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
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