NATIONAL REPORT 2016
The right to
rehabilitation
The Penal Code contains some provisions for reparations to
victims of judicial error, but there is no specific mention of
victims of torture. The Penal Code further includes victims
of torture into the provisions for the rehabilitation of the
innocent and convicted by a miscarriage of justice. However,
these do not specifically focus on the needs of torture
victims and are generally not implemented.
A reparations programme, including compensation and rehabilitation, has been created for victims from torture during the
dictatorships. However, recognition of victims has been very
restrictive, reparations provided have been limited to financial
compensations and very little of this has actually been paid out.
ITEI is the only institution
specialised in providing
holistic rehabilitation services,
primarily psychological and
medical rehabilitation.
For victims of more recent abuse, there are no programmes
or services provided by the government and there are no
initiatives to train the relevant professional groups in how to
deliver adequate services to torture victims. This increases
victims’ mistrust in the Government, which discourages them
from seeking support. ITEI is the only institution specialised
in providing holistic rehabilitation services, primarily psychological and medical rehabilitation. For example, the victims in
the Guarani communities in Alto Parapetin 2008 mentioned
above received no rehabilitation support from the State. ITEI
worked in the Guarani communities rehabilitating the victims
for three years. After the massacre against peasants in the
Department of Pando in September 2008, the government
provided early medical interventions by transporting people
to La Paz to protect them from more violence, but there was
no effort to investigate the crimes. Again, it was ITEI who went
to the affected communities to engage in rehabilitation work.
ITEI has one office in La Paz consisting of one physician and
three psychologists. Due to capacity issues, the services
provided by ITEI are insufficient to meet the large demand
and all the needs of torture victims across the country. While
ITEI’s office in Cochabamba closed in 2015 due to funding
constraints, ITEI still seek to intervene in other cities and
regions affected by torture, including El Alto, Chuquisaca
departments, Pando, Oruro, in the region of Alto Parapetí
(department of Santa Cruz). ITEI receives funding from the
UN Voluntary Fund for Victims of Torture, the OAK Foundation, the La Luz Fund and the European Association of
Sustain ITEI (AESITEI).
There are no public figures on the numbers of psychologists
and psychiatrists in the country but in most mental health
professionals are based in the cities where there are universities. In the countryside and rural areas of Departments of
Chuquisaca, Pando and Santa Cruz, where ITEI works with
victims there are no mental health professionals. ITEI has
provided a programme of adult education on mental health
in two of these regions with a particular emphasis on the
issue of confidentiality. In Pando, nurses at the public
hospitals and health centres joined the education. ITEI takes
strong precaution and preventative measures to ensure the
confidentiality, safety and security of the ITEI’s clients and
their families.
Access to ITEI’s services depends on the circumstances of the
individual person, their family or community. In some cases,
ITEI is able to provide financial support in order for the victim
to reach the services. The time it takes for victims to access
ITEI’s services also depends on where they live or where the
torture and ill-treatment took place. For victims in or near La
Paz, ITEI is able to intervene promptly but for victims beyond
it largely depends on capacity and available funding.
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