10.07.2015 Views

wr2014_web_0

wr2014_web_0

wr2014_web_0

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

WORLD REPORT 2014and opponents of President Morales. Repeated changes of jurisdiction andprosecutorial inefficiency have also undermined the right of the accused to dueprocess and a prompt trial. As of August 2013, a La Paz court was still hearingevidence in a case involving Leopoldo Fernández, former prefect of Pandodepartment, and five local officials, charged in 2008 for their roles in aSeptember 2008 massacre in which 13 people were killed. The judge repeatedlysuspended proceedings when defendants failed to appear.Despite international concern, the government has not reopened an investigationinto the April 2009 killing of two Hungarians (one of Bolivian birth) and anIrishman, whom the government alleged were mercenaries involved in a separatistplot. Police shot them dead after storming their hotel rooms in SantaCruz. Reports by an Irish government pathologist and an independent forensicconsultant suggested that at least two of the victims may have been extrajudiciallyexecuted.Military JurisdictionIn a landmark December 2012 decision, the Constitutional Court ruled that acivilian court should have jurisdiction in the case of a conscript who died in2011 following a combat training exercise—allegedly after instructors beat himon the head and chest. The court urged lawmakers to reform Bolivia’s militaryjustice code to bring it in line with international human rights standards, whichaffirm that all human rights violations should be handled in civilian jurisdiction.Due Process ViolationsThe broad discretion that judges enjoy in ordering pretrial detention and lack ofaccess to public defenders have greatly undermined due process rights forthose accused of a crime, particularly among Bolivia’s poor. According to areport published by the United Nations High Commissioner for Human Rights(UNHCR), as of September 2012, 84 percent of prisoners in Bolivia were awaitingtrial. Bolivian law allows up to three years in pretrial detention, a limit oftencontravened in practice.High-profile defendants have also suffered due process violations and judicialharassment. In October 2013, José María Bakovic, a 74-year-old former directorof the National Road Service (SNC), died from a heart attack after prosecutors—212

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!