Penal Code). Allegedly, he did so without having interrogated the accused.
Nevertheless, Ms, Zimmerman was released a few days later, apparently without
plausible explanations. Messrs. Fillastre and Bizouarn, however, were placed
under detention and imprisoned at the prison of San Pedro in La Paz, where
they continue to be held.
2.3 With regard to the requirement of exhaustion of domestic remedies, the
author states that the judicial proceedings against her husband and
Mr. Bizouarn have been pending before the court of first instance since
12 September 1987. In this context, she indicates that, on 12 June 1990, the
judge was expected to render his decision in the case but that, since the
legal aid attorney assigned to her husband did not appear in court, he decided
to further postpone the hearing.
Complaint
3.1 It is submitted that Mr. Fillastre and Mr. Bizouarn were not able to
communicate adequately either with their lawyer or with the examining
magistrate, before whom they were brought on 3 September 1988, one year after
their arrest. In particular, it is alleged that the interpreter who had been
designated to assist them could only speak English, a language they did not
master. Further, they allege that their statements before the examining
magistrate were not only recorded incorrectly but deliberately altered.
3.2 It is submitted that Mr. Fillastre and Mr. Bizouarn were held in custody
for 10 days without being informed of the charges against them; this was
reportedly confirmed by the arresting officer, upon interrogation by the
examining magistrate. As to the circumstances of the investigatory phase of
the judicial proceedings, the author claims that several irregularities
occurred in their course. Furthermore, the court hearings allegedly were
postponed repeatedly because either the legal aid attorney or the prosecutor
failed to appear in court. More generally, the author claims bias on the part
of the judge and of the judicial authorities. This is said to be evidenced by
the fact that the Bolivian authorities allowed Ms. Zimmerman to leave Bolivia
without any plausible justification and never sought her testimony before the
examining magistrate, although she had been indicted together with
Mr. Fillastre and Mr. Bizouarn.
3.3 As to the conditions of detention at the prison of San Pedro, they are
said to be inhuman and degrading. In this context, the author subnmits that,
on account of the psychological stress as well as the poor conditions of
detention, her husband has become addicted to alcohol and drugs and lost his
will to live.
3.4 Finally, the author claims that her countless efforts, since
mid-September 1987, to obtain her husband's release, have not met with any
response. She maintains that, notwithstanding the various promises made to
her by the French authorities, no official attempt was made to obtain her
husband's release, nor to improve the conditions of his detention.
State party's information and observations
4.1 The State party provides a chronology of the judicial proceedings in the
case anct indicates that a judgement at first instance may be expected by
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