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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