CAT/OP/BOL/3/Add.1
141. Article 7 (1) (f) and (2) (e), article 8 (2) (a) (ii) and article 55 of the Rome Statute
deal with the treatment and identification of torture as a criminal offence.
II. Recommendation made in paragraph 50
142. The Plurinational Public Defender Service has submitted report SPDP/DNDP/JDAG
No. 025/2017 (annex No. 2), in which it notes as follows.
143. Agreements have been concluded between the External Cooperation Agency and the
Swiss Agency for Development and Cooperation concerning a project for the
comprehensive strengthening of the Plurinational Public Defender Service and between the
Plurinational State of Bolivia and the Kingdom of Denmark concerning a country project
for the promotion of economic growth, sustainable management of natural resources and
the rule of law.
144. The Plurinational Public Defender Service, through the Ministry of Justice and
Institutional Transparency, as lead agency, is taking measures aimed at institutional
strengthening from a technical, financial, administrative and legal perspective, including
requesting an increased budget for the creation of new posts with a new salary scale, based
on a prior organizational and budgetary analysis of the institution. It has requested the
approval of salary increases and the creation of new posts and additional budgetary
resources to cover the administrative costs associated with consultancies provided through
international cooperation and to improve operating conditions in all offices across the
country.
145. In a technical and legal report dated 12 April 2017 on the historical and current
budgetary situation in respect of the provision of free legal defence services, with an
emphasis on the infrastructure and budgetary requirements that have a direct impact on the
qualitative and quantitative capacity to provide technical assistance to persons facing
criminal charges, Administrative Decision No. 036/2017 of 13 April was issued, in which it
is concluded that there is a need for institutional strengthening. The report provides the
relevant background information, together with the new salary scale and the proposal for
the creation of posts and additional budget required by the Plurinational Public Defender
Service.
146. In note MEFP/VPCF/DGPGP/USS/No. 0261/17 of 5 July, however, the Minister of
the Economy and Public Finances denied the request for additional resources. In order to
proceed with arrangements for the adoption of the new salary scale and staffing table, the
Ministry of Justice and Institutional Transparency issued Note MJTI-DESP-JG No.
108/2017, in response to which the Public Defender Service submitted the required
documentation to request the additional budget from the Ministry of the Economy and
Public Finances. To that end, Ministerial Decision No. 178/2017 is planned for the adoption
of the technical and legal reports (SEPDEP/DAF/JDAG SPDPALDP No. 028/17 and No.
062/2017, respectively) concerning the request for an increased annual budget, in order to
submit the documents in question to the Ministry of the Economy and Public Finances.
III. Recommendation made in paragraph 52
147. In the same report SPDP/DNDP/JDAG No. 025/2017, the Plurinational Public
Defender Service notes the following.
148. Through Instruction SEPDEP/DNDP/DSC No. 116/2017 of 26 September, the
National Directorate of the Plurinational Public Defender Service instructed the
departmental directors, public defenders and assistant defenders to create institutional user
registers in relation to incidents of torture and other cruel, inhuman or degrading
punishment, to identify possible complaints in establishments for adolescents in conflict
with the law and in any other institutions housing persons deprived of their liberty.
149. The Protocol for Public Defenders establishes mechanisms for responding to and
registering signs of physical or psychological violence identified in users of the service.
GE.18-12244
23
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents