By Windsor Hernani, Vision 360:

Rolling out the red carpet to welcome Chilean President José Antonio Kast on his upcoming official visit, while trying to sweep under it all the dirt accumulating around the “narco-timber” case, is an inappropriate attitude.

In recent days, Jorge “Tuto” Quiroga, leader of the political group Libre, held a press conference regarding the so-called “narco-timber” case. He questioned the procedures used, demanded explanations from the Foreign Ministry, called for sanctions and compensation from Chile, and compared the damage caused to Bolivia’s maritime confinement. It is, of course, a political analogy that reflects the seriousness he attributes to what is taking place.

The issue is taking on troubling dimensions. It is no longer merely an investigation into the alleged presence of controlled substances in timber shipments exported abroad. Bolivia’s international reputation, the legal certainty of its exporters, the protection of an economic activity and its workers, and above all, the Bolivian State’s ability to defend its interests vis-à-vis Chile and guarantee the fundamental rights of its citizens—such as due process—are now at stake.

The Foreign Ministry, in its shortsightedness, is not acting with the timeliness, firmness, and legal rigor that the case demands. It gives the impression that its main concern is avoiding any controversy with the Chilean government. It would appear that, above national interests, it places the objective of maintaining cordial relations and advancing toward the restoration of diplomatic ties, which Bolivia severed in 1978.

Out of duty and dignity, it must act now. It must immediately activate consular protection, a mechanism of consular assistance and protection recognized under international law and, in particular, by the Vienna Convention on Consular Relations.

If it continues down this mistaken path, the problem may end up becoming a time bomb that, sooner or later, will explode in the hands of the foreign minister and his team, producing precisely the consequences they seek to avoid. Unfortunately, it will cloud relations with Chile.

Foreign Minister Héctor Huanca, the Consul General in Santiago—the head of the consular corps accredited in Chile—and the consul, vice-consul, or whoever is currently in charge of consular functions in Arica face a true trial by fire in this case. Through actions, not merely statements, they must demonstrate that they have fulfilled the obligations imposed on them by law and possess the competence and qualifications required for their positions.

Since memory is often fragile, it is worth recalling that Bolivia’s Foreign Service Law (Law 465) establishes as an obligation of the Ministry of Foreign Affairs the duty to “safeguard respect for the fundamental rights, identity, and dignity of Bolivian men and women residing abroad and represent their interests before other States” (Article 4, Section 12).

This is therefore not a power invented for this particular case. It is a legal obligation. Moreover, it is especially relevant because it refers specifically to the protection of Bolivians against possible arbitrariness by foreign authorities. In particular, this obligation is entrusted to the consular service under Article 19 of the same law.

Within this framework, the question that they will have to answer in the near future is simple but necessary: Did they fulfill their obligations? How did they defend the rights of Bolivian nationals before the Chilean State? And how did they protect Bolivia’s economic interests abroad?

When a Bolivian citizen—whether an individual or a legal entity—faces accusations of committing a crime in another country, the Foreign Ministry and, specifically, the consular authorities have an obligation to provide assistance and protection within the limits established by international law. This includes ensuring access to legal assistance and respect for fundamental rights and judicial guarantees, including due process.

This must be clearly understood. The Foreign Ministry does not replace private legal defense, nor can it interfere with the independence of a foreign judiciary. Nor is it its role to determine the guilt or innocence of a person or company under investigation. But respecting those limits is one thing; remaining indifferent and leaving a Bolivian citizen completely unprotected when they claim that their fundamental rights may be being violated is quite another.

The existence of private legal representation does not exempt the State—or, specifically, its consular authorities—from its responsibility to provide assistance and exercise consular protection when the rights of its nationals or Bolivia’s legitimate interests abroad are at stake.

In the case before us, timber entrepreneur Andrés Saladino Judeh has publicly stated that, despite formally joining the proceedings with proper legal representation, he allegedly was unable to access the investigative file for approximately eight months, preventing him from adequately preparing his defense. He has also claimed that he has not been allowed to conduct the counter-tests necessary to challenge the accusations made against the companies involved, that the actions of the Chilean prosecutor’s office are affecting his ability to defend himself, and he concludes with a serious allegation: that he feels discriminated against because he is Bolivian.

These allegations are serious, and precisely because of their seriousness, the Foreign Ministry cannot remain unmoved and indifferent.

The right to defense is not merely a guarantee recognized by national legislation; it is a human right enshrined in the American Convention on Human Rights, or Pact of San José, to which both Bolivia and Chile are parties. When there are indications of a possible violation of fundamental rights, the Foreign Ministry must act, within the framework of international law, through diplomatic and consular channels with its Chilean counterpart. The matter ceases to be strictly private or institutional; when the fundamental rights of Bolivians are involved, it acquires a state dimension and must be addressed between the two countries.

Good relations with Chile must be built, and precisely for that reason they should rest on solid foundations—not on diplomatic silence, nor on a premature renunciation of legitimate claims when sufficient grounds exist to make them.

Rolling out the red carpet to welcome Chilean President José Antonio Kast on his upcoming official visit, while attempting to sweep under it all the dirt accumulating around the “narco-timber” case, is an inappropriate attitude.

Leave a comment

Visit us using the links above / visitenos usando los enlaces de arriba:

Facebook: more content in Spanish / más contenido en español.

We are also in / También estamos en: Instagram, X