NATIONAL REPORT 2016
In Bolivia, the presumption of innocence does not exist in
practice, even though it is guaranteed by the law. An arrested citizen is liable to suffer from torture and ill-treatment
in large part due to the investigative inability and incompetence of the police and judiciary, who are obsessed with
finding culprits at all costs. Indeed, the police and judiciary
operate under the mantra of “if the person is innocent, bad
luck.” This is illustrative of a worrying reality in Bolivia,
namely, the ubiquity of torture throughout Bolivian society
making it trivial in the eyes of many, but at the same time
continuously denied by the State.
“From the 2557 cases, women were
affected in 1142 cases and children or
teenagers in 601 cases.”
— The Ombudsman
In 2014, the Office of the Ombudsman registered a total
of 2557 cases in which the right to personal integrity was
violated. These cases covered crimes of torture and ill-treatment and other forms of violation of personal integrity. The
Ombudsman stated that “this is the highest number during
the administration and exceeds the reported 1222 cases
in 2013, by more than 100 percent. From the 2557 cases,
women were affected in 1142 cases and children or teenagers in 601 cases. This law is becoming one of the four most
violated during my administration.”9
The figures presented by the Office of the Ombudsman are
important indicators of the current human rights violations
in Bolivia. The statistics, however, does not disaggregate
the cases classified as torture and ill-treatment and cases
that fall under cruel, inhuman or degrading treatment or
punishment. Moreover, it must be noted that these are the
reported cases brought to the attention of the Ombudsman. ITEI and the Permanent Human Rights Assembly have
documented many more cases that are not registered at
the Office of the Ombudsman. With the help of the Coalition
against Torture and the collaboration with the DFI database,
ITEI will operationalise the use of accurate data to present
more cases of torture and ill-treatment in 2016.
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At the moment the Coalition is supporting the case of Juan
Bascopé who is a beekeeper and leader of a peasant movement from Mapiri. Juan was arrested on 17 July 2014 as the
prime suspect in the ‘Apolo Case’ where three police officers
and a doctor were killed in the community of Miraflores in
Apolo. Upon his arrest, Juan was tortured and ill-treated
for a period of three days and was brought before a judge
on 20 July 2014, a mere three days after his initial arrest,
and sentenced for the murders of three police officers and
the doctor. He remains in prison but has filed a complaint
of torture. He was provided with a medical examination
by a prison doctor who, despite the visible contusions,
dismissed the allegations of torture. Juan is represented
by lawyers from Derechos en Accion, supported by the
Coalition, and is waiting for the judge to formally close the
case of his complaint so the case can be brought before the
Inter-American Court of Human Rights. In 2015, Amnesty
International publicly condemned the Bolivian authorities’
treatment of Juan Bascopé and wrote to the Attorney-General of the State, Ramiro Guerrero, asking what steps are
taken to progress in the investigation but did not receive a
response. In March 2016, Amnesty International publically
requested information from the Bolivian government about
the acts of torture against Juan Bascopé.
Furthermore, on 24 May 2008, a movement of citizens and
students coordinated by the Inter-institutional Committee of
Sucre, under the leadership of the Rector of the University,
violently repressed the peasants of the indigenous Quechua
population in Sucre, who went to La Paz to receive
ambulances from the Office of the President. ITEI, with the
help of UN funding, provided rehabilitation to the affected
communities and produced a publication titled “De la
Humillación a la Denuncia”, concerning the psychological
and physical seque-lae, which was used in the judgement
against the perpetra-tors. Again, no help or assistance came
from the govern-ment. In March 2016, 13 of the 14 accused
perpetrators were sentenced to six years of prison for being
responsible for the aggression and humiliation of hundreds
of indigenous people. Reparations have not yet been
decided.