CAT/OP/BOL/3/Add.1
Organic Act on the Public Prosecution Service. The Disciplinary Directorate reports that 46
prosecutors were sanctioned in 2016 and 9 in 2017 (up to the third quarter).
229. It should be borne in mind that these figures refer to enforceable disciplinary
decisions (without pending appeals), which explains the low number of sanctions in 2017,
as several decisions handed down in first instance are pending appeal, as provided for in
article 128 of the Organic Act on the Public Prosecution Service.
230. Instructions FGE/RJGP No. 176/2017 set out specific measures related to the
responsibilities and functions of the Public Prosecution Service, instructing:
(1)
Departmental prosecutors:
(a)
To open prompt and impartial investigations ex officio whenever there
are reasonable grounds to believe that an act of torture or ill-treatment has been
committed by police officers and/or prison personnel and to establish the
responsibility of superior officials who instigate, encourage, consent to or acquiesce
in such acts;
(b)
To take the necessary measures to prioritize the resolution of
proceedings and avoid the suspension of hearings that involve persons in pretrial
detention;
(c)
To prioritize the application of alternative sentences for persons in
pretrial detention, provided these are appropriate and do not pose a threat to public
security and the general interests of society and the victims.
(2)
The Department of Prosecutorial Management, Monitoring and Evaluation:
to incorporate in the formulation of a criminal justice policy an approach that takes into
consideration both vulnerability and human rights, does away with the widespread use of
pretrial detention and favours restorative forms of justice.
(3)
The Directorate for the Protection of Victims, Witnesses and Members of the
Public Prosecution Service: to include in the formulation of the programme for the
protection of victims, witnesses and complainants, victims and witnesses of ill-treatment
and torture.
(4)
The Office of the Prosecutor for Crimes against Persons: to develop
guidelines for the application of the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol) within a period of two months.
(5)
The Institute of Forensic Investigation: within a period of two months, to take
the necessary action to bring forensic reports in line with the Istanbul Protocol and ensure
that possible cases of torture are documented.
(6)
The School for Prosecutors:
• To implement a training programme for prosecutors and prosecutorial and forensic
support staff of the Institute for Forensic Investigation on the Istanbul Protocol, the
Standard Minimum Rules for the Treatment of Prisoners, the United Nations
Standard Minimum Rules for Non-custodial Measures (Tokyo Rules) and the United
Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures
for Women Offenders (Bangkok Rules)
• To implement a training programme for prosecutors and prosecutorial support staff
on the correct application and interpretation of regulations on alternatives to pretrial
detention
(7)
The Information Technology Unit in coordination with the Department of
Prosecutorial Management, Monitoring and Evaluation: To establish a reliable
computerized alert system to monitor the duration of pretrial detention; to improve records
containing information on vulnerable groups, including women.
GE.18-12244
37
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