78 Bolivia BOLIVIA 1 I. General Information Bolivia is a unitary state divided into nine departamentos. The country covers an area of 1,098,580 km 2. According to ECLAC, in 2006 the estimated population was 9,627,000 inhabitants, 2 64.2% of whom lived in urban areas. 3 The same source reports the following population distribution for 2005: 34.5% between 15 and 34 years of age; 38% between 0 and 14 years; 14.8% between 35 and 49 years; 8.3% between 50 and 64 years, and 4.4% over 65. Population growth for the 2000-2005 period was around 2.2%, with a projected growth of more than 2% over the next five years. 4 The country s indigenous population numbered 4,133,138, according to the 2001 census. 5 In 2004, 63.9% of Bolivia s population lived in poverty and 34.7% in extreme poverty, an increase of 2.4% and a drop of 6.9%, respectively, over the preceding two years. 6 Bolivia is ranked 115th on the Human Development Index, fourth in Latin America in the medium development index following Brazil, Ecuador, and Nicaragua. 7 The Gini coefficient for 2002 stood at 0.614, 8 and its 2004 unemployment rate was 6%. 9 In 2004, 86.7% 10 of those over the age of 15 were literate. The 2005 GDP was US$ 9.721 billion, an increase of approximately 14.4% over 2003. 11 Per capita GDP for 2005 was US$ 1,033 (calculated in 2000 dollars), representing an increase of 4% over the last five years. 12 Per capita GDP in 2004 based on purchasing power parity was US$ 2,720. 13 II. Judicial System Highlights III. Institutions The 2006 budget for the Judicial Branch in was approximately US$ 46,794,481. Between 2000 and 2006, this amount fell by more than 35% as a percentage of the overall public budget, dropping from 1.31% to 0.84%. In 2006 the Public Prosecutor s Office (Ministerio Público) budget was almost 12 million dollars, or 0.21% of the country s annual fiscal budget. Between 2004 and 2006, the number of judges in Bolivia increased more than 6%. 14 According to the German Cooperation Agency GTZ, the second stage of the Criminal Procedure Reform Support Project has been successful in reducing the number of dismissals in cases brought before the Public Prosecutor s Office and in appeals cases brought before higher courts in the departmental capitals of La Paz, Cochabamba, and Santa Cruz. Additionally, prosecutors were able to increase the number of requests for alternative outcome to criminal procedures by 20%. 15 1. Overall Structure and Operation of the Judicial System Bolivia s judicial system is composed of the Judicial Branch, Public Prosecutor s Office, National Public Defense Service, Ombudsman s Office, Vice-Ministry of Justice and Human Rights, and the police. 2. Judicial Branch 16 2.1. Institutional Structure Territorially, the Republic of Bolivia is divided into nine judicial districts that correspond to the nine administrative departamentos. The Judicial Branch administers justice by means of the Supreme Court, the Constitutional Court, the National Agrarian Court, superior district courts, and trial and investigative courts (called juzgados de partido and juzgados de instrucción) in civil, commercial, family, administrative and minors 1 This section is based on information supplied by the following Bolivian institutions: the Supreme Court, the Judiciary Council (Consejo de la Judicatura), the Public Prosecutor s Office (Ministerio Público), the Public Defender s Office (Servicio Nacional de Defensa Pública), the National Police, and the National Bar Association. Subsequent reference was also made to the Websites of different government institutions and multilateral and international cooperation agencies as well as JSCA studies.
Report on Judicial Systems in the Americas 2006-2007 79 matters, and the labor, social security and land courts. The Criminal Procedure Code transformed the organization and operation of the country s criminal justice system, establishing the basic structure of criminal courts: sentencing tribunals, sentencing courts, investigative trial courts (juzgados de instrucción cautelares), and sentence enforcement courts (juzgados de ejecución penal). The Constitutional Reform Law 1.585 passed on August 12, 1994 promoted the strengthening and modernization of the Judicial Branch by decentralizing its jurisdictional role over constitutional and administrative-disciplinary matters, handing such cases over to two newly created entities: the Constitutional Court and the Judiciary Council (Consejo de la Judicatura), the latter an administrative and disciplinary body. 2.1.1. Supreme Court Bolivia s Constitution makes the Supreme Court the highest court in ordinary, contentious, and contentious-administrative justice of the Republic. This body includes 12 justices (called ministros) who sit in special chambers headquartered in the city of Sucre. Justices are elected by Congress by a two-thirds vote of all members from a short list proposed by the Judiciary Council. Justices are elected to serve a non-renewable 10-year term and cannot be reelected until an equal period has passed. The Chief Justice, who also serves as President of the Judicial Council since the constitutional reforms of 1994, is elected by the full court through a two-thirds vote of all its members. This post is held for a two-year, renewable period. In order of precedence, the Chief Justice is followed by the Deacon, Sub-Deacon and remaining justices in a descending order established by the full court. Each chamber has its own president who is elected by its sitting judges. To be eligible, Supreme Court justices must: 17 Be born in Bolivia Have worked as an active, ethical and upstanding member of the Judiciary or as an attorney, university chair. Research posts or academic qualifications and degrees will also be taken into account Be at least 35 years of age Have completed all military obligations Be listed in the civil registry Not have served time in prison, except in cases where reinstatement has been granted by the Senate, and not to have had charges or arrest warrants executed, not to fall excluded or deemed incompatible under the law. 2.1.2. Constitutional Court The Constitutional Court was set up during the 1994 constitutional reform and began exercising its jurisdiction on June 1, 1999. Its headquarters is in the city of Sucre. The institution is independent and subject only to the Constitution. The Court guarantees that all acts, resolutions, and decisions of those who govern and are governed uphold the Constitution and the full force of the law, defend the democratic order and the balance of powers, and defend and respect citizens fundamental rights and guarantees. This Court is made up of five regular judges and five alternates who are elected by Congress by a two-thirds vote of those members present. Judges are elected to serve a non-renewable 10- year term and cannot be reelected until an equal period has passed. Candidates to the Constitutional bench must meet the same requirements as Supreme Court justices. 