CAT/OP/BOL/3
persons with a different language, culture and world view from the rest of the population
and often reproduce patterns of discrimination. Moreover, custodial sentences are virtually
unknown in the indigenous justice system; hence the Subcommittee’s jurisprudence states
that “for many indigenous persons, imprisonment constitutes cruel, inhuman and degrading
treatment”.28
109. The Subcommittee is troubled by reports of excessive use of force and allegations of
torture in the context of social protests such as the march held to defend the Isiboro Sécure
National Park and Indigenous Territory in September 2011. The Subcommittee is also
concerned by the lack of progress in the Public Prosecution Service’s investigation into
related human rights violations, including torture.
110. The Subcommittee urges the State party to expedite the implementation of the
indigenous justice system in order to relieve pressure on the judicial and prison
systems and guarantee effective access to justice for all Bolivians. It also urges the
State party to strengthen the pluralistic justice system in accordance with the
Constitution.
111.
The Subcommittee recommends that the State party:
(a)
Ensure that due process rights are upheld, including, in particular, the
right of indigenous persons to a defence and to information concerning their detention
and their right to use their own language;
(b)
Take into account the culture and the economic and employment
situation of indigenous persons when ordering precautionary measures;
(c)
Conduct an independent and impartial investigation into allegations of
torture in the context of social protests while protecting witnesses and victims.
B.
Women
112. In the course of the Subcommittee’s visits to the Trinidad Women’s Prison in Beni,
San Sebastián Women’s Prison in Cochabamba and the women’s sections of Palmasola
Prison in Santa Cruz and San Roque Prison in Sucre, it heard reports of physical illtreatment by the police at the time of some detainees’ arrests. The Subcommittee regrets
that a medical examination is not conducted upon a detainee’s arrival, since this means that
physical abuse occurring prior to admission cannot be documented or investigated.
113.
The Subcommittee is concerned about:
(a)
The disproportionate impact of Act No. 1008, whose provisions are most
frequently applied to women. The Subcommittee was informed that the number of female
prisoners has multiplied in recent years;
(b)
The consequences of pretrial detention, which affects women
disproportionately because of its serious psychological impact on mothers with children in
their care. The Subcommittee was informed that, in La Paz, 78.2 per cent of female
prisoners are awaiting trial, which is a significantly higher figure than the percentage of
male prisoners in pretrial detention (70 per cent);
(c)
Prison records do not provide specific information on women deprived of
their liberty who are mothers, children who are living with their mothers in prison or
women prisoners who are pregnant or nursing babies;
(d)
The overnight confinement regime at the Trinidad Women’s Prison, which
applies even to women with children and does not permit them to visit the toilet or to access
emergency exits;
(e)
The lack of gynaecological care, especially for pregnant women, and the lack
of feminine hygiene products, which obliges women either to buy their own products or to
depend on the charity of fellow detainees.
28
GE.18-12272
CAT/C/50/2, párr. 93.
19
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