COMMITTEE AGAINST TORTURE HEARS RESPONSE OF BOLIVIA

CAT
26th session
4 May 2001
Afternoon





Practice of Paroles and "Pardons” has
Reduced Prison Crowding, Delegation Says



The Committee against Torture this afternoon heard the response of the delegation of Bolivia to questions raised during the consideration of the initial report of that country on its efforts to implement the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The delegation of Bolivia said the concerns of the Committee that overcrowding of prisons were due to the delay in the administration of justice were justified. Individuals were in prisons for long period of time without charges being brought against them, the delegation said.

Further, the delegation said Bolivia acknowledged that human rights violations had taken place by elements belonging to the police and the army; however, through the dissemination of human rights teachings and the training of the police and members of the army, Bolivia had attempted to reduce incidents of human rights violations; last year alone, 2,000 members of the police and the army had been trained in human rights education.

The Committee will issue its concluding observations and recommendations at 3 p.m. on Wednesday, 8 May, in the presence of a representative of Bolivia.

As one of the 123 States parties to the Convention against Torture, Bolivia is obligated to present periodic reports to the Committee on how it is implementing the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Monday, 7 May, it will start its consideration of the second periodic report of the Czech Republic (CAT/C/38/Add.1).

Response of Bolivia

The delegation said that last year, social unrest had prompted the detention of a number of citizens who were later released. Concerning the situation of prisons, there had been delays in delivering justice and that situation had left many individuals in detention. There were detainees whose cases had not even been opened by a competent judge. At least 18 prisoners appeared every day before courts, which was not much compared to the number of prisoners.

Until 1994, free legal aid used to be accorded to accused persons, the delegation said. However, corruption on the part of legal defenders had changed the situation. Sometimes, one suspect used to have more than one lawyer and financial allocation was given to the defenders. Since then, a financial reform had been carried out.

Swiss cooperation for development had been providing free legal assistance for the accused, particularly in the rural areas where people were poor, the delegation said. The Ministry of Justice had introduced a bill in which 4 per cent of the judiciary budget went to legal defence. With the introduction of new mechanisms, Bolivia was trying to reduce the delay in the administration of justice. In addition, the use of parole among prisoners had reduced the number of inmates. About 2,000 prisoners had also benefited last year from "pardons" which were related to the religious practice of the Catholic Church.

The new criminal procedure code had regulated the principle of presumption of innocence, the delegation said. It also introduced the election of magistrates at district levels -- community justice -- who were essential in bringing down the number of prisoners. Such a communal justice system was also in line with indigenous peoples' desires and traditions. The new legal instrument also strengthened the principle that a person should not be arrested without any evidence.

One of Bolivia's scientists was recently murdered because of his comments against drug-trafficking, the delegation said. About 40 per cent of the production of coca leaves was consumed in Bolivia. However, there existed an underground economy over which the Government had no control. The coca leaves had been used traditionally to chew for spiritual reasons. At present, coca leaves for the purpose of export was produced on 98,000 hectares of land. The product was sent as far as France, Switzerland and other countries.

Bolivia acknowledged that human rights violations had taken place by elements belonging to the police and the army, the delegation said. It was difficult to monitor the actions of each policeman. However, through the dissemination of human rights teachings and the training of the police and members of the army, Bolivia had attempted to reduce incidents of human rights violations. Last year alone, 2,000 members of the police and the army had been trained in human rights education.

There were no sentences beyond 30 years, the delegation said. The Constitution had fixed the maximum period of imprisonment at 30 years. Recently, a draft bill had been produced with the aim of inflicting life imprisonment on the commission of certain severe crimes.

Bolivia was not imprisoning a person to separate or isolate him from the society, the delegation said. The idea behind keeping a person imprisoned should be establishing a process in which he or she would ultimately be reintegrated into the society. In the prison itself, prisoners were treated humanely and not in a manner that perpetuated their crimes.

Following the state of siege between 1995 to 2000, the Ombudsman had suggested that there would be no provisions in the legal framework of the country which restricted the freedom of citizens, the delegation said. During that period of siege, many Bolivians had suffered from prison and other ill-treatment. Those who had been arrested under the provision of the state of emergency had used the principle of “amparo” and had been released by courts.

A new bill was being introduced in the Chamber of Deputies with regard to a new approach to conditions in prisons, the delegation said. The new legislation would enable prisoners to engage in productive work inside and outside prisons. The money would be used to pay families of victims, in the case of ill-treatment, and the remaining would be used by the prisoners’ families. A certain amount of the money would also be saved for future use by the prisoner.

With regard to the "Christmas massacre", the delegation said that the Government had been looking for the culprits to punish them. An agreement had been reached between the State and the families of the victims on the payment of compensation. The Government had already paid compensation to the families of the victims. As regards the prosecution of the criminals, the Government was continuing its effort to find the perpetrators.

Following the responses, an Expert said that the fate of a number of forgotten prisoners in temporary prisons had not been mentioned by the delegation. It was hoped that the new office of the prosecutor general would resolve the problem.

The delegation said that since last year, the situation had changed and the process of justice had been speeded up with more cases being dealt with. "Better a guilty person walk free than an innocent suffering in prison", the delegation said.




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