Bolivia's Legal System: People's Law Or Not?

Bolivia is a constitutional, multiparty republic with an elected president and a bicameral legislature. The country has a long history of political interference in its justice system, with successive governments pursuing politically motivated charges against their rivals. The current government has been accused of supporting excessive and unsubstantiated charges against former President Jeanine Áñez, who remains in pretrial detention. Bolivia also has a history of impunity for violent crime and human rights violations, with only a few officials prosecuted for abuses committed under authoritarian governments. The country's prison system is overcrowded and faces issues such as harsh conditions, corruption, and abuse. Indigenous communities face obstacles in exercising their rights, and women and girls remain at high risk of gender-based violence.

Human rights violations

Bolivia has a long history of human rights violations, with the Inter-American Commission on Human Rights expressing concern about the country's judiciary lacking independence from the government. Here is a detailed breakdown of the human rights situation in Bolivia:

• Violations by Security Forces: There have been credible reports of torture, cruel, inhuman, or degrading treatment, and punishment by government officials. This includes the national police and military forces, who have been accused of using excessive force and committing abuses during protests and crowd-control operations.
• Prison Conditions: Prisons in Bolivia are overcrowded and lack adequate medical services, resulting in harsh and life-threatening conditions. There are also reports of rampant rape and other forms of gender-based violence within prisons.
• Arbitrary Arrests and Detentions: The Bolivian government has been accused of arbitrary arrests and detentions, particularly targeting political opponents. This includes the persecution of associates and supporters of former President Evo Morales by the interim government led by Jeanine Áñez.
• Restriction on Freedom of Expression: Journalists in Bolivia face threats, harassment, and physical attacks. The government has also been accused of pressuring and intimidating media outlets to report favorably on government policies.
• Violence against Women: Women and girls in Bolivia remain at high risk of gender-based violence, despite laws and measures in place to prevent and prosecute such acts. Femicide, or the killing of women, is a persistent issue, with inadequate protection and support for survivors.
• Indigenous Peoples' Rights: Indigenous communities in Bolivia face obstacles in exercising their rights, particularly in relation to unregulated mining activities and the disposal of mercury from gold mining, which poses health and environmental risks.
• Human Rights Defenders at Risk: Authorities in Bolivia have been criticized for failing to protect human rights defenders, particularly those working on environmental issues. There have been incidents of raids and occupations of human rights organizations' offices, with the government adopting measures that infringe on freedom of assembly and expression.
• Lack of Judicial Independence: The Bolivian judiciary has been criticized for its lack of independence, with high-level judges and members of the Magistrate's Council accused of political interference and improper influence in the appointment of judges. This has led to concerns about judges issuing decisions to please the authorities.
• Child Labor: Child labor is a significant issue in Bolivia, with an estimated 390,000 children working, often in hazardous industries such as construction, sugar-cane harvest, and mining.
• Impunity for Human Rights Violations: There is a lack of accountability for human rights violations in Bolivia, with reports of corruption and politicization of the judicial system. This has led to impunity for members of the security forces and government officials accused of abuses.

Police brutality

In Bolivia, police brutality has been a significant issue, with reports of security forces committing abuses. In 2019, Human Rights Watch documented cases where police responded to demonstrations with excessive and reckless force, resulting in injuries and unlawful killings. This included an incident in November 2019 where more than 20 protesters were killed after the interim government issued a decree granting the military broad discretion in the use of force. There have also been reports of police impunity due to corruption and politicization of the judicial system, with mechanisms to investigate abuse rarely utilized or enforced.

The Bolivian government has taken some steps to address police brutality and hold perpetrators accountable. In 2021, an Interdisciplinary Group of Independent Experts (GIEI) released a report on the 2019 post-election violence, blaming the government for failing to prevent acts of violence and committing violent acts itself. Following this report, the government revoked an amnesty decree that had been criticized for potentially enabling impunity.

However, police brutality and human rights abuses continue to be a concern in Bolivia. Women and girls remain at high risk of violence, and prison overcrowding and excessive pretrial detention persist. Indigenous communities also face obstacles in exercising their rights and are severely affected by fires set by farmers.

