘butchery'. Slaughter of people, in general defenceless, taken place by armed attack.

Names of people murdered and injured in Filadelfia and Porvenir, Pando, Bolivia

MASSACRE • List of names of people murdered and injured in the Departament of Pando, Bolivia. Prosecutor accuses Leopoldo Fernandez Ferreira.

By EUGEN ROXAS

Massacre. Peasants murdered in the massacre of Pando, Bolivia. Prosecutor accuses Leopoldo Fernandez Ferreira. Photo © The Achacachi Post™

ACHACACHI, Bolivia.- Names of people murdered by orders Leopoldo Fernandez in Filadelfia and Porvenir massacre.

Killed

  1. Bernardino Racua.
  2. Pedro Oshiro.
  3. Arnoldo González.
  4. Celidonio Basualdo.
  5. Alfredo Céspedes.
  6. Víctor Tupa.
  7. Aida N.N.
  8. N.N. Pérez.
Here are just the names of recognized by their relatives. There are more than 20 of NNs and more than 100 missing people.

Injured

  1. Abel Beltrán.
  2. Alcides Nascimento.
  3. Víctor Choque.
  4. Daniel Justiniano.
  5. Jesús Nascimento.
  6. Edgar Peña.
  7. Guillermo Hurtado.
  8. Gustavo Fernández.
  9. Frank Mercado.
  10. Wálter Fernández.
  11. Wilfredo Iragua.
  12. Silverio Campos.
  13. Rafael Zegovia.
  14. Guido González.
  15. Luis E. Zabala.
  16. Edgar Balcázar.
  17. Máximo Pari.
  18. Dionisio López.
  19. Sebastián Mamani.
  20. Raúl Lucas Pajarito.
  21. Roberto Terrazas.
  22. Guillermo Manu.

Bolivian literature

 • READ IN ENGLISH • AYMARA ARUNIRU SARAM • LEER EN CASTELLANO LITERATURE • Main works of the Bolivian literature: novels & stories. APN (Achacachi Post News).- The present page of Bolivian literature of novels and stories it has been made thanks to the impulse of professors and students of Literature of the Universidad Mayor de San Andres UMSA.
  • Aguafuertes, Roberto Leyton
  • Aluvion De Fuego, Oscar Cerruto
  • Avisos necrologicos, (2005) , Víctor Hugo Viscarra
  • Candidatura De Rojas, Armando Chirveches
  • Cara Sucia, Jose Camarlinghi
  • Casa Solariega, Armando Chirveches
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December 7 2008 will carried out the Referendum on the Constitution and elections of Bolivian local authorities

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POLITICS • There is already a date for Referendum on the Constitution and to elect Bolivian authorities. APN (Achacachi Post News).- December 7 2008 will carried out the elections trough popular vote of Prefects (La Paz and Cochabamba departments), subprefects and departmental counsels and approbatory or not referendum of the project of new political Constitution of the plurinational State of Bolivia. More in english Mas en castellano Juk'ampi aymara aruna

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