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the Constitution shall be interpreted in accordance with the international human
rights treaties, whenever the provisions of the latter are more favourable.
11.
As may be gathered from the foregoing, the Constitution and the legislation (Acts
Nos. 2298 and 101) proscribe all acts or omissions that could amount to torture, which
means that such acts or omissions are absolutely and imperatively prohibited and their
perpetration is punishable by penalties commensurate with their nature as serious offences.
12.
In view of the above, it may be established that existing legislation provides for the
absolute and categorical prohibition of the torture and ill-treatment of persons deprived of
liberty and, therefore, that the prohibitions set out in paragraph 21 are duly enshrined in the
Bolivian legal order.
II. Observation made in paragraph 19 of section III Allegations
of torture and ill-treatment and impunity
13.
Report No. 119/2017 of 29 September 2017, signed by the National Director for
Prison Security, indicates that:
• When persons deprived of liberty enter a prison establishment for the first time, their
identity is registered, following which they are kept in a settlement area for
approximately 30 days and then assigned to a cell within a specific sector or block of
the prison establishment.
• In San Pedro de Chonchocoro Prison, all sectors’ and blocks’ doors are closed and
all activities outside the sectors or blocks are prohibited from 7 p.m. until 10.30 p.m.,
at which time members of the prison security personnel conduct a roll-call and check
the register of prisoners before proceeding to lock the cells.
• Each block or sector is guarded by a warder: a security official responsible for
opening, closing and supervising the doors allowing access to other sectors and
blocks. Warders are on duty 24 hours a day (in two shifts). With the security checks
described above and the measures taken to ensure that all cells are secure, it is
impossible to remove persons deprived of liberty at night (see annex III).
14.
With regard to the recommendation in paragraph 21 (b) of the report of the
Subcommittee on Prevention of Torture, it should be noted that:
• The implementation of a strategic policy for prison reform is currently under way,
comprising six priority objectives: (1) institutional strengthening; (2) national
coordination between the different levels of the State, including public-public and
public-private initiatives; (3) alternatives for reducing overcrowding; (4) the
development of infrastructure and equipment; (5) reintegration into society and
employment and gender-focused post-prison support; and (6) prison security (see
annex IV).
• All the above objectives, including prison security, are carried out in strict
compliance with article 51 of Act No. 2298, which regulates the composition of the
National Advisory Council for Prisons, with the following functions: (1) planning
and supervising prison administration policies, and (2) planning and supervising
prison and post-prison treatment policies. The implementation of the strategic policy
for prison reform is managed by the advisory councils, whose work is reflected in
advisory council records for 2016 and 2017 (see annex V).
• The National Directorate of Prison Security, that plays a fundamental role in the
national prison system, since 2015 has employed a Handbook on the Organization
and Functions of the National Directorate of Prison Security and the Prisons
Directorate, which was adopted through Administrative Decision No. 242/15 of 14
July 2015, issued by the National Police Command. The Handbook is designed to
provide a legal framework fostering effective and efficient work on the part of the
public officials of the Bolivian police force serving under the National Directorate of
Prison Security and the Prisons Directorate (see annex VI).
• Ministry of the Interior/Directorate General of Prisons Instruction MG-DGRP No.
008/2017, issued jointly with the National Directorate of Prison Security, prohibits
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