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2012. június 7., csütörtök
2012. június 5., kedd
List of issues prior to the submission of the second periodic report of the Plurinational State of Bolivia (CAT/C/BOL/2)*
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Committee against Torture
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United Nations |
CAT/C/BOL/Q/2
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Convention
against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment |
Distr.: General
16 February 2011
English
Original: Spanish |
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Forty-fifth session
1–19 November 2010
List of issues prior to the submission of the
second periodic report of the Plurinational State of Bolivia
(CAT/C/BOL/2)*
Specific information on the implementation of
articles 1 to 16 of the Convention, particularly with regard to the
Committee’s previous recommendations
Articles 1 and 4
1. Further
to the Committee’s previous recommendations1
(para. 97 (a)), please indicate whether the definition of torture as
set forth in the Convention has been incorporated into the
legislation of the Plurinational State of Bolivia, whether torture
has been made a crime, and describe the sanctions that apply.
Article 22
2. Please
indicate whether the indigenous, native and campesino system
of justice is competent to try cases of torture and cruel, inhuman or
degrading treatment. If so, please provide information on the cases
tried, the sentences pronounced and the penalties imposed, as well as
the compensation awarded to victims.
3. According
to information before the Committee, more than 70 per cent of inmates
in prisons in the Plurinational State of Bolivia are in pretrial
detention. Please inform the Committee of the measures taken by the
State party to guarantee that the judicial authorities use pretrial
detention only with good reason and respect the legal maximum
detention period. Please indicate what efforts the State party has
made to promote the use of alternatives to the deprivation of
liberty. Please also provide information on the contents and current
status of the proposed amendments to Act No. 2298 on remission of
sentences.
4. According
to information before the Committee, the Plurinational State of
Bolivia has no specialized courts for juveniles in conflict with the
law.3
Please provide information on any planned or adopted measures to
address this issue.
5. Please
provide information on the so-called “legal forms of immunity”,
such as current procedural privileges and special criminal
jurisdictions, describing the procedures followed when high-level
State officials are involved in court cases. Please indicate whether
these legal forms of immunity affect or have affected the prosecution
of State officials accused of torture or cruel, inhuman or degrading
treatment.
6.
Please provide information on the measures the State party has taken
to address the issue of violence against women, including domestic
and sexual violence, the scale, intensity and prevalence of which in
the State party borders on femicide. Please provide information on
any measures planned or adopted to amend or repeal legal provisions
that are contrary to international standards, such as article 317 of
the Criminal Code, or that suffer from serious shortcomings, such as
Act No. 1674 on domestic violence and Act No. 2033 on the protection
of victims of sexual abuse.4
7. According
to information before the Committee, political harassment and
violence against women in government posts are prevalent in the
Plurinational State of Bolivia.5
Please provide information on the status of the bill on gender-based
harassment and political violence, as well as on any other measures
planned or adopted to address this issue, including details of
mechanisms designed to protect and provide psychological assistance
to women and children who have been victims of this type of violence.
8.
Please comment on the current legal framework and the measures taken
by the State party to eradicate trafficking in women and children for
the purposes of sexual and labour exploitation. Please provide
information on the comprehensive bill to combat human trafficking and
smuggling.
9.
Kindly provide detailed information on the measures taken by the
State party to facilitate the lodging of complaints in cases where
violent acts have been committed against persons deprived of their
liberty. Please include detailed information on the number of
complaints received during the review period and their outcomes. In
this regard, the Committee requests the State party to provide
statistical data on the number of complaints lodged and the results
of the corresponding investigations, disaggregated by, inter alia,
gender, ethnic group, region, location and the type of detention
facility in which the incident took place.
10. The
Committee has received information regarding flaws in the State
party’s system of administration of justice. It has been alleged
that public bodies within the judicial system lack impartiality and
independence. In particular, there have been allegations of
irregularities in the appointment of judges, the use of the judicial
system for partisan ends and high levels of corruption among judges,
police officers and prison staff. Please provide information on the
measures which the State party has taken to address the flaws in the
justice system, and particularly measures taken to ensure the
complete independence of the judiciary and to report, and properly
investigate, cases of corruption involving judicial, police and
prison staff.
Article 3
11. Please
provide detailed information on the efforts made to implement the
Committee’s previous recommendation (para. 97 (i)) that the State
party should adopt adequate measures to ensure that no person can be
expelled, returned or extradited to another State where there are
substantial grounds for believing that that person would be in danger
of being subjected to torture. Please indicate whether such persons
can appeal against the decision on expulsion and, if so, what the
procedures and time limits are for doing so. Does the option of an
appeal before the supreme judicial authority exist in cases involving
the violation of fundamental rights?
