CAT/OP/BOL/3/Add.1
population in order to inform the prison and judicial authorities of the needs of persons
deprived of their liberty in prisons or, where appropriate, to request opportunities for
prisoners to engage in employment and educational and/or sporting activities that help
them to reintegrate into society. These activities are carried out during the period of
confinement, whether the inmates concerned are in pretrial detention or serving a sentence,
so that the persons involved may subsequently enjoy a prison privilege such as day release,
extended leave or probation. Disciplinary offences committed by persons deprived of their
liberty in prisons are reported to the police officers responsible for internal or external
security by the representatives or, where appropriate, by persons deprived of their liberty,
whereupon the police officers on duty take appropriate action in accordance with the law.
When the offender has been identified, the prison director imposes a disciplinary sanction
in accordance with a procedure set out in Act No. 2298, guaranteeing the right to be heard
under the principle of due process. In the event that an inmate considers the penalty
imposed by a prison director to be unfair, he or she has the right to submit an appeal to the
enforcement judge, who is the authority responsible for upholding or revoking the penalty
imposed by the director in accordance with articles 29 to 32 and article 122 of Act No.
2298.” In the same context, when an act carried out by persons deprived of their liberty can
be classed as an ordinary offence, that fact is immediately brought to the attention of the
Public Prosecution Service, which is responsible for ascertaining the historical truth of the
facts and identifying the persons who may have committed or planned the offence in
question (annex 17-A).
44.
With regard to the alleged existence of a parallel system of internal governance in all
prison establishments, it should be stressed that the concept of self-government does not
exist because prison directors are responsible for the internal disciplinary system and for
internal security.
45.
In any case, by the end of the first half of 2018, the State will draw up regulations
governing and delimiting representatives’ duties, which are limited to representing persons
deprived of their liberty with the aim of enabling them to file complaints and petitions in
accordance with the legal system, which affords a high degree of protection to persons
deprived of their liberty.
46.
With regard to the adoption of a prison policy setting out a comprehensive plan
containing goals, objectives and stages for the establishment of an autonomous structure
that would be independent of the police and capable of carrying out the required duties and
tasks, since 2015, the Directorate-General of Prisons has been implementing a strategic
prison reform policy aimed at consolidating reform of the prison system, with a view to
enhancing social and labour reintegration and improving the living conditions of persons
deprived of their liberty, within a framework of respect for human rights and in accordance
with the legislation in force.
47.
Currently, the prison system does not depend on the Bolivian police force, but it
coordinates actions aimed at safeguarding the external and internal security of prison
establishments. Under Act No. 2298, it is also the authority empowered to impose
disciplinary sanctions on persons deprived of their liberty, subject to the judicial oversight
of the enforcement judge.
48.
With regard to the replacement of police officers by civilian prison staff, supervisory
officers and administrative officers who are identifiable to prisoners and prison staff, the
Directorate-General of Prisons is working on various pieces of draft legislation and on the
necessary financial adjustments as part of its efforts to implement and assess the results of
the strategic policy towards prison reform (2016–2020).
49.
With regard to the training of prison officers, supervisory staff and prison managers,
and the payment of adequate wages to prison staff, the Directorate-General of Prisons has
conducted various training courses and workshops for the benefit of its administrative staff.
The staff of the National Directorate of Prison Security have also taken part in training
programmes given in national and international courses (annex 17-B).
50.
The Government, through the Directorate-General of Prisons, has made the
necessary budgetary allocations in 2018 to ensure that persons deprived of their liberty are
confined in decent conditions. The sum of Bs 63,335 (bolivianos) has been allocated for
GE.18-12244
11
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