CAT/OP/BOL/3
(a)
Ensure, as a matter of urgency, that good governance prevails in its
prisons, while doing away with the system of self-government in facilities where the
authorities do not exercise effective control;
(b)
Investigate all acts of violence and instances of corruption, including the
arbitrary imposition of disciplinary sanctions by inmate representatives, and penalize,
in accordance with the law, prisoners engaging in such actions and officials who are
guilty of acts of omission.
43.
The Subcommittee reiterates its concern about the working conditions of the police
officers responsible for prison security and prison record-keeping. Despite the steps taken
since the first visit, the Subcommittee noted that the settings in which they work, rest or
even receive their meals are unsatisfactory and that they have outmoded facilities and
defective or outdated equipment. Low wages are, naturally, another catalyst of corruption.
44.
The Subcommittee recommends that the State party ensure that the number of
prison officers is sufficient to guarantee safety and that it improve their working
conditions, including with regard to the payment of a decent wage.
C.
Public Defender Service
45.
In its 2010 report, the Subcommittee expressed concern not only about the
inadequate infrastructure and resources of the Public Defender Service but also about the
small number of defence lawyers it employed. In 2010, the Subcommittee found that just
over 50 public defenders served a population of more than 9 million. In addition, the
Subcommittee expressed concern about the large differential between the resources
allocated to the Public Defender Service and those assigned to the Public Prosecution
Service — the ratio of prosecutors to public defenders was 10 to 1 — and about the fact
that public defenders were paid half as much as prosecutors were. 20
46.
During its 2017 visit, the Subcommittee noted that a number of institutional changes
had been made, in particular the establishment of the Plurinational Public Defender Service
by Act No. 463 of 11 December 2013, in which the principle of public defence as a free
service for persons who have been accused or are suspects or defendants in criminal cases
is reaffirmed.
47.
The Subcommittee also noted that the number of public defenders, according to
information provided by the Government, has increased to a total of 91. However, the
Subcommittee remains concerned about the insufficient number of qualified public
defenders, which continues to have an impact on the right to a defence, particularly in rural
and poorer areas.
48.
In general, public defenders have not been provided with the proper technical
facilities or equipment for conducting interviews with their clients. The Subcommittee
observed public defenders conducting interviews in open spaces where privacy could not be
guaranteed, thereby making it difficult for persons deprived of their liberty to maintain
confidentiality while reporting ill-treatment. The combination of poor pay and the lack of
the necessary furnishings or equipment for their work, such as a desk or chair, demoralizes
lawyers and creates fertile ground for corruption.
49.
Persons deprived of their liberty who were interviewed by the Subcommittee stated
that they had little or no contact with public defence services, found it hard to identify the
public defenders who were to serve as their lawyers and lacked information about the status
of their cases. Some indicated that, given the ineffectiveness of the Public Defender Service,
they had had to seek private legal services, which were seen as more effective.
50.
The Subcommittee reiterates its recommendation regarding the need to
strengthen the institutional structure of the Plurinational Public Defender Service and
provide it with the budget and the technical, financial and human resources that it
needs to fulfil its mandate. The Subcommittee recommends that the State party
20
10
CAT/OP/BOL/R.1, párrs. 47 y 48.
GE.18-12272