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Walter Ferrufino is successfully served with formal notice of his indictment for failure to comply with constitutional judgement 2003/2010-R

According to sources of the Legal Department of the Assembly of the Guarani People of Itika Guasu, the General Jurisdiction Investigating Court of Entre Ríos has managed to locate Walter Ferrufino and serve notice on him of the formal charges against him and summonsed him for a hearing on precautionary measures. The notice was served on 4th February 2013 by the clerk of the said court. Thus ended his attempts to evade justice which were the subject of our article of 1st February entitled "The racist Walter Ferrufino evades justice to prevent receipt of service of formal notice." (Available in Spanish: El racista Walter Ferrufino se evade de la justicia para no ser notificado)

Nelson Walter Ferrufino Gaite

Nelson Walter Ferrufino Gaite, his full name, is the highest governmental official in the province of O'Connor and is now facing an indictment for the crime of breach of duties, sanctioned pursuant to article 154 of the Bolivian Criminal Code. For this reason, the Specialised Prosecutor for the Prosecution of Crimes of Corruption (FEPDC) of Yacuiba has ordered a precautionary lien on his assets and the freezing of his bank accounts as we advised on 13th January 2013 in an article entitled "Walter Ferrufino is indicted and his assets and bank accounts are ordered to be frozen for failure to comply with the right to consultation and failure to obey constitutional judgement 2003/2010-R".

The indictment was sought by the APG IG in a submission dated 19th September 2012.

Walter Ferrufino is known for his irascible and violent character as well as his clearly racist conduct against indigenous peoples, and in particular against the guaranis who live in the Original Community Territory (TCO) Itika Guasu - it is a fact that his family kept slaves - and he still refuses to accept indigenous law and the civil rights which are attributable to any Bolivian citizen and which are protected in domestic law and the Political Constitution of the Plurinational State.

As is well known, the APGIG is in a legal conflict with the departmental authorities - which it accuses of systematic racist conduct - and which has led to the indictment of Walter Ferrufino who, in a letter dated 10th July 2012, has refused to comply with the Constitutional Judgement 2003/2010-R.

The said letter is consistent with what sources within the APGIG legal department consider to be "the authorities" defended by Governor Condori and in particular by his racist Executive Secretary, Roberto Ruiz Bass Werner, given that the missive is written in a style and language unlike that normally used by Walter Ferrufino.

The response from the APGIG to these clearly racist statements was produced in a letter dated 16th July 2012 which stated:

    There is no authority within the Constitutional order currently in effect in the Plurinational State of Bolivia that is hierarchically superior to the Constitutional Court and which can modify or interpret the terms of a Constitutional Judgement; therefore, there is absolutely no possibility whatever that any regulation |1|, much less with retroactive effect, can be applied and this argument is evidently wrong in law and is an insult to our understanding and our rights as citizens and as an indigenous people.

    Mr Walter Ferrufino, we are sure that you know or should know your legal obligations as an everyday public official, obligations which, in the matter of the jurisdictional responsibilities you claim to possess and that you effectively exercise, cannot be waived, and therefore we cannot consider your letter to be any more than a deliberate act of non-compliance with the execution of the Constitutional Judgement mentioned ut supra, an act punishable both criminally and administratively, a fact of which we know you to be expressly aware.

And the letter went on:

    The only original people of the TCO ltika Guasu with a presence there of over 400 years is the Guarani people represented by this organization and therefore, we are the only legal subjects for the purposes of the right to consultation.

Currently Nelson Walter Ferrufino Gaite is immersed in a self-financed campaign to defame the legitimate and legal authorities of the APGIG in an attempt to cause division within this organization and thus avoid compliance with the right to consultation in respect of the territory of the TCO Itika Guasu.

[Source: Radio Nizkor, Charleroi and Guaye (Entre Ríos), 14Feb13]


1. NT: The authorities of the Government of Tarija have issued regulations in relation with development projects to be implemented, among other areas, in the Itika Guasu territory, without complying with the right to consultation and in flagrant breach of Constitutional Judgement 2003/2010-R. [Back]

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