mid-August 1991. It notes that the preliminary investigations were initiated on 14 September 1987, with the consent of the examining magistrate (Juea Instructor en lo Penal); they were concluded by decision of 29 December 1988 (auto final), which committed Mr. Fillastre and Mr. Bizouarn to stand trial for the offences referred to in paragraph 2.2 above. This decision was challenged by the alleged victims on 16 and 22 February 1989, respectively. 4.2 The proceedings were then transferred to the Magistrates Court (Juez Quinto de PartidO en lo Penal). The State party indicates that the process of evidence gathering, reconstruction of the facts and hearing of witnesses has been protracted, but that it is approaching its final stage. Such delays as occurred are said to be partly attributable to the judge's desire to gather further evidence, which would enable him to render his judgement. 4.3 The State party points out that Mr. Fillastre and Mr. Bizouarn are likely to be found guilty of the offences for which they were indicted, in particular the kidnapping of a minor (article 313 of the Penal Code); this offence is punishable by imprisonment of one to five years. In the event of their conviction, they would retain the right to appeal conviction and sentence (recurso de apelacion), pursuant to articles 284 and 288 of the Bolivian Code of Criminal Procedure, In the event of an unsuccessful appeal, they would be able to subsequently request the cassation of the judgement of the Court of Appeals (recurso ae nulidad), pursuant to article 296 of the Code of Criminal Procedure, 4.4 In respect of the author's claim of a violation of articles 14, paragraph 3 (b) and (d), the State party contends that both Mr. Fillastre and Mr. Bizouarn have received legal assistance throughout the proceedings, not only from the French consulate in La. Paz, but also from one privately and one court-appointed lawyer. The alleged victims have consistently assisted the court sessions, together with their representatives. 4.5 The State party further contends that since the authors were properly indicted and the judicial proceedings continue to take their normal course, the accused remain lawfully detained at the Prison of San Pedro in La Paz. The State party does not, however, indicate whether the accused were promptly informed of the charges against them, and whether they were brought promptly before a judge or other officer authorized by law to exercise judicial power. 4.6 As to the author's complaint about undue delays in the judicial proceedings, the State party points out that criminal investigations under Bolivian law are carried out in written form, which implies that administrative, and other delays may occur. Furthermore, the absence of an adequate budget for a proper administration of justice means that a number of criminal cases and certain specific procedural phases of criminal proceedings have experienced delays. 4.7 The State party indicates that it has established a special commission of investigation to inquire into the author's allegation of ill-treatment and inhuman and-degrading prison conditions. The report of this commission, whose findings are said to be confirmed by Mr. Bizouarn and Mr. Fillastre, concludes that both prisoners are in good health and receive basic but adequte medical attention; that they are detained in the most comfortable sector of the San Pedro prison; that their diet Is satisfactory; that they benefit from -296-