12. In
cases of extradition, return or expulsion, please indicate whether
the Plurinational State of Bolivia accepts diplomatic guarantees and,
if so, what the criteria are for accepting them. Please provide data
on cases of extradition or transfer registered since 2000, whether
subject to receiving diplomatic guarantees or not. Please also
provide detailed information on cases in which requests for
extradition, return or expulsion have been refused because the
individual was in danger of being subjected to torture or
ill-treatment.
13. Please
provide information concerning the implementation of article 3 of the
Convention in cases of expulsion or return (refoulement) of
foreigners, indicating, in particular:
(a) The
number of persons seeking asylum and the number of persons returned;
(b) Whether
and how the probable risk of torture is assessed in reaching a
decision and in procedures to appeal against the decision;
(c) The
procedure for the examination of asylum requests submitted at the
border.
14. Please
provide information on the specific procedures to guarantee adequate
care and assistance for unaccompanied and separated children seeking
asylum.
Articles 5, 6, 7 and 9
15. Please
provide information on the national legislation that establishes
universal jurisdiction over acts of torture. Please indicate whether
or not that legislation fully meets the requirements of the
Convention.
16. Please
provide information on the treaties on mutual judicial assistance
currently in effect. Is the Convention invoked as a legal basis for
extradition with regard to crimes of torture or when the State party
receives a request for extradition from another State with which it
does not have a bilateral agreement? If so, please provide examples
of those cases.
Article 10
17. Please
provide information on the measures taken to implement the
Committee’s previous recommendations (para. 97 (b)) that the State
party should step up vocational training activities for all
law-enforcement officials. Please indicate the budget available for
these training programmes, which groups of officials have received
training so far, and whether there has been any evaluation of the
impact of these training activities, particularly on prohibiting
torture and with regard to medical personnel.
18. Please
provide detailed, up-to-date information on the measures taken to
make effective use of the Istanbul Protocol to investigate and
document torture and other ill-treatment in the State party. Please
indicate the number of cases in which the Istanbul Protocol has been
applied and how this information has been used, both in the courts
and in the treatment and rehabilitation of victims.
Articles 11 and 12
19. Regarding
the Committee’s previous recommendations (para. 97 (c)), please
provide information on the necessary legal and administrative
measures taken to set up a national public register of persons
deprived of liberty, indicating the authority which ordered such
deprivation, the grounds for the relevant decision and the type of
proceedings.
20. Regarding
the Committee’s previous recommendations (para. 97 (d)), please
provide information on the measures taken to ensure effective
compliance by government prosecutors with the duty to conduct
criminal investigations into any complaint of torture and cruel,
inhuman or degrading treatment in a prompt and impartial manner.
Please indicate whether the accused officials are suspended from
their duties during the investigations.
21. In
2008, political violence broke out in various regions of the
Plurinational State of Bolivia, including Santa Cruz and Sucre, where
certain groups attacked and assaulted members of the local
population, in particular indigenous persons and peasants, with total
impunity.6
Please provide information on measures taken to guarantee that such
acts are investigated promptly and impartially, that the guilty
parties are prosecuted and that appropriate penalties are imposed.
22. According
to information before the Committee, 11 people were killed and about
50 injured in a massacre involving torture and ill-treatment which
took place in the department of Pando on 11 September 2008.7
The Committee also has information before it on complaints concerning
abuse carried out by police officers and soldiers during the state of
emergency in Pando between 12 September and 24 November 2008.8
Please provide information on the measures taken to guarantee:
(a) The
prompt and impartial investigation of those acts, including the abuse
carried out by police officers and soldiers during the state of
emergency;
(b) The
safety, access to justice and right to redress of victims and
witnesses;
(c) Accountability
throughout the chain of command, including the disciplinary measures
adopted.
23. According
to information before the Committee, lynching has become widespread
in the last decade. Please provide information on the measures taken
to guarantee that such acts are investigated promptly and
impartially, that the guilty parties are prosecuted and that
appropriate penalties are imposed. Please also describe any measures
planned or adopted to address this issue, particularly with regard to
strengthening the national police force and providing it with human
and material resources.9
Article 13
24. Please
provide information on the measures adopted to implement the
Committee’s previous recommendation (para. 97 (e)) that the State
party should set up a centralized public register of complaints of
torture and ill-treatment and of the results of the investigations.
