CAT/OP/BOL/3/Add.1 (8) To prosecutors: • Whenever it is necessary to request the application of a personal precautionary measure, this must be limited in nature and enforced in such a way that it causes the least harm to the person and reputation of the suspects, avoiding the uncontrolled application of pretrial detention, in accordance with articles 7 and 22 of the Code of Criminal Procedure • Ensure that conditions for imposing alternative sentences to pretrial detention take account of the accused’s social and economic circumstances • Take into account the culture and the economic and employment situation of indigenous persons when ordering precautionary measures • Adequately consider the customs and lifestyle of indigenous persons when these are tried in the ordinary justice system, guaranteeing respect for procedural safeguards, particularly their right to a defence and information on detention and their rights in their language, in accordance with the spirit of the Constitution • Prioritize the resolution of proceedings and avoid the suspension of hearings that involve persons in pretrial detention • Prioritize the application of alternative sentences, especially for persons in pretrial detention, provided this is appropriate and does not pose a threat to public security and the general interests of society and the victims 231. In resolving proceedings, take into account the high risk of vulnerability of women and the principle of the best interest of the child and broadly apply alternatives to deprivation of liberty, in keeping with the Tokyo Rules and the Bangkok Rules, including for offences related to Act No. 1008. 232. In cases involving minors in conflict with the law (aged between 16 and 18), give preference to the application of precautionary measures and alternatives to deprivation of liberty. 233. In cases in which the accused is suffering from a mental illness, severe mental disturbance or serious intellectual deficiency, automatically order expert medical, psychological and/psychiatric reports, in application of articles 79 and 80 of the Criminal Code and article 86 of the Code of Criminal Procedure, in the light of the Standard Minimum Rules for the Treatment of Prisoners, the Tokyo Rules and the Bangkok Rules. 234. The full version of the present report is available at the following link: http://www.mingobierno.gob.bo/index.php?r=page/detail&id=58. 38 GE.18-12244

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