CAT/C/BOL/CO/2
(c)
The International Convention for the Protection of All Persons from Enforced
Disappearance (17 December 2008);
(d)
The Convention on the Rights of Persons with Disabilities and the Optional
Protocol thereto (16 November 2009).
6.
The Committee welcomes the amendments made in the State party’s legislation, in
particular:
(a)
The promulgation of the Constitution, which establishes the overall
framework for the protection of human rights, notably in title II, which deals with
fundamental rights and guarantees, on 9 February 2009;
(b)
The promulgation of Act No. 358 of 17 April 2013, whereby the State party
approved the decision to ratify the Second Optional Protocol to the International Covenant
on Civil and Political Rights, aiming at the abolition of the death penalty;
(c)
The promulgation of Comprehensive Act No. 348 of 27 February 2013,
which provides guarantees for women’s right to a life free of violence;
(d)
The promulgation of Comprehensive Anti-Trafficking in Persons Act No.
263 of 31 July 2012;
(e)
The promulgation of Refugee Protection Act No. 251 of 20 June 2012 and its
implementing regulations, which were approved by Supreme Decree No. 1440 of 19
December 2012, and Migration Act No. 370 of 8 May 2013;
(f)
The Jurisdiction Demarcation Act (Act No. 073) of 29 December 2010;
(g)
The Anti-Racism and Anti-Discrimination Act (Act No. 045) of 8 October
(h)
The Judiciary Act (Act No. 025) of 24 June 2010;
2010;
(i)
Act No. 3760 of 7 November 2007, which incorporates the United Nations
Declaration on the Rights of Indigenous Peoples into Bolivian law;
(j)
The adoption of Act No. 2640 of 11 March 2004, which provides for special
compensation for victims of political violence during periods of unconstitutional
government, as amended by Act No. 238 of 30 April 2012, and Act No. 3955 of 6
November 2008, which provides for benefits for victims of the events of February,
September and October 2003.
7.
The Committee also commends the State party upon the efforts it has made to
modify its policies and procedures so that they will afford greater protection for human
rights and facilitate the application of the Convention. It also notes that the State party’s
efforts in this regard have included the adoption of the National Human Rights Action Plan
for 2009–2013 by means of Supreme Decree No. 29851 of 10 December 2008.
C.
Principal subjects of concern and recommendations
Definition of torture and the crime of torture
8.
The Committee is concerned that, its previous concluding observations (A/56/44,
paras. 89–98) notwithstanding, the State party has not yet established a definition of the
crime of torture that is in conformity with the Convention. While it takes note of the
existence of a draft bill that would amend article 295 (ill-treatment and torture) of the
Criminal Code, the Committee is of the view that the wording of that draft bill is seriously
flawed, since it does not include the purpose of the conduct in question in the basic
definition of the offence but instead classifies the reasons for inflicting torture as
2
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