CAT/OP/BOL/3/Add.1
191. The recommendations emphasize aspects related to the situation of persons in
pretrial detention and consequent judicial delays and possible corruption, which are of
concern to the Public Prosecution Service and are reflected in the Strategic Institutional
Plan4 and the 10 Proposals for a Real Revolution in the Bolivian Justice System 5 and the
New Model of Prosecutorial Management, whose objectives include reducing judicial
delays in the work of prosecutors and reducing opportunities that could give rise to
corruption. The number of persons in pretrial detention is never used as an indicator or
mechanism for evaluating prosecutors; on the contrary, the following message has been
reiterated systematically: “The best prosecutor is not the one who issues the most charges
or who has the most people in pretrial detention, but the one who seeks alternative ways out
and solutions to resolve conflicts”.6
192. The Public Prosecution Service has recognized its institutional mission to be: “To
promote a criminal justice system that is restorative, plural, swift and timely and defend the
rights of society and victims, contributing to the construction of a culture of peace and a
constitutional State based on the rule of law”, and its institutional vision as: “To be
recognized as an institution serving society, characterized by its autonomy, independence,
reliability and technical and scientific responsiveness in public criminal action, the
protection of victims and the search for material and historical truth”. The Public
Prosecution Service has also identified principles that are substantive (related to its specific
functions and mandate) and managerial (through administrative and financial support) in
nature.
(1)
Substantive principles
193. The substantive principles on which the Public Prosecution Service’s work is based
are derived from the provisions of the institution’s Organic Act, as follows:
• Legality – Criminal conduct shall be prosecuted and subject to the provisions of the
Constitution, international treaties and conventions and laws
• Timeliness – Priority shall be given to finding a solution to criminal conflict,
refraining from criminal prosecution when legally permitted and there is no serious
risk to society, by applying alternatives to oral proceedings
• Objectivity – Circumstances that demonstrate the criminal responsibility of the
accused but also those that reduce or exempt them from responsibility shall be taken
into account when applying alternatives to oral proceedings
• Accountability – The officials of the Public Prosecution Service shall be responsible
for their actions in the exercise of their duties, in accordance with the Constitution
and laws
• Autonomy – The Public Prosecution Service is not answerable to any other State
organs in the exercise of its functions
• Unity and hierarchy – The Service is unified and indivisible throughout the territory
of the Plurinational State and exercises its functions through the prosecutors who
represent it with integrity and through coordinated action
• Promptness – The Public Prosecution Service shall exercise its functions in a swift
and timely manner and without delays
• Transparency – The Public Prosecution Service shall transmit information on the
investigation to the parties involved in criminal proceedings, besides applying
current regulations on transparency
4
5
6
http://www.fiscalia.gob.bo/webfiscalia/index.php/features/pei.
http://www.fiscalia.gob.bo/webfiscalia/attachments/article/376/10_porpuestas.pdf.
https://www.laestrelladeloriente.com/index.php?option=com_k2&view=item&id=21771:fiscalgarantizalibertad-de-prensa-y-anuncia-sanciones-si-se-violaron-derechos-de-quisbert&Itemid=721.
http://www.fiscalia.gob.bo/webfiscalia/index.php/noticias/731-arranca-en-santa-cruz-el-cursopresencial-para-lanueva-carrera-fiscal-del-ministerio-publico.
GE.18-12244
29
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