Arce Zaconeta y el lucrativo negocio de “perder”

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Si en Estados Unidos hoy se publicara un libro escrito por un general de división, exintegrante del Alto Mando de las Fuerzas Armadas, exsenador y exembajador que denuncie la corrupción de los más íntimos colaboradores de Donald J. Trump, el autor se convertiría súbitamente en un personaje famoso entrevistado por todos los medios de prensa más importantes y su libro, en un best seller que lo haría millonario.

No en Bolivia, donde en 2020 se publicó un libro escrito por el Gral. Ejto. (r) Freddy Bersatti, quien ocupó los más importantes cargos diplomáticos con rango de embajador en Santiago de Chile y en Washington, además de haber sido senador por el MAS y confidente del presidente Evo Morales. El libro denuncia con lujo de detalles, y conocimiento de primera mano, la corrupción y la usurpación del poder ejercida por los “cuatro jinetes del Apocalipsis”, a quienes él nombra con el desafortunado título “Los 4 del poder oscuro del entorno”. Desde luego, ellos son: los hermanos Álvaro y Raúl García Linera, Juan Ramón Quintana y Héctor Arce Zaconeta.

Un regalo del cielo para cualquier gobierno que hubiera estado interesado, además de obligado, a investigar y juzgar a los autores intelectuales de una cadena de actos de corrupción, abuso de poder, fraude electoral y negociados. Pero no, el gobierno de transición estuvo más ocupado en copiar lo malo del gobierno del MAS y lanzar la candidatura de la presidenta para quedarse en el poder, que en sanear y desinfectar el sistema judicial y enjuiciar a los delincuentes políticos del régimen anterior.

Era imposible tener un mejor testigo de cargo que el denunciante Gral. Bersatti ya que, en su libro, él denuncia los grandes negociados del gobierno de Evo y hace un llamado a la reconducción del MAS, liberado en ese momento de sus cuatro delincuentes principales y su jefe Evo Morales.

El caso puntual que nos ocupa es el del cerebro gris de la corrupción judicial y la extorsión: el infame Héctor Arce Zaconeta (HAZ), que ha descubierto una veta maravillosa para enriquecerse simulando defender los intereses nacionales. Munido inicialmente en 2008 del título de “Ministro de la Defensa Legal de las Recuperaciones Estatales”, HAZ ha perfeccionado el mal arte de negociar los arbitrajes internacionales a nombre del Estado y transar con los litigantes por sumas infinitamente mayores a las que por ley o negligencia les correspondiera. Un buen ejemplo es la indemnización acordada por él con la empresa chilena Quiborax, la que pretendía –según Bersatti– sólo 3 millones de dólares de compensación y Arce Zaconeta transó en pagarle ¡42.6 millones de dólares del erario nacional! Algo así como 15 veces lo reclamado. ¿Dónde fue la diferencia?

Bersatti relata también cómo HAZ visitó Santiago en 2008 para reunirse con los abogados de Quiborax, a quienes dejó plantados después de haber declinado el ofrecimiento de Bersatti, entonces Cónsul, de acompañarlo a dicha reunión. Y HAZ regresó a Bolivia sin informar con quienes se reunió en Chile. Casi diez años después, cuando Bersatti representaba a Bolivia esta vez en Washington y el juicio de arbitraje se ventilaba en el CIADI, HAZ, aún a cargo de la negociación con Quiborax, concretó la infame compensación, asesorado por abogados cubanos de bajísimo nivel, según recuerda Bersatti.

Ahora, formalmente fuera del gobierno, HAZ y sus socios acaban de “ganar” un contrato “por excepción” para representar a Bolivia en otro juicio de arbitraje interpuesto por la empresa india Jindal & Steel Bolivia, en litigio con la empresa estatal de El Mutún (ESM). Obviamente esto es encargarle al ratón que cuide el queso.

La estatal de El Mutún ha justificado este contrato por ser “el más barato”, pero en ese tipo de consultorías la licitación se efectúa por separado entre calidad y precio, en sobres diferentes, calificándose primero la “calidad” y posteriormente negociándose el precio.
En este caso todos sabemos que lo barato resultará muy caro.

Para ellos, no hay nada más lucrativo que perder.

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