CAT/C/BOL/CO/2
Mechanisms (CAT/OP/12/5, paras. 7, 8 and 16). The State party should ensure that
the national preventive mechanism is endowed with sufficient resources to do its work
effectively on a fully independent basis.
The Committee encourages the State party to authorize the publication of the report
on the visit to Bolivia made by members of the Subcommittee against Torture in 2008,
along with the Bolivian authorities’ response to the Subcommittee’s
recommendations, dated 27 October 2011.
Training
22.
While taking note of the special module devoted to the Convention that has been
included in training programmes for the armed forces, the Committee is concerned by the
fact that the instructional programmes for police officers do not include training that deals
specifically with the provisions of the Convention. Nor does the training provided to
judges, prosecutors and medical personnel who work with prisoners specifically cover
methods of improving the detection and documentation of the physical and psychological
after-effects of torture (art. 10).
The State party should:
(a)
Revise its training programmes in order to ensure that law enforcement
officers and prison staff are fully aware of the provisions of the Convention, that
violations of the Convention are not tolerated and are investigated, and that the
persons committing such violations are brought to justice;
(b)
Ensure that training programmes for judges, prosecutors, forensic
physicians and other medical personnel who work with prisoners specifically cover
the Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol);
(c)
Develop and apply a methodology for evaluating the effectiveness of
training programmes in reducing the number of cases of torture and ill-treatment.
Illegal abortions
23.
The Committee takes note of the explicit recognition of sexual and reproductive
rights accorded in article 66 of the Constitution and of article 20.I.7 of Act No. 348, which
sets forth the State party’s obligation to “respect the decisions taken by women victims of
violence in exercising their sexual rights and their reproductive rights in accordance with
the laws and regulations in force”. However, the Committee notes with concern that, under
article 266 (permissible abortions) of the Criminal Code, rape victims who decide to
interrupt their pregnancy must obtain authorization from a judge in order to do so.
Information made available to the Committee regarding the use of the right to conscientious
objection by the judiciary indicates that this requirement constitutes an insurmountable
obstacle in many cases, and women in this situation are therefore forced to undergo illegal
abortions, with all the health risks that this entails (arts. 2 and 16).
The State party should ensure that rape victims who voluntarily decide to interrupt
their pregnancy have access to safe abortions. To this end, the State party should do
away with any unnecessary obstacle in that regard. The Committee refers the State
party to the recommendations made to it by the Committee on the Elimination of
Discrimination against Women (CEDAW/C/BOL/CO/4, paras. 42 and 43). The
Committee against Torture urges the State party to evaluate what effects the current
highly restrictive laws on abortion have on women’s health.
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