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.
APN (Achacachi Post News).- 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, President 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.
Read law and rules that serve as base for confinement of Fernández in
POLITICAL CONSTITUTION DE BOLIVIA (Art.- 112), BOLIVIAN CRIME CODE (Art. 138. - GENOCIDE, Art. 121. - ARMED LIFTS AGAINST THE SECURITY AND SOVEREIGNTY OF THE STATE ) and GOVERNMENT SUPREME ORDINANCE Nº 29705.
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