The Bolivian military’s lack of cooperation threatens an investigation into the armed forces’ shooting of scores of civilians during anti-government protests in September and October, Human Rights Watch said today in a letter to Bolivian President Carlos Mesa.

The most serious threat to the ongoing investigation is the likelihood that military courts will assert a competing claim over the case if civilian charges are brought against military personnel, Human Rights Watch said in the letter. As past cases show, the military courts lack independence and impartiality, and almost inevitably acquit military personnel charged with abuses against civilians.

Human Rights Watch also called attention to the failure of the armed forces to cooperate fully with the civilian prosecutors conducting the ongoing investigation, and to the weakness and inefficiency of the civilian justice system.

The letter is based on the conclusions of a fact-finding mission to La Paz during the last week of November.

“The investigation of the protesters’ deaths is a crucial test of Bolivian justice,” said José Miguel Vivanco, Executive Director of the Americas Division of Human Rights Watch. “In order for the investigation to succeed, President Mesa must ensure that the civilian courts retain jurisdiction, and must instruct military officials to cooperate fully with civilian prosecutors.”

At least 59 people died in September and October during anti-government protests sparked by plans to export Bolivian natural gas through Chile. The single bloodiest day was October 12, when 26 civilians were killed in El Alto, a poor industrial city overlooking La Paz. Many were shot when army troops armed with combat rifles broke up crowds that were preventing fuel tankers from reaching La Paz. At least 14 civilians were shot and killed in La Paz on the following day, as the protests continued.

Then-President Gonzalo Sánchez de Lozada and his cabinet resigned on October 17. They now face a possible “trial of responsibilities” for the October deaths if Congress votes to allow such a proceeding to go forward.

In his first address to Congress after taking over as president, former Vice-President Carlos Mesa promised that the courts would investigate the deaths impartially and hold accountable those found responsible for them.

Investigations into earlier protest deaths, however, have failed to bring results. No one has yet been held responsible for the killing of 31 people in February, which occurred during and after a riot in La Paz. The military courts have retained jurisdiction over a case involving four soldiers accused of killing a nurse and a porter during the unrest.

Human Rights Watch also emphasized that investigations being conducted by civilian prosecutors face serious difficulties of their own. Bolivian prosecutors lack independence and are vulnerable to political pressure. Their investigative efforts are also hampered by a severe shortage of funds and technical resources.

Officials of the Bolivian Attorney General’s office informed Human Rights Watch that money approved by the Senate to cover the costs of the civilian investigation into the February incidents has still not been provided. So far, the investigation into the September and October deaths has been run on a shoestring, and a request for special funding is still pending.

Human Rights Watch called on President Mesa to strengthen the independence and effectiveness of the public prosecutors’ office, as recommended by the Organization of American States in a recent report. President Mesa should also give serious consideration to the formation of an independent commission charged with investigating the incidents of September and October.

“Unless the credibility of this investigation can be restored, the government should consider appointing a commission of individuals of recognized impartiality and independence to conduct a separate inquiry into the September and October incidents,” said Vivanco.