A/68/44
information, the Committee finds itself unable to evaluate the actions of the State party in
the light of article 12 of the Convention (arts. 2, 12 and 16).
The State party should:
(a)
Ensure that all reports of torture or ill-treatment are investigated
promptly and impartially;
(b)
Promptly undertake a thorough, effective investigation on its own
initiative whenever there are reasonable grounds to believe that an act of torture or
ill-treatment has been committed;
(c)
Ensure that persons suspected of having committed acts of torture or illtreatment are suspended from their duties immediately and remain so throughout the
investigation, particularly if there is any risk that they might otherwise be in a
position to repeat the alleged act or interfere with the investigation;
(d)
Prosecute persons suspected of having committed torture or illtreatment and, if they are found guilty, ensure that they receive sentences that are
commensurate with the gravity of their acts and that their victims are afforded
appropriate redress. The State party should provide up-to-date statistics in this
respect.
The Committee recommends that the State party ensure that acts of torture are not
subject to any statute of limitations.
Military jurisdiction
(12) The Committee applauds the Plurinational Constitutional Court’s decision (Decision
No. 2540/2012 of 21 December 2012) to resolve the jurisdictional dispute regarding the
case of Second Lieutenant Grover Beto Poma Guanto by referring that case to a civilian
court. The Committee notes, however, that, in its decision, the Court urged the Plurinational
Legislative Assembly to amend the military penal provisions set forth in Decree-Law No.
13321 of 22 January 1976 so that they would be compliant with the Constitution and with
international human rights treaties under which the State party has an obligation to ensure
that military courts do not have jurisdiction over cases involving human rights violations
(art. 2, paras. 1 and 3, and arts. 12, 13 and 16).
The Committee urges the State party to amend its Military Criminal Code, Code of
Military Criminal Procedure and the Military Justice Organization Act in order to
establish that military courts do not have jurisdiction over cases involving human
rights violations, including acts of torture and ill-treatment committed by members of
the armed forces.
The State party should ensure that the conduct of members of the armed forces who
are suspected of having committed acts of ill-treatment or torture against military
personnel is thoroughly investigated, that persons suspected of committing such acts
are tried in civilian courts and that, if found guilty, they are punished appropriately.
Efforts to combat impunity and to provide redress for past human rights violations
(13) The Committee takes note with interest of the existence of a draft bill concerning the
establishment of a truth and justice commission to investigate human rights violations
committed in Bolivia in the period 1964–1982. It takes note with concern, however, of the
delays and scant progress made in investigating serious human rights violations committed
during the period when the country was under military rule (1964–1982) and in prosecuting
the persons responsible for them. The Committee is also concerned that, despite the
establishment of the Inter-Agency Council of Inquiry on Enforced Disappearances in 2003,
the whereabouts of many of the people who disappeared between 1980 and 1982 remain
GE.13-46043
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