CAT/OP/BOL/3/Add.1
are not screened. Therefore, detainees can submit all reports and allegations of torture or illtreatment to their lawyers, who will then file the corresponding complaints.
22.
However, persons deprived of their liberty who consider that their rights have been
violated may submit their requests or complaints, either orally or in writing, to the director
of the institution or to administrative staff, or may use other direct mechanisms authorized
by the Directorate-General of Prisons.
23.
In accordance with the provisions of article 43 of Act No. 2298, a complaints and
petitions box has been set up in each prison to enable inmates to submit appropriate
complaints or petitions (see Annex 11).
24.
Therefore, mechanisms are made available to persons deprived of their liberty to
enable them to exercise their right to petition and to submit any complaints they deem
necessary. According to article 121 of Act No. 2298, officials who become aware that an
offence has been committed are required to inform the Public Prosecution Service, which
will launch the corresponding investigation.
25.
With regard to the three deaths that occurred in Chonchocoro Prison, the facts were
brought to the attention of the Crime Squad and consequently to that of the Public
Prosecution Service through the corresponding complaint. The proceedings are before the
criminal court of investigation in Viacha (Ingavi Province) and have been assigned the
following case numbers: No. 870/2016 in respect of the death of Jhonny Chambi Quispe,
No. 868/2016 in respect of the death of Rolando Eliseo Copatiti and No. 249/2017 in
respect of the death of Juan Carvajal Alcón (see Annex 12).
26.
Legal Report No. 406/2017 of the Directorate General of Legal Affairs, issued by
the Legal Department of the Ministry of the Interior, provides details of the current status of
the three cases relating to the complaints being investigated by the Public Prosecution
Service, as follows:
(1)
Public Prosecution Service/Jorge Armando Chura and others, for the offence
of murder
(2)
Public Prosecution Service/Javier Zambrana and others, for the offence of
murder
(3)
Public Prosecution Service/Bismar Apaza Mayorga, for the offence of
murder
27.
It should be noted that formal charges have been laid in the first two cases, which
are being prosecuted under the criminal procedure established by law. The investigation of
the third case is in the preliminary stage and the charge of murder remains provisional until
the formal indictment is issued (see Annex 13).
28.
In this regard, upon learning of acts that threaten or infringe the physical integrity or
life of persons deprived of their liberty, the Directorate-General of Prisons, through its
departmental directorates, files the corresponding complaints so that such acts may be
investigated, prosecuted, tried and punished in accordance with Bolivian law.
29.
The National Directorate of Prison Security requested the Directorate-General of
Internal Police Investigations to provide information regarding “police officers who are
subject to disciplinary proceedings under art. 14 (5) of Act No. 101”, which relates to the
perpetration of cruel, inhuman or degrading treatment, acts of torture or violations of
human rights.
30.
The documentation submitted in response to the request shows evidence of
disciplinary proceedings against police officers. For information on proceedings relating to
investigations of possible acts of torture and/or inhuman or degrading treatment (see annex
14-A).
31.
In that regard, and in response to the Subcommittee’s recommendation, the
Directorate-General of Prisons issued Instruction MG-DGRP No. 28 of 20 September 2017,
in which it requests departmental prison directors to “continuously monitor criminal
proceedings initiated as a result of complaints relating to alleged criminal offences
committed in prison establishments” (see annex 14-B).
GE.18-12244
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