CAT/OP/BOL/3/Add.1 32. As may be seen from the accompanying documentation, the State has opened investigations into the merits of the allegations of torture and ill-treatment reportedly committed by police officers and/or prison personnel in the cases identified by the Subcommittee and has installed complaints boxes, which are the complaints mechanism deemed most suitable and most easily accessible for the prison population. 33. The State has also taken the necessary steps to establish the responsibility any superior officials who have consented to or acquiesced in such acts. 34. Lastly, as has already been outlined, domestic legislation, specifically Act No. 101, punishes misconduct or omissions by public servants working in prisons. V. Observations made in paragraphs 33 to 40 of section III Allegations of torture and ill-treatment and impunity 35. In this respect, the Government has reviewed the Subcommittee’s observations and has made arrangements to implement measures intended to establish the real nature, scope and responsibilities of inmate “representatives”, in line with the provisions of Act No. 2298. 36. Article 111 of Act No. 2298 states that inmates have the right to elect representatives as provided for in the Act, through annual elections with universal, direct, equal, individual and secret voting. The selection process is to be conducted by an elections committee appointed by inmates under the supervision of the social assistance services. The elections committee may invite representatives of outside institutions to act as electoral observers. 37. Article 112 of the Act establishes that in order to be eligible as candidates, inmates must have served at least 6 months of their sentence and must not have committed any serious or very serious offences in the past year. 38. Article 113 establishes that representatives selected by the committee may be removed if they commit a serious or very serious offence and that in such cases, the social welfare services shall call new elections within five days. 39. Article 114 of the Act provides that inmate leaders shall be appointed by the Prison Director from a shortlist of three candidates submitted by inmates, within five days of submission of the list. Inmate leaders shall serve for a period of one year. 40. Article 115 (1) of Act No. 2298 provides that, in order to qualify, inmate leaders must have served two-fifths of their sentence, must not have committed any other offence during their time in the institution, must not have committed serious or very serious offences in the past year and must not be serving a sentence for a non-pardonable offence. The article also makes provision for inmate leaders to exit the prison during working days and hours, on condition that they return at the end of the day. 41. Report No. 119/2017, issued by the National Director of Prison Security, Colonel Miguel Ángel Irusta Vera, states in this respect that “articles 67 and 71 of Act No. 2298, on Sentence Enforcement and Supervision, provide that the Bolivian police force shall be responsible for internal and external security in prison establishments”. 42. With regard to the reports of so-called “absence of institutional control” in prisons, the above-mentioned report states that “despite the overcrowding and infrastructure problems, police officers are responsible for security in prisons at a national level and for conducting roll calls, carrying out inspections and applying disciplinary sanctions, among other duties. For that reason, every prison director is instructed to carry out random, unannounced internal checks (annex 15) to ensure that prisons run normally, coordinating with the departmental police commands and confiscating any banned objects” (annex 16). 43. With regard to the alleged existence of a system of self-government, which is said to leave representatives in control of the situation inside prisons, Report No. 119/2017, issued by the National Director of Prison Security, Miguel Ángel Irusta Vera, states that “in prisons, the prison population is represented by its representatives; that is, the police do not delegate functions associated with internal control. The role of representatives of the prison population is provided for in Act No. 2298; the delegates are elected by the prison 10 GE.18-12244

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