CAT/OP/BOL/3/Add.1
Part I
Observations and recommendations made by the
Subcommittee on Prevention of Torture directly related to
the functions of the Service for the Prevention of Torture
(SEPRET)
The following refers to the observations and recommendations made by the
Subcommittee on Prevention of Torture directly related to the functions of the Service for
the Prevention of Torture (SEPRET).
Observation made in paragraph 16 of section II National preventive
mechanism
1.
With regard to subparagraphs (a) and (b) of the recommendation, it should be noted
that, according to article 145 of the Political Constitution of the State (the Constitution), the
Plurinational Legislative Assembly is the sole institution empowered to approve and adopt
legislation governing the whole of the Bolivian territory. According to Article 411 of the
Constitution, a partial reform of the Constitution may be launched by popular initiative,
with the signatures of at least 20 per cent of the electorate, or by the Plurinational
Legislative Assembly, through the adoption of a constitutional amendment act by a twothirds majority of its members present. All partial amendments to the Constitution must be
approved by referendum.
2.
Under Supreme Decree No. 2082 of 20 August 2014, which regulates Service for the
Prevention of Torture Act No. 474 of 30 December 2013, the Service for the Prevention of
Torture (SEPRET) has the following functions:
• Conducting spontaneous visits to custodial centres, prisons, special facilities,
juvenile detention facilities, military prisons, police academies, military academies,
military barracks and any other institution, without discrimination of any kind, for
the purpose of preventing torture and other cruel, inhuman or degrading treatment or
punishment
• Making recommendations to the competent authorities with a view to the prevention
of torture and other cruel, inhuman or degrading treatment or punishment
• Making legislative proposals within its area of competence
• Implementing promotional, awareness-raising and training programmes with a view
to preventing violations of the right to personal integrity in the centres and facilities
listed in article 2 of the above Supreme Decree
• Submitting reports and any other documents required by the competent authorities
for the investigation and sanctioning of acts of torture and other cruel, inhuman or
degrading treatment or punishment
• Acting ex officio as a plaintiff in complaints of torture and other cruel, inhuman and
degrading treatment or punishment
• Following up on investigations and trials involving torture and other cruel, inhuman
and degrading treatment or punishment
• Working in conjunction with the Subcommittee on Prevention of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment within the framework of the
Optional Protocol to the Convention against Torture and related standards
• Carrying out any other functions required under the Optional Protocol and current
related standards
3.
The Executive Director General of the Service for the Prevention of Torture is
appointed through the adoption of a supreme decision from a list of three candidates
submitted by the ministry that oversees the Service’s work. The organizational structure of
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