Nadia Cruz

Nadia Cruz was born on 10 December 1982 in La Paz, where she studied law at the Bolivian Catholic University, graduating on 20 February 2006. Later, she attended the Higher University of San Andrés, where she received a master's degree in constitutional law and procedure. Additionally, Cruz is a graduate in the field of higher education from the two aforementioned universities. Cruz practiced law in La Paz and El Alto, during which time she became a member of the Permanent Assembly of Human Rights and was a legal advisor to the Association of Relatives of Disappeared Detainees and Martyrs for National Freedom (ASOFAM).[1] During her time with ASOFAM, Cruz held a seat on the Committee for the Trial of Responsibilities against former president Gonzalo Sánchez de Lozada and was a member of the Legal Commission of the Trial Committee, which promoted a process against former prefect Leopoldo Fernández for the Porvenir massacre.[2] This latter post garnered Cruz criticism from the country's political opposition, who considered the case against Fernández —a prominent opponent of the ruling Movement for Socialism (MAS-IPSP)— to have been politically motivated.In response, Cruz assured that though the Porvenir Case had since been branded as political, human rights violations that occurred warranted investigation nonetheless.[3]

During the administration of Rolando Villena, Cruz began a career in the Ombudsman's Office, serving as a consultant and human rights professional between 2011 and 2012. On 18 April 2012, she was appointed as the national head of citizen services, serving under deputy ombudsman Jaime Quiroga.[1][4] When Quiroga resigned in 2014, Cruz also left her post.[5] In 2016, she returned to the institution and was appointed as the national head of attention and conflict prevention, later serving as deputy for the defense and compliance with human rights.[4]

On 24 January 2019, incumbent ombudsman David Tezanos Pinto resigned halfway into his term after his wife reported him to the Prosecutor's Office on allegations of domestic violence.[6] As a result, the legislature was tasked with electing an acting ombudsman from among Tezanos Pinto's three deputy ombudsmen: Cruz, Ximena Fajardo, and Israel Quino. The latter was disqualified for being a member of the MAS.[2] On 30 January, legislators of the ruling party elected Cruz by a vote of ninety-six to zero; the opposition abstained from voting. Her designated task was to head the Ombudsman's Office for a period not exceeding ninety days while the legislature managed the process of electing a new authority.[7] Despite the three-month deadline, the election process quickly stalled, and the issue had still not been addressed by the time Cruz's mandate neared expiration. MAS Senator Ciro Zabala blamed the lack of progress on the fact that the legislature had more urgent priorities. He justified that the ninety-day interim period was only customary and could be extended if needed; he pointed to the numerous other acting authorities in the country who had surpassed their originally prescribed terms.[8]

During Cruz's extended term, the opposition accused her of partisan bias towards the ruling party, pointing to her participation in town halls and electoral rallies supporting the MAS' general election campaign. After President Evo Morales resigned amid protests against him in late 2019, the transitional government of Jeanine Áñez withdrew its recognition of her authority. Vice Minister of Citizen Security Wilson Santamaría asserted that Cruz's term expired upon the completion of her mandate on 30 April, basing the decision on 2004 constitutional ruling indicating that an interim term in public functions has a maximum duration of ninety days. As a result, the government declared that Cruz was illegally exercising the position of ombudsman and that all official acts carried out by her after 30 April were null and void.[9]

By 2021, Cruz's interim mandate had lasted longer than her predecessor's entire term prior to his resignation. The opposition accused the MAS of maintaining her in the position because she was "functional to its interests", and they no longer had a two-thirds legislative majority to elect a new authority unilaterally.[10] Nearing the end of Tezanos Pinto's original term in early 2022, the MAS initiated the process of electing a new ombudsman after more than three years.[11] Following speculation that she might seek to apply to be elected to a full term, Cruz assured that such an action was "not a matter of my interest".[12]