CAT/C/BOL/CO/2
General’s Office registered 36 reports (31 involving men and 5 involving women) between
March 2006 and February 2013. The Directorate-General of Prisons registered just four
individual cases of torture or ill-treatment involving male juveniles at the rehabilitation
centre in Qaluama, Viacha, during the reporting period. These figures differ from those
provided by the Ombudsman’s Office, whose report to the Committee states that it dealt
with a total of 3,784 complaints of torture or ill-treatment between 2007 and 2012 and
issued 91 decisions in that connection (arts. 2, 12, 13, 16).
The State party should establish a special independent complaints mechanism for
receiving reports of torture and ill-treatment so that such reports can be dealt with
swiftly and impartially. It should also examine the internal complaints system
available to persons deprived of their liberty in order to determine how effective it is.
The Committee reiterates its earlier recommendation (para. 97 (e)) to the effect that
the State party should set up a centralized public register of complaints of torture that
includes information on the corresponding investigations, trials and criminal or
disciplinary penalties imposed.
Investigations and legal proceedings
11.
The Committee is concerned by the delays that have occurred in the criminal
investigation and prosecution of most of the individual cases of ill-treatment, torture,
excessive use of force and death in custody that were drawn to the State party’s attention in
the list of issues (CAT/C/BOL/Q/2/Add.1, paras. 22 and 27). The Committee shares the
concern of the Ombudsman’s Office about the possibility that the prosecution of some of
these crimes might be time-barred. The Committee also regrets that it has not received
detailed information on the outcome of the investigations, on related legal or disciplinary
proceedings or on the sentences or disciplinary penalties imposed on persons who
committed acts of torture during the period covered by the report. In the absence of this
information, the Committee finds itself unable to evaluate the actions of the State party in
the light of article 12 of the Convention (arts. 2, 12 and 16).
The State party should:
(a)
Ensure that all reports of torture or ill-treatment are investigated
promptly and impartially;
(b)
Promptly undertake a thorough, effective investigation on its own
initiative whenever there are reasonable grounds to believe that an act of torture or
ill-treatment has been committed;
(c)
Ensure that persons suspected of having committed acts of torture or illtreatment are suspended from their duties immediately and remain so throughout the
investigation, particularly if there is any risk that they might otherwise be in a
position to repeat the alleged act or interfere with the investigation;
(d)
Prosecute persons suspected of having committed torture or illtreatment and, if they are found guilty, ensure that they receive sentences that are
commensurate with the gravity of their acts and that their victims are afforded
appropriate redress. The State party should provide up-to-date statistics in this
respect.
The Committee recommends that the State party ensure that acts of torture are not
subject to any statute of limitations.
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