A/68/44
encountered in its efforts to give effect to the Committee’s earlier recommendation that a
national public register of persons deprived of their liberty be established that indicates the
authority which ordered such deprivation, the grounds for doing so and the type of
proceedings to be instituted (A/56/44, para. 97 (c)). The Committee is concerned by the fact
that article 296 of the Code of Criminal Procedure requires police officers to enter no more
than the place, date and time of arrest in the register (art. 2).
The State party should:
(a)
Take effective steps to ensure that persons who are arrested actually
have the benefit of all fundamental legal safeguards from the very outset of their
detention. These safeguards include the right to be informed of the reasons for the
arrest, access to a lawyer, the right to contact family members or other persons of the
detainee’s choice and the right to have an independent medical exam performed
without delay. The Committee encourages the State party to continue its efforts to
expand and improve the coverage of the National Public Defence Service
(SENADEP);
(b)
Carry out monitoring and inspections on a systematic basis in order to
ensure fulfilment of the obligation to duly record the information regarding each
arrest that is outlined in the Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment (General Assembly resolution 43/173 of 9
December 1988).
Complaints of torture and ill-treatment
(10) Information provided by the State party indicates that the Bolivian police force dealt
with 42 individual cases (28 involving men and 14 involving women) of ill-treatment or
torture (article 295 of the Criminal Code) between 2001 and 2012, while the Attorney
General’s Office registered 36 reports (31 involving men and 5 involving women) between
March 2006 and February 2013. The Directorate-General of Prisons registered just four
individual cases of torture or ill-treatment involving male juveniles at the rehabilitation
centre in Qaluama, Viacha, during the reporting period. These figures differ from those
provided by the Ombudsman’s Office, whose report to the Committee states that it dealt
with a total of 3,784 complaints of torture or ill-treatment between 2007 and 2012 and
issued 91 decisions in that connection (arts. 2, 12, 13, 16).
The State party should establish a special independent complaints mechanism for
receiving reports of torture and ill-treatment so that such reports can be dealt with
swiftly and impartially. It should also examine the internal complaints system
available to persons deprived of their liberty in order to determine how effective it is.
The Committee reiterates its earlier recommendation (para. 97 (e)) to the effect that
the State party should set up a centralized public register of complaints of torture that
includes information on the corresponding investigations, trials and criminal or
disciplinary penalties imposed.
Investigations and legal proceedings
(11) The Committee is concerned by the delays that have occurred in the criminal
investigation and prosecution of most of the individual cases of ill-treatment, torture,
excessive use of force and death in custody that were drawn to the State party’s attention in
the list of issues (CAT/C/BOL/Q/2/Add.1, paras. 22 and 27). The Committee shares the
concern of the Ombudsman’s Office about the possibility that the prosecution of some of
these crimes might be time-barred. The Committee also regrets that it has not received
detailed information on the outcome of the investigations, on related legal or disciplinary
proceedings or on the sentences or disciplinary penalties imposed on persons who
committed acts of torture during the period covered by the report. In the absence of this
96
GE.13-46043
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents