COMMITTEE AGAINST TORTURE CONSIDERS INITIAL REPORT OF BOLIVIA

CAT
26th session
3 May 2001
Morning







Lengthy Pre-Trial Detention Affects Many
People Because of Corruption
in Administration of Justice, Experts Say



The Committee against Torture this morning started its consideration of an initial report of Bolivia by hearing a Government delegation say that Bolivia had been a victim of an economic crisis which had affected its social order.

Introducing his country's report, Luis Eduardo Serrate Cespedes, Vice Minister of Justice for Human Rights, said that Bolivia was in a serious economic crisis and it had been a victim of the global economy; as a result, social problems persisted.

Alejandro Gonzalez Poblete, the Committee member who served as rapporteur to the report of Bolivia, said that according to the recent report of the Bolivian Ombudsman, among the prison population, 67 per cent were inmates awaiting judgement. It was also indicated that the administration of justice had been obstructed by corruption, which had prompted delays in the judgment of suspects.

Mr. Poblete further said that the mal-administration of justice was considered to be one of the causes for the continued violation of human rights; and individuals were detained inappropriately and kept under judicial deposition and without any charge brought against them. Those who suffered were the poor who had no legal assistance. In addition, there was no special food for pregnant women and women who gave birth in the prisons; and the general health conditions in the prisons gave rise to concern.

Other Committee members, including the co-rapporteur Antonio Silva Henriques Gaspar, also raised a number of questions on issues such as persecution of human rights defenders; treatment of women; corruption in the administration of justice; lengthy pre-trial detention; and lack of appropriate mechanisms for lodging complaints against the police, among other things.

The Bolivian delegation is also made up of Florencia Ballivian de Romero, Permanent Representative of Bolivia to the United Nations Office at Geneva; and Pedro Gumucio Dagron, Minister Counsellor at the Permanent Mission of Bolivia in Geneva.

Bolivia is among the 123 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and as such it must provide the Committee with periodic reports on its performance with the view to implement the provisions of the treaty.

The members of the Bolivian delegation will return to the Committee at 3 p.m. on Friday, 4 May to deliver their response to the Committee.

When the Committee reconvenes at 3 p.m., it will hear the response of Greece to questions raised on its report yesterday.

Report of Bolivia

The initial report of Bolivia (document CAT/C/52/Add.1) provides information in relation to each of the articles of the Convention on how they are reflected in the country's legislative provisions. It says that Bolivia has expressed the political will to strengthen the institutions embodying the rule of law and democratic system with the creation of a number of institutions. The Constitution asserted that any kind of torture, coercion, extortion or other form of physical or moral violence is prohibited, under penalty of immediate removal from office and without prejudice to the sanctions that may be incurred by anyone who applies, orders, instigates or consents to them. The penalties of infamy and civil execution are prohibited; murder and treason are punishable by 30 years imprisonment, without the right to pardon.

With regard to the prohibited methods of obtaining statements, the report says that in no event shall the accused be placed under oath, nor be subjected to any form of coercion, threat or promise, nor shall any means be used to oblige, induce or instigate him or her to make a statement against his or her will; nor shall any charges be brought against him or her to obtain a confession. Any statement made by the accused containing a confession of the offence which is not made in the presence of either the prosecutor or defence counsel shall be considered null and void and may not be used in court.

Further, the report says that the penal code was amended to confirm that "any official who harasses a detainee or allows him to be harassed shall be punished with imprisonment for between six months and two years". If the official inflicts any kind of suffering or torture on the detainee, the penalty shall be increased to up to four years of imprisonment; if the torture causes injuries, the penalty shall be imprisonment for between two and six years; if it causes death, the penalty shall be 10 years rigorous imprisonment.

The report notes that Bolivia respects its international commitments in the field of human rights, at both universal and regional levels. The Universal Declaration and the American Declaration are binding on Bolivia's legislation, which affirms that every human being has the right to life, liberty and the security of his person.

According to the report, the Bolivian Constitution recognizes that no one may be detained, arrested or imprisoned except in accordance with the procedures established by law; a person may not be held incommunicado except in manifestly serious cases and never for more than 24 hours; an accused person is presumed innocent until his guilt has been proved; the right of defence of the person on trial is inviolable; and from the moment of his detention or imprisonment a person held has the right to be assisted by a defence lawyer. In addition, no person should be sentenced without first having been heard and judged in a legal trial; and no organization or person may intercept private conversations or communications by means of a lisrening device.


Introduction of Bolivian Report

LUIS EDUARDO SERRATE CESPEDES, Vice Minister of Justice for Human Rights of Bolivia, said that the country was in a serious economic crisis and had been a victim of the global economy. As a result, social problems had persisted.

ALEJANDRO GONZALEZ POBLETE, Rapporteur to the report of Bolivia, said that Bolivia had not submitted its declaration under articles 21 and 22 of the Convention against Torture. It was difficult to understand the position of Bolivia because of the fact that it had submitted this declaration under the Inter-American Convention against Torture. The Government was still expected to submit its declaration with regard to articles 21 and 22 of the Convention.

Information was not coming according to the guidelines concerning cases of complaints, Mr. Poblete said. The report of the Ombudsman did not contain satisfactory information on the extent of the complaints addressed to it. The report, however, contained information on the complaints which comprised physical and moral ill-treatment. The report should have presented a breakdown of the complaints.

The general requirement of the guidelines that a State had to assess that the measures applied under the provisions of the Convention had been met with difficulties was not indicated, Mr. Poblete said. The State had the duty to bring to light the difficulties which had hampered the full implementation of the provisions of the treaty. In addition, the lack of advisory assistance and international cooperation might be among the factors impeding the full implementation of the Convention.

According to the recent report of the Ombudsman, among the prison population, 67 per cent were inmates awaiting judgement. It was also indicated that the administration of justice had been obstructed by corruption, which had prompted delay in the judgment of suspects. The mal-administration of justice was considered to be one of the causes for the continued violation of human rights. Individuals were detained inappropriately and kept under judicial deposition and without any charge brought against them. They should have been detained under pre-trial or courts decisions. Those who suffered were the poor who had no legal assistance. In addition, there was no special food for pregnant and women who gave birth in the prisons. The general health conditions in the prisons gave rise to concern.

The social defence bodies, which were not under the authority of the procurator general, were operating outside the law. The combat against drug-trafficking and cocoa plantations had led to the violation of human rights of peasants. The maximum penalty for committing torture was not severe and the implementation of the sentence had been hampered in some situations because of economic reasons.


Reports of allegations of excessive use of force by the law enforcing agents had been received by the Committee. In the areas where peasants still growed coca plantation, violations of human rights continued. The abuse of power had not been brought to justice, thus impunity remained a factor for concern. The number of shortcomings had been acknowledged by the Government of Bolivia. Abuse of authority in many demonstrations had been observed.

If the right to access to defence counsel was guaranteed, was incommunicado detention necessary? The new criminal code obliged the police to record the time and place of detention of the individual. It was also important that the habeas corpus decisions were reinforced in the penal code.

The implementation of article 11 of the Convention, which required the systematic review of interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, was lacking, Mr. Poblete said. Also, the report did not contain information on the training and re-education of police or those involved in the process of interrogation.

The report had indicated the establishment of a compensation fund in order to provide compensation for the relatives of persons who had died or survivors who were injured by acts of State officials. Mr. Poblete asked what type of liability did the officials have? Could a surviving victim of torture directly address demands for compensation before the perpetrators were tried? Was compensation paid out for moral damage?

Cases of intimidation and even kidnapping of human rights defenders had been widespread in Bolivia. The State should react by taking measures to tackle the problem.

ANTONIO SILVA HENRIQUES GASPAR, Co-Rapporteur to the report of Bolivia, wanted to know if there was a constitutional provision which enabled the visit by any authority to prison facilities. The existence of a rule could also be helpful to police in the case of complaints against them. There had been cultural difficulties in providing training to the police and to comply by the provisions of the Convention.

The human rights defenders were doing a lot in promoting and protecting human rights. However, information brought to the attention of the authorities was not heeded to. There was a de facto dominance of the police which hampered the elucidation of some complaints. If a complaint was brought against a policeman and if that policeman was not suspended, his continued presence might compromise any investigation against him. The lengthy pre-trial detention was a cause for concern.

Other Committee members also raised questions. An Expert said that Bolivia was not among those counties which contributed to the Voluntary Fund for Compensation for Victims of Torture. Article 10 of the Convention, which urged the State party to ensure that education and information regarding the prohibition against torture were fully included in the training of law enforcement personnel who might be involved in the custody or interrogation of any individual, should be implemented by Bolivia.

Another Expert said that the legal provision on sexual abuse in the legal system of Bolivia might result in the abuse of women. Prepared marriages and the traditional practice that a man marry his rape victim was a violation of the right of women. The criminal liability of the violator was reduced to impunity under that legal framework. In addition, the Expert asked if the practice of communal justice existed in Bolivia. Communal justice allowed the whipping, beating and hair-cutting of a women if she allegedly committed adultery.

Article 3 of the Convention prohibited that a State party should expel, return or extradite a person to another State where there was substantial grounds for believing that he would be in danger of being subjected to torture, a Committee member said. The Expert asked the practice of Bolivia with regard to that situation.

An Expert said that incommunicado detention was inconsistent with the provisions of the Convention; the report indicated that incommunicado detention was limited to 24 hours, but within that period torture could take place. In addition, police officers against whom cases of ill-treatment were lodged were not immediately suspended. Was there a consistent record-keeping of detention?

In a brief response, the delegation of Bolivia said that the new penal code would be a model for the Latin American region, and more legal instruments would be enacted in the coming weeks. In order that Bolivia realize the full implementation of its legal instruments, it needed the cooperation of the international community, the delegation added.


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