CAT/OP/BOL/3/Add.1
supplies of different kinds (including blankets, sheets, mattresses, toothbrushes, toothpaste,
bunks and kitchen supplies), in accordance with the requirements of international human
rights jurisprudence and the recommendations of the Subcommittee (annex 17-C).
51.
In order to improve the condition of infrastructure and recreational areas, including
occupational therapy areas, for persons deprived of their liberty, plans are being drawn up,
in coordination with the Ministry of the Interior, for the establishment of the Chonchocoro
prison complex, for a cost of Bs 1,920,955.00, the new Palmasola prison complex, for a
cost of Bs 2,317,834.00, and the Arani model prison complex, for a cost of Bs 1,700,000.00
(annex 17-D).
52.
In this regard, the State protects and respects the rights of persons deprived of their
liberty and respects the established legal order.
53.
In addition, in line with the 2016-2020 Prison Reform Strategy, the Ministry of the
Interior has issued legal report DGAJ-UAJ No. 413/2017, which concludes that “…in view
of the fact that tackling social problems in prisons is a priority, the regulations of each
prison must be adapted to its current circumstances, so that the request to apply specific
internal regulations to each prison is admissible and does not breach domestic law” (annex
18).
54.
The staff member of the Directorate-General of Prisons in charge of prisoners’ daily
food allowance, Franz Pozo Vásquez, stated that: “…at present, the dynamics have changed
in the light of Supreme Decree No. 1854, and starting in 2016 local governments have
made the payment directly without transferring funds to the Ministry of the Interior to pay
for daily food allowances, which is why it is necessary to amend the procedures set out in
Ministerial Resolution No. 4237. Therefore, it is recommended that the proposed handbook
of procedures for requests for daily food allowances should be submitted to the
corresponding unit of this government body to be reviewed, analyzed and subsequently
approved by ministerial decision” (annex 19).
55.
The amount allocated for daily food allowances provides inmates with decent,
necessary nutrition.
56.
With regard to the recommendation made by the Subcommittee in paragraph 42 (a),
the Directorate-General of Prisons issued Instruction MG-DGRP No. 014-A of 16 June
2017 directed at the departmental directors of the prison system and the prison directors of
the country, drawing their attention to the fact that the appointment of representatives
responsible for discipline in prisons is prohibited, because only prison directors have the
authority to impose disciplinary sanctions, in accordance with article 122 of Act No. 2298
(annex 20).
57.
Instruction MG-DGRP No. 014/2017 of 5 June 2017 was issued with the aim of
informing the departmental directors of prisons and prison directors around the country that
only prison directors have the authority to impose disciplinary sanctions, in accordance
with articles 122 and 123 of Act No. 2298, and that solitary confinement as a disciplinary
sanction may become effective only when the decision to impose it has become executory
(that is, under the supervision of the enforcement judge), in accordance with the provisions
of article 125 of Act No. 2298.
58.
Nevertheless, regulations will also be drawn up and brought into effect governing
the disciplinary regime in prisons, alongside a modified handbook of duties regulating the
duties and obligations of prison staff and establishing a system of sanctions for noncompliance. Training in the implementation of these documents will be provided as soon as
they are issued.
VI. Observations made in paragraphs 43 and 44 of section IV
Follow-up to the recommendations made by the
Subcommittee in 2010
59.
According to the documentation (proceedings and reports) sent by the
Administrative Unit of the Directorate-General of Prisons in response to requests from the
12
GE.18-12244
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents