NATIONAL REPORT 2016
The situation for
victims of torture and
ill-treatment
The most frequent effects of torture and ill-treatment on
victims is a feeling of powerlessness and defencelessness in
the face of the arbitrary use of power. The issue of survival
becomes acute. Victims who come from poor socioeconomic
backgrounds cannot afford an attorney. Even if a lawyer dares
file a claim against the perpetrators of torture, he risks being
threatened by the State. For instance, the Guaraní communities in Alto Parapeti10 who lived in conditions of slavery
and were tortured when they fought for their liberation in
2008, gave up their claim against their ex-landowners due
to threats, delays and insufficient financial resources.
The victims ITEI documents in prisons seldom have the strength
to fully carry out a complaint against perpetrators. However,
for many victims just being able to discuss their ordeal to
someone willing to listen is an important rehabilitative step.
The medical and psychotherapeutic documentation that ITEI
provides offers the victims an element of security in a context
of arbitrariness and silence of what are happening to them. The
ability to speak about what they have lived through gives them
a sense of empowerment and to better confront their situation.
One of the aims of the Coalition is to encourage and support
more victims to denounce and complain against perpetrators
of torture. The psychological evaluation in the Istanbul
Protocol11 can have a significant rehabilitative value as a
therapeutic tool on the victim of torture. This is particularly
the case when the victim of torture accuses their perpetrator and the victim is able to personally articulate the
detrimental impact of torture on their daily lives. For people
who feel vulnerable, but have not given up and have some
confidence to speak with a professional, a psychotherapist
who respects their confidentiality is a significant step in
their road to rehabilitation.
In cases of torture in detention, the primary problem is
generally a financial one. Detainees lose what little money they
have to fund a lawyer. Finding a lawyer who will diligently and
competently take up human rights cases is extremely difficult
in Bolivia. While the law requires doctors in prisons to examine
inmates at arrival and departure from the facilities, in practice,
the right to medical examination is not guaranteed.
Examinations following torture allegations are not always
immediate. Furthermore, they are performed by the Institute
of Forensic Investigations (Instituto de Investigaciones Forenses
– IDIF), which is subordinate to the Ministry of Justice and therefore lacks the required independence. Due to the shortages of
funding, the IDIF requires the victims to cover the costs of their
medical examinations. Most forensic doctors and medico-legal
professionals claim to know the Istanbul Protocol but fail to
apply it. There is no system to monitor or evaluate the quality
and effectiveness of these medical examinations.
Informational posters on the ocassion of the UN International Day in Support of
Torture Victims, 26 June.
© courtesy of ITEI
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