A/68/44
The State party should:
(a)
Take the necessary steps to support the work of the Ombudsman’s
Office in detention centres and to ensure that its recommendations are given full
effect;
(b)
Build NGO oversight capacity and take the necessary steps to enable
NGOs to visit places of detention regularly.
The Optional Protocol and a national preventive mechanism
(21) The Committee regrets that the State party has not yet established a national
mechanism for the prevention of torture as provided for by the Optional Protocol to the
Convention. It takes note of the fact that the delegation has informed it that the Ministry of
Justice has prepared a new draft bill that would designate the Ombudsman’s Office as the
national preventive mechanism. The Committee also notes, however, that the text of that
draft bill does not define the terms of reference or the areas of authority of the mechanism,
provides that the corresponding regulations are to be established by the Ombudsman’s
Office and, with respect to the mechanism’s financial autonomy, simply says that “the
Ministry of Economic Affairs and Public Finance shall allocate the necessary resources …
within the available resources” (art. 2).
The Committee urges the State party to complete the process of establishing or
designating the national preventive mechanism in accordance with the Optional
Protocol to the Convention and in keeping with the Guidelines on National Preventive
Mechanisms (CAT/OP/12/5, paras. 7, 8 and 16). The State party should ensure that
the national preventive mechanism is endowed with sufficient resources to do its work
effectively on a fully independent basis.
The Committee encourages the State party to authorize the publication of the report
on the visit to Bolivia made by members of the Subcommittee against Torture in 2008,
along with the Bolivian authorities’ response to the Subcommittee’s
recommendations, dated 27 October 2011.
Training
(22) While taking note of the special module devoted to the Convention that has been
included in training programmes for the armed forces, the Committee is concerned by the
fact that the instructional programmes for police officers do not include training that deals
specifically with the provisions of the Convention. Nor does the training provided to
judges, prosecutors and medical personnel who work with prisoners specifically cover
methods of improving the detection and documentation of the physical and psychological
after-effects of torture (art. 10).
The State party should:
(a)
Revise its training programmes in order to ensure that law enforcement
officers and prison staff are fully aware of the provisions of the Convention, that
violations of the Convention are not tolerated and are investigated, and that the
persons committing such violations are brought to justice;
(b)
Ensure that training programmes for judges, prosecutors, forensic
physicians and other medical personnel who work with prisoners specifically cover
the Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol);
(c)
Develop and apply a methodology for evaluating the effectiveness of
training programmes in reducing the number of cases of torture and ill-treatment.
102
GE.13-46043
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