CAT/OP/BOL/3
I. Introduction
1.
Pursuant to the Optional Protocol to the Convention against Torture, the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment undertook its second visit to the Plurinational State of Bolivia from 2 to 11
May 2017.1 The Subcommittee held meetings with senior State officials, indigenous leaders
and representatives of the United Nations and of civil society. 2 The Subcommittee visited a
total of 23 places of deprivation of liberty in La Paz, El Alto, Cochabamba, Santa Cruz,
Sucre and Trinidad.
2.
In general, the Subcommittee observed a readiness to facilitate the visit. The
Subcommittee had swift access to places of deprivation of liberty, and the liaison officers
cooperated with the Subcommittee in an effective manner.
3.
However, the Subcommittee encountered obstacles when it attempted to gain access
to medical records in the San Juan de Dios Psychiatric Hospital in Sucre. In Mocoví Prison,
the Subcommittee was unable to speak in private with persons deprived of their liberty —
an essential part of its mandate — because of the prison staff’s inaction and lack of
cooperation, the difficulties created by inmate representatives (delegados) — prisoners who
head up the facility’s self-governing structure — and threats of reprisals against the inmates.
4.
The present report contains the Subcommittee’s findings and recommendations
concerning the prevention of torture and ill-treatment of persons deprived of their liberty in
the Plurinational State of Bolivia. The generic term “ill-treatment” is used throughout the
report to refer to any form of cruel, inhuman or degrading treatment or punishment.
5.
The Subcommittee requests the Bolivian authorities to provide a detailed
account within three months of the date of this report’s transmission of the measures
taken to act upon the recommendations contained herein.
6.
In accordance with article 16 (2) of the Optional Protocol, the report will remain
confidential until such time as the State decides to make it public, except as provided for in
article 16 (4). The Subcommittee is persuaded that publication can make a positive
contribution to the prevention of torture and ill-treatment.
7.
The Subcommittee recommends that the Plurinational State of Bolivia,
following the example of the great majority of States parties to the Optional Protocol,
request the publication of this report, in addition to the report on the Subcommittee’s
previous visit, which took place in 2010.3
8.
The Subcommittee wishes to draw attention to the Special Fund established pursuant
to article 26 of the Optional Protocol. The recommendations contained in reports that have
been made public can be used by the State party as a basis for applying for resources from
the Special Fund for use in specific projects.
II. National preventive mechanism
9.
It has been more than ten years since the Plurinational State of Bolivia ratified the
Optional Protocol. The State party’s national preventive mechanism should have been set
up or designated, in fulfilment of its obligations under the Optional Protocol, by June 2007.
10.
During its visit in 2010, the Subcommittee noted with appreciation the adoption of
the National Human Rights Action Plan 2009–2013, in which the establishment of the
national preventive mechanism was highlighted as a priority, and the bill on the national
preventive mechanism that the Ministry of Justice intended to submit to the legislature in
2010. Instead, however, the State party established the Service for the Prevention of Torture
1
2
3
GE.18-12272
El Subcomité realizó su primera visita al Estado Plurinacional de Bolivia del 30 de agosto al 8 de
septiembre de 2010.
Véase el anexo I.
Véase CAT/OP/BOL/R.1.
3