To address these issues, the Bolivian government has committed to reforming the justice system. In October 2021, the government signed an agreement with UN agencies to receive recommendations from national and international experts.

Prison conditions

Overcrowding

Prisons in Bolivia are extremely overcrowded, with the prison population being more than three times the designed capacity. For example, Montero Prison, with a capacity of 70 individuals, held 430 inmates in 2018, 33 of whom were women. Inadequate funding is a key factor contributing to this issue.

Poor Sanitation and Inadequate Facilities

The lack of funding has also resulted in poor sanitation and inadequate facilities in Bolivian prisons. For instance, the 430 inmates at Montero Prison in 2018 had to share only three bathrooms. In addition, the national budget allocated a meagre eight bolivianos ($1.17) per day per prisoner for meals.

Violence

Violence is pervasive in Bolivian prisons due to inadequate internal security. Abuses by penitentiary officials include systematic intimidation, rape, psychological mistreatment, extortion, torture, and death threats. Prisoner-on-prisoner violence is also common, with stabbings being a frequent occurrence.

Inadequate Medical Care

Medical care in Bolivian prisons is inadequate, with only one doctor attending to prisoners in each prison twice a month. Prisons rarely have medications on hand, and skin diseases and tuberculosis are widespread due to cramped sleeping quarters and a lack of medicine to manage contagion. Incarcerated women also lack access to obstetric services.

Corruption

Corruption is a significant issue in Bolivian prisons, with a prisoner's wealth often determining their physical security, cell size, visiting privileges, ability to attend court hearings, and place and length of confinement. Guards are also susceptible to bribery, which has led to issues such as cocaine trafficking within prison walls.

Lack of Independent Monitoring

Authorities generally do not conduct investigations into credible allegations of mistreatment in Bolivian prisons. While prisoners can submit complaints to a commission of district judges, fear of retaliation by prison authorities often prevents them from doing so.

Freedom of expression

Bolivia's constitution and laws technically guarantee a wide range of human rights, including freedom of expression, but in practice, these rights are often not respected and enforced. The country's chief issues concerning freedom of expression include:

• Violence and harassment against journalists: Journalists face threats and physical attacks, such as the case of Marco Rocabado, who was beaten with stones and sticks while covering a strike in Santa Cruz.
• Government pressure and intimidation of media outlets: The government has been accused of pressuring and intimidating media outlets that express dissenting opinions by withholding advertising and imposing steep taxes.
• Censorship and content restrictions: Journalists sometimes practice self-censorship due to fear of losing their jobs or access to government sources.
• Libel and slander laws: Defamation is a criminal offence punishable by a monetary fine.
• Lack of access to information: Bolivia lacks a law to implement the right to access information, and there is no public access to government information.

In addition, the relationship between the government and the news media is often hostile, and the government has been charged with taking actions to restrict independent media or encourage self-censorship. Despite these challenges, Human Rights Watch describes Bolivia as enjoying "vibrant public debate" with a variety of critical and pro-government media outlets.

Gender-based violence

Bolivia has the highest number of teenage pregnancies in Latin America, often linked to cases of sexual abuse. More than half of the women in Bolivia (52.3%) report having experienced physical or sexual violence by an intimate partner, but only 1% of all gender-based violence cases are prosecuted and convicted.

Women with disabilities are ten times more likely to experience sexual violence than women without disabilities. Seven out of ten women with disabilities report having been subjected to violence within their families, and half of those reported being survivors of sexual violence.

In 2013, the Bolivian government passed Law 348, which is designed to prevent intimate partner violence and punish abusers. The law focuses on women's right to a life free of violence and makes femicide a crime punishable by 30 years in prison. However, the implementation of this law has been slow and complicated, and the vast majority of domestic violence complaints never reach trial.

Humanity & Inclusion, a humanitarian organization, takes a community-based inclusive approach to prevent violence against women in Bolivia. They educate women and girls about their sexual and reproductive health, strengthen financial resilience, promote women's rights, and strengthen community resources for violence prevention and care. Despite these efforts, gender-based violence remains a significant issue in the country.

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