CAT/OP/BOL/3/Add.1
violent acts carried out under the pretence of “baptizing” new prisoners (see annex
VII).
• Ministry of the Interior/Directorate-General of Prisons Instruction MG-DGRP No.
014/2017 was issued for the attention of all departmental prison directors and the
directors of individual prisons throughout the country. The Instruction provides that
disciplinary sanctions may be imposed exclusively by prison directors, subject to the
provisions of articles 122 and 123 of Act No. 2298 on prison directors’ compliance
with their functions regarding the imposition of disciplinary sanctions (see annex
VIII).
15.
Articles 122 and 123 of Act No. 2298 provide that the prison director shall have the
power to impose sanctions and to suspend, terminate or replace them with more lenient
sanctions, depending on the circumstances of the case, but may not delegate those tasks to
subordinate officials. They also provide that sanctions shall be imposed by means of a
reasoned decision, following a hearing in which the accusation is presented and the alleged
offender is given the opportunity to present his or her defence.
16.
This makes it clear that under Bolivian legislation (arts. 122 and 123 of Act No.
2298) all sanctions must be imposed by prison directors, who are public officials.
Nevertheless, with a view not only to ensuring compliance with the current legal order, but
also to making prison policy clear and comprehensive, Ministry of the Interior/Directorate
General of Prisons Instruction MG-DGRP No. 014/2017 was issued, leaving no room for
doubt as to the authority that should apply sanctions.
III. Observation made in paragraph 20 of section III Allegations
of torture and ill-treatment and impunity
17.
Pursuant to article 48 (8) of Act No. 2298, the Directorate-General of Prisons, in
cooperation with departmental directorates, conducts periodic inspections of all prisons
throughout the country.
18.
However, in response to the specific recommendation of the Subcommittee on
Prevention of Torture and as a matter of urgency, the Directorate-General of Prisons and
the National Directorate of Prison Security issued Ministry of the Interior/DirectorateGeneral of Prisons Instruction MGDGRP No. 026/2017, which ordered all departmental
prison directors and the directors of individual prisons to: (1) immediately close all cells
known as “punishment cells, cages, holes, dungeons and others”; and (2) renovate
individual or special cells used for the enforcement of disciplinary sanctions, in accordance
with Act No. 2298, ensuring the appropriate minimum health conditions (see annex IX).
19.
Without prejudice to the periodic inspections mentioned above, the DirectorateGeneral of Prisons issued Ministry of the Interior/Directorate General of Prisons Instruction
MG-DGRP No. 027/2017 instructing departmental prison directors to coordinate measures
with a view to the strict implementation of article 54 (1) of Act No. 2298, which reads:
“Periodically inspect all prisons in the department in order to verify that they are operating
correctly” (see annex X).
20.
The budget of the Directorate-General of Prisons will include the economic
resources necessary for the required audits in the medium- and short-term, depending on
the resources available in the National Treasury, on the assumption that the conduct of this
activity is a matter of necessity.
IV. Observations made in paragraphs 22 and 23 of section III
Allegations of torture and ill-treatment and impunity
21.
Article 105 of Act No. 2298 provides that persons deprived of their liberty are able
to file reports or complaints through their lawyers at any time, since visiting hours are not
restricted for lawyers and the documentation and information they receive from their clients
8
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