CAT/OP/BOL/3
(d)
Failure to implement prisoner release orders due to administrative obstacles
or the lack of identity documents for use in monitoring and following up on individual
cases.
72.
The Subcommittee reminds the State party that extreme overcrowding — as was
observed in several locations — violates the rights of persons deprived of their liberty and
amounts to cruel, inhuman and degrading treatment. In view of the unsustainable levels of
overcrowding and the presence of inmates suffering from tuberculosis at several of the
facilities that were visited, the Subcommittee emphasizes that urgent measures are needed
and that those measures should “form part of a top-level State policy”.24
73.
The Subcommittee recommends that the State party:
(a)
Promote the enhanced use of information technology tools to keep
records on persons deprived of their liberty and closely monitor the duration of
pretrial detention;
(b)
Undertake a thorough evaluation of the use of plea-bargaining
procedures, ensuring that the rights to a defence and to due process are respected;
(c)
Ensure the separation of pretrial detainees from convicted prisoners,
considering that the former should be subject to a regime that is appropriate to their
status as unconvicted persons;
(d)
Use alternatives to the deprivation of liberty for cases of non-compliance
with family maintenance obligations or the non-payment of employment-related
benefits.
(b)
Material conditions
74.
The Subcommittee notes that, in general, the material conditions in the country’s
prisons fall far short of acceptable standards, particularly in the San Pedro, Palmasola, San
Sebastián (both the men’s and women’s facilities) and Mocoví prisons.
75.
The country’s prison infrastructure is old and, in prisons in La Paz, persons deprived
of their liberty have had to modify their cells on their own. San Pedro Prison does not meet
minimum standards for hygiene, health services, adequate ventilation or mattresses; the
Subcommittee takes the view that conditions of detention in this prison amount to cruel,
inhuman and degrading treatment.
76.
The Subcommittee reiterates the recommendations it made to the State party in
2010 and calls upon it to take urgent action to close the prisons of San Pedro in La Paz
and Palmasola in Santa Cruz.
77.
Persons deprived of their liberty do not have an adequate standard of living, since
their access to food, medical attention, medicines, clothing, beds and personal hygiene
items depends mainly on their financial means and often on the support of family members.
Some detainees had been paid their daily meals allowance (prediario) more than one month
late. The Subcommittee was informed that minors living with their mothers in prison did
not receive a daily meals allowance.
78.
The Subcommittee observed extremely unsanitary conditions at the Chonchocoro,
San Sebastián (men’s) and San Pedro prisons, where drinking water and sanitation services
are in short supply. At Chonchocoro Prison, access to drinking water is intermittent, and it
is non-existent in what is known as the “lorera”, an area where prisoners are overcrowded
and must share a foul-smelling toilet.
(c)
Prison activity programmes
79.
In some prisons, the Subcommittee noted that some physical spaces were set aside
for primary and/or secondary studies and for workshops, chiefly for carpentry, weaving,
tailoring and hairdressing. Cooking and doing laundry are regarded as women’s work in the
24
14
CAT/OP/BOL/R.1, párr. 143.
GE.18-12272
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