CAT/C/BOL/CO/2 Military jurisdiction 12. The Committee applauds the Plurinational Constitutional Court’s decision (Decision No. 2540/2012 of 21 December 2012) to resolve the jurisdictional dispute regarding the case of Second Lieutenant Grover Beto Poma Guanto by referring that case to a civilian court. The Committee notes, however, that, in its decision, the Court urged the Plurinational Legislative Assembly to amend the military penal provisions set forth in Decree-Law No. 13321 of 22 January 1976 so that they would be compliant with the Constitution and with international human rights treaties under which the State party has an obligation to ensure that military courts do not have jurisdiction over cases involving human rights violations (art. 2, paras. 1 and 3, and arts. 12, 13 and 16). The Committee urges the State party to amend its Military Criminal Code, Code of Military Criminal Procedure and the Military Justice Organization Act in order to establish that military courts do not have jurisdiction over cases involving human rights violations, including acts of torture and ill-treatment committed by members of the armed forces. The State party should ensure that the conduct of members of the armed forces who are suspected of having committed acts of ill-treatment or torture against military personnel is thoroughly investigated, that persons suspected of committing such acts are tried in civilian courts and that, if found guilty, they are punished appropriately. Efforts to combat impunity and to provide redress for past human rights violations 13. The Committee takes note with interest of the existence of a draft bill concerning the establishment of a truth and justice commission to investigate human rights violations committed in Bolivia in the period 1964–1982. It takes note with concern, however, of the delays and scant progress made in investigating serious human rights violations committed during the period when the country was under military rule (1964–1982) and in prosecuting the persons responsible for them. The Committee is also concerned that, despite the establishment of the Inter-Agency Council of Inquiry on Enforced Disappearances in 2003, the whereabouts of many of the people who disappeared between 1980 and 1982 remain unknown. It is concerned, in particular, about the armed forces’ refusal to declassify records that could help investigators to determine the fate and discover the whereabouts of these people (arts. 1, 4, 12, 13 and 16). The State party should: (a) Ensure that sufficient resources are made available to permit impartial, effective investigations to be conducted and to bring suspects to trial; (b) Take steps to complete the work of exhuming and identifying the remains of disappeared persons; (c) Adopt the necessary measures to provide access to all civilian and military files that may contain documentation relevant to ongoing investigations and documentation that could be of assistance in determining the fate and discovering the whereabouts of disappeared persons. 14. The Committee is concerned by the fact that such a large percentage of the applications for redress submitted in connection with acts of torture committed between 1964 and 1982 have been turned down. The State party has indicated that only 558 of the 3,306 applications it received have been accepted for processing. The Committee takes note with concern of reports from non-governmental organizations (NGOs) which indicate that administrative hurdles exist that make it difficult for victims to secure sufficient, effective and full redress. The Committee also observes that the 488 payments made thus far correspond to just 20 per cent of the total amount of compensation anticipated and that the GE.13-44526 5