CAT/OP/BOL/3/Add.1 I. Observation made in paragraph 17 of section III Allegations of torture and ill-treatment and impunity 8. In accordance with the terms of article 15.I of the Constitution, which governs the rights of persons, as well as articles 48 and 50 of Sentence Enforcement and Supervision Act No. 2298 (Act No. 2298), the Directorate-General of Prisons (which reports to the Ministry of the Interior) and the National Directorate of Prison Security (which reports to the National Police Command) issued Instruction MGDGRP No. 025/2017 of 20 September 2017, a legal and administrative instrument that adequately ensures compliance with the recommendation set out in paragraph 21 of the report of the Subcommittee on Prevention of Torture. In categorical terms, this instruction informs departmental prison directors and the directors of individual prisons that all acts or omissions that constitute torture or maltreatment are absolutely prohibited (see annex I-A). 9. The National Directorate of Prison Security, acting under article 50 of Act No. 2298, issued General Memorandum No. 144/2017 of 22 September 2017 informing all prison directors of their obligation to instruct the security officials under their command that, in the course of prison security operations, the treatment of prison inmates must be guided by respect for human rights and that all cruel or inhuman treatment is prohibited, in accordance with article 5 of the Universal Declaration of Human Rights (see annex I-B). 10. It should be noted that Bolivian legislation contains provisions governing the prohibitions set out in paragraph 21 of the report of the Subcommittee on Prevention of Torture, specifically: • Paragraph I of article 15 of the Constitution provides that everyone has the right to life and to physical, psychological and sexual integrity, and that no one shall be tortured or subjected to cruel, inhuman, degrading or humiliating treatment. • Articles 73 and 74 of the Constitution provide that all persons subjected to any form of deprivation of liberty shall be treated with due respect for human dignity and that their rights, such as the right to communicate freely with their lawyer, interpreter, family members and friends, shall be protected. • The constitutional provisions cited above also provide that it is the responsibility of the State to reintegrate persons deprived of liberty into society, to respect their rights and to ensure that their detention and custody take place in an adequate environment, in accordance with the category, nature, and seriousness of the offence as well as the age and sex of the detainee. • Lastly, they provide that persons deprived of liberty shall have the opportunity to work and study in prisons. • Article 5 of Act No. 2298 provides that in prisons respect for human dignity, constitutional guarantees and human rights shall prevail, and that all cruel, inhuman or degrading treatment is prohibited. It also provides that anyone who orders, engages in or tolerates such treatment shall be liable to the penalties set out in the Criminal Code, without prejudice to other applicable penalties. • Article 14 (5) (Serious misconduct entailing discharge or dismissal) of Act No. 101 of 4 April 2011, which regulates the disciplinary regime of the Bolivian police, defines serious misconduct and provides that prison security personnel guilty of serious misconduct face discharge and dismissal: “Article 14 (Serious misconduct entailing discharge or dismissal). The forms of serious misconduct punishable by discharge or dismissal from the institution without the right to be reinstated, without prejudice to criminal prosecution, if applicable, are […] 5. Engaging in inhuman, cruel or degrading treatment, acts of torture, or violations of human rights.” (see annex II). • Lastly, paragraphs I and II of article 256 of the Constitution provide that any international human rights treaties and instruments signed, ratified or acceded to by the Bolivian State that confer more favourable rights than those contained in the Constitution shall take precedence over the latter, and that the rights recognized by 6 GE.18-12244