Has such a register been established? If so, please provide detailed
statistical data, disaggregated according to type of offence, region,
ethnic origin and gender, on complaints relating to torture and
ill-treatment allegedly committed by the forces of law and order, as
well as on subsequent investigations, prosecutions, convictions and
compensation offered to victims.
25. Please
indicate the number of allegations of torture in the army,
particularly those lodged by persons performing compulsory military
service. Please provide information on the steps being taken to
prevent and investigate such acts.
Article 14
26. Please
provide information on measures taken to compensate or indemnify and
rehabilitate victims of acts of torture or cruel treatment,
indicating who provided the rehabilitation services and how they did
so. Please provide information on the current situation of victims
within the framework of criminal law, including information on the
preliminary draft of the proposed law on comprehensive protection and
assistance for victims of violent crime and on the work of the
Technical Evaluation Committee to assess the case files of victims of
political violence. Kindly also include updated information on the
number of victims who have benefited from these programmes and the
type of compensation they have received, including the amounts
awarded.
27. Please
provide information on the procedures for declassification or opening
of the files of the Second Army Department requested by the Permanent
Human Rights Assembly and other stakeholders in order to shed light
on the human rights violations that took place during the military
dictatorships, including forced disappearances, torture and arbitrary
arrest and detention.
Article 15
28. Please
provide information on efforts to ensure that, in accordance with
article 15 of the Convention, judicial authorities do not admit as
evidence any confession obtained using physical or mental violence.
Please indicate whether any cases have been dismissed by the courts
following allegations that the information was obtained under torture
and, if so, please provide information on those cases.
Article 16
29. Regarding
prison conditions in the Plurinational State of Bolivia, the
Committee has before it information on the widespread overcrowding in
prisons.10
Kindly provide detailed and updated information on measures taken to:
(a) Improve
the prison infrastructure;
(b) Improve
prison food;
(c) Guarantee
prisoners access to medical personnel and court-appointed counsel;
(d) Ensure
that detainees in pretrial detention are separated from convicted
prisoners;
(e) Ensure
that men, women and juveniles are detained separately.
30.
Please include detailed information on the budget the State party
has allocated to the country’s prison system and detention
facilities during the period under review.
31. Regarding
the Committee’s previous recommendations (para. 97 (h)), please
provide information on the review of disciplinary procedures and
rules in prisons. Please comment on the measures taken by the State
party to ensure internal oversight and security in prisons. Please
include detailed information on the number of guards in each prison
and the professional training they receive.
32. According
to information before the Committee, a number of irregular detentions
were carried out by the State security forces in the Plurinational
State of Bolivia, during which the agents wore hoods, produced no
arrest warrants and used disproportionate force.11
Please provide information on the measures taken to ensure that
national police and the armed forces respond in a proportionate
manner and respect international human rights norms and standards.
33. Pursuant
to the ratification by the Plurinational State of Bolivia of the
Optional Protocol to the Convention on 23 May 2006, please provide
information on the current status of the legal and administrative
framework necessary to establish a national mechanism for the
prevention of torture, in accordance with articles 17 to 23 of the
Optional Protocol.
34. Please
provide information on the legislative, political and administrative
measures taken to implement the recommendations of the Special
Rapporteur on the situation of human rights and fundamental freedoms
of indigenous people to eliminate the persistent problem of
servitude, forced labour and the holding captive of some indigenous
communities in the country, as in the case of the Guaraní people.12
Please provide information on the complaints received and the
measures taken to ensure that those acts are investigated promptly
and impartially, that the guilty parties are prosecuted and that
appropriate penalties are imposed.
35. According
to information before the Committee the number of threats and attacks
against human rights defenders in the Plurinational State of Bolivia
has risen in recent years.13
Please provide information on cases of attacks against human rights
defenders and the measures taken to implement the Committee’s
previous recommendation (paragraph 97 f) that the State party should
adopt all necessary measures to guarantee the protection and free
exercise of the rights of human rights defenders.
36.
According to information received by the Committee, the conditions
in which the majority of minors admitted to drug rehabilitation
centres for street children are held amount to inhumane or degrading
treatment. Please indicate what measures the State party has taken to
ensure the prompt and impartial investigation of these allegations,
as well as the implementation of appropriate sanctions. Please also
indicate the measures taken to improve the infrastructure and
conditions in rehabilitation centres for street children and drug
addicts and to ensure their full rehabilitation.
37. Please
comment on the fact that corporal punishment remains lawful in the
home and in residential or institutional care settings. Please
indicate whether the traditional, indigenous, native and campesino
system of justice imposes corporal punishment and, if so, of what
type. What legal and administrative measures are planned to address
this issue and to expressly prohibit this practice, in both positive
law and indigenous, native and campesino law?
Other issues
38. Please
indicate what steps have been taken by the State party to disseminate
widely, including in indigenous languages, through the media,
official web pages and non-governmental organizations, the reports
submitted by the State party to the Committee, and the latter’s
conclusions and recommendations.
39. Please
provide information on the legislative, administrative and other
measures the State party has taken to combat terrorism, as well as on
efforts to ensure that cases, and the Rózsa case in particular, are
investigated. Please indicate whether these measures have had any
impact on human rights safeguards in law and practice. In this
respect, the Committee would like to recall Security Council
resolution 1456 (2003), paragraph 6, which establishes that States
must “ensure that any measures taken to combat terrorism comply
with all their obligations under international law, and should adopt
such measures in accordance with international law, in particular
international human rights, refugee and humanitarian law”.
General information on the national human rights
situation and on the exercise of human rights at the national level
40. Please
provide detailed information on any legal and institutional changes
in the area of the promotion and protection of human rights that have
been made in the Plurinational State of Bolivia since the last
periodic report was submitted, including all relevant jurisprudential
decisions.
41. Please
provide detailed information on any political, administrative or
other measures that have been adopted in the Plurinational State of
Bolivia to promote and protect human rights at the national level.
Please provide information on the efforts being made to strengthen
the mechanisms for the effective implementation of the National Human
Rights Programme.
42. Please
provide any additional information on new measures taken to implement
the Convention and the Committee’s recommendations since the
consideration of the last periodic report in 2001, including the
necessary statistical data, as well as any other events that may have
occurred in the State party which are relevant under the Convention.
* * The
present list of issues was adopted by the Committee at its
forty-fifth session, according to the new optional procedure
established by the Committee at its thirty-eighth session, which
consists in the preparation and adoption of lists of issues to be
transmitted to States parties prior to the submission of their
respective periodic report. The replies of the State party to this
list of issues will constitute its report under article 19 of the
Convention.
1 The
paragraph numbers in brackets refer to the previous concluding
observations of the Committee, published in document A/56/44.
2 The
issues raised under article 2 could have implications for other
articles of the Convention, including but not only article 16. As
general comment No. 2, paragraph 3, states: “The obligation to
prevent torture in article 2 is wide-ranging. The obligations to
prevent torture and other cruel, inhuman or degrading treatment or
punishment (hereinafter ‘ill-treatment’) under article 16,
paragraph 1, are indivisible, interdependent and interrelated. The
obligation to prevent ill-treatment in practice overlaps with and is
largely congruent with the obligation to prevent torture. (...) In
practice, the definitional threshold between ill-treatment and
torture is often not clear.” See further chapter V of the same
general comment.
3 National
report submitted in accordance with paragraph 15 (a) of the annex to
Human Rights Council resolution 5/1, Plurinational State of Bolivia
(A/HRC/WG.6/7/BOL/1, para. 30).
4 Concluding
observations of the Committee on the Elimination of Discrimination
against Women (CEDAW/C/BOL/CO/4), paras. 24 and 25.
5 Ibid.,
para. 31.
6 Report
of the Office of the United Nations High Commissioner for Human
Rights (OHCHR) in Bolivia (A/HRC/10/31/Add.2), paras. 13 to 20.
7 See
“Report of OHCHR on the violent events in Pando in September
2008”, March 2009, (OEA.SER.L/V/II.135, doc. 40), paras. 32 to 53
and recommendation 13.
8 Inter-American
Commission on Human Rights, “Access to justice and social
inclusion: The road towards strengthening democracy in Bolivia”,
paras. 42–53 and recommendation 13.
9 A/HRC/10/31/Add.2,
paras. 45–47.
10 Report
of the Working Group on the Universal Periodic Review, Plurinational
State of Bolivia (A/HRC/14/7), recommendation 28.
11 A/HRC/10/31/Add.2,
para. 33.
12 Report
of the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people (A/HRC/11/11), para. 79.
13 A/HRC/10/31/Add.2,
paras. 39 to 41 and 101.
2012. június 4., hétfő
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