CCPR/C/79/Add.74
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ensure full conformity with the Covenant, in particular the new Code of
Criminal Procedure, aimed at the modernization of the Bolivian legal and
judicial structures and allowing the investigation and punishment of human
rights violations.
27.
The Committee urges the State party to put into place the necessary
mechanisms to avoid a recurrence of the events surrounding the 1995 state of
siege, where the police used excessive violence against the members of
teachers' unions.
28.
The Committee urges the State party to investigate allegations of human
rights violations, in order to bring to justice perpetrators of past and
present human rights abuses. It recommends that an independent mechanism be
instituted for dealing with complaints of police violence and that the
existence of this mechanism be publicized. It further urges the State party
to act on the findings of its investigations, to bring to justice the
perpetrators and to provide proper compensation to the victims, particularly
with respect to continuing occurrences of torture and ill-treatment by the
police and security forces.
29.
The Committee recommends that the State party amend Law 1008, in order
to make it compatible with the State party’s obligations under the Covenant.
30.
The Committee urges the State party to comply with article 10,
paragraph 2 of the Covenant by separating accused persons from convicted
persons in prison, and juvenile offenders from adults.
31.
The Committee recommends that the Office of Ombudsman and the
Constitutional Court be put into place as soon as possible and that both be
given broad jurisdiction and sufficient resources to guarantee the enjoyment
of human rights.
32.
The Committee urges the State party to take effective measures to
abolish the practice of the “criadito”.
33.
The Committee recommends that an educational
that all segments of the population, in particular
security forces and the police, and members of the
better acquainted with international standards for
observance of human rights and human dignity.
programme be devised so
members of the army,
judiciary and lawyers, are
the protection and
34.
The Committee recommends that the independence of the judiciary be
ensured and a law regulating it be enacted. It further recommends that the
nomination of judges should be based on their competence and not their
political affiliation. The Committee also recommends that responsibility for
the judicial police be transferred from the executive to the judiciary.
35.
The Committee recommends that further measures, such as those of the
“Justicia Communal”, be taken to ensure that members of indigenous groups are
protected against violence within the country and enjoy fully their rights
under article 27 of the Covenant, particularly with regard to preservation of
their culture, language and religion. The legislation on indigenous
communities should be enacted without delay.