2.1.3. National Land Court (Tribunal Agrario Nacional) The National Land Court, which has its headquarters in Sucre, is the country s highest court for administering justice in land matters. It is composed of seven vocales (regular members) and is divided into two chambers, each with three vocales. The Land Court has jurisdiction throughout the land, with each land court judges covering one or several provinces of their respective judicial district. The Land Judiciary, represented by the National Land Court and the agrarian courts, is an entity that administers justice on land related issues. It is empowered to resolve disputes related to land possession, property rights and other areas established by law. 2.1.4. Superior District Courts Superior District Courts are made up of judges (vocales) whose number is a reflection of demographic density and judicial caseload in each departamento. These courts are headquartered in the capital city of each departamento and their jurisdiction covers a specific geographic area. They are divided into civil, criminal, social, mining, and administrative
80 Bolivia chambers. The assembly of all of these constitutes the Full Chamber. Judges of these courts are elected by the full bench of the Supreme Court from a short list proposed by the Judiciary Council. Candidates to the Superior District Court bench must meet the following requirements: To have worked ethically and with distinction in the judiciary or as a professional attorney for at least 10 years To have no condition of exclusion or incompatibility applicable To possess all the conditions necessary to be a Supreme Court justice In chambers consisting of three or two vocales, two votes in favor are required, whatever form the legal ruling may have. 2.2. Government and Management As mentioned previously, the 1994 constitutional reform decentralized judicial control over constitutional and administrativedisciplinary matters, creating the Judicial Council to carry out the latter tasks. 2.2.1. Judicial Council The Judicial Council is the administrative and disciplinary body of the Judicial Branch in Bolivia. It is formed by the Chief Justice of the Supreme Court, who presides over the Council, and four additional members called Consejeros de la Judicatura (Judicial Councilors) who are appointed by Congress by a two-thirds vote in accordance with the following procedures: The Supreme Court, Constitutional Court, Minister of Justice, Law Schools, and Bar Association, may submit a list of candidates to Congress for its consideration Anyone who meets the legal requirements for the post may apply All candidates for Judicial Councilor must be Bolivian by birth and appear on the electoral register; be qualified attorneys and have practiced the profession for over 10 years, or hold a university chair; not have served time in prison, except where this individual has been reinstated by the Senate, or to have had charges or indictments brought against him or her. The role of Judicial Councilor is only comparable with that of university chair, and is incompatible with public or private office, administrative or union post, paid or unpaid. Councilors may not undertake managerial functions within political parties and organizations, associations, foundations, professional institutes, commercial companies of any type, or practice the legal profession while in office. The role of the Council is to plan, organize, direct, and oversee the efficient administration of the Judicial Branch s human, material, economic, and financial resources. A councilor exercises disciplinary authority over judicial employees in compliance with the law, and coordinates actions to improve justice administration with the other areas of the Judicial Branch, other branches of government and public institutions. The institutional objectives of the Council include: Providing Judicial Branch bodies with the necessary and sufficient instruments to carry out their work Manage the human and economic resources of the Judicial Branch Fulfilling a disciplinary role with strict adherence to the law and regulations Restoring its autonomy in its administrative and disciplinary management. 2.2.2. Administrative and Technical Bodies The following departments are the administrative and technical arms of the Judicial Council: General Management: executive and operational body of the Judicial Council that has an administrative, managerial, and coordinating role with regard to the other departments Administrative and Financial Management: responsible for the Judicial Branch s financial and economic resources; includes the Judicial Finance Department (Treasury Unit), which is in charge of centralizing special resources and transfers from the government Treasury. Judicial Services Management: responsible for providing direct support to judicial entities via specialized technical services; non-permanent professional resources; educational programs for users and professional technical information for internal and external users; as well as implementing projects and policies for the ongoing improvement of justice service. Human Resources Management: responsible for controlling, inspecting and implementing judicial career and staff selection systems.
Report on Judicial Systems in the Americas 2006-2007 81 It is also important to underline that apart from the above departments the Council also has departments for Disciplinary and Basic Rights Administration, as well as the Judicial Gazette and Judicial Printers. 2.2.3. The Judicial Institute (Instituto de la Judicatura) The Judicial Institute, which forms part of the Council, offers professional development for sitting judges, support staff and training for those aspiring to the judicial career. 2.3. Transparency, Accountability, and Access to Information The Law of Governmental Management and Oversight addresses systems for managing fiscal resources and their relation with national public planning and investment. Its aims include ensuring that all public servants take full responsibility for their acts and uphold the objectives for which public resources are allocated. It also oversees the manner in which these systems are applied and their outcomes. 18 The Judicial Council Disciplinary Unit has received 11,500 complaints against judicial employees in its eight year history. According to the second edition of JSCA s Index of Online Access to Judicial Information, in 2006 Bolivia was 10 th among the 34 OAS countries. It scored 39.3% in the index and placed 11th overall. Regarding information about the courts, Bolivia obtained a score of 43.9%, as it did in 2004, although its relative position dropped one place. 19 2.4. Legal Aid The Bolivian judicial system recognizes the right to free professional legal assistance for all judicial cases when the parties involved are unable to pay for it themselves. The Judicial Branch has mandated court-appointed counsel for all such cases in accordance with the Law of Judicial Organization. 20 2.5. Reform Projects Underway The Judicial Branch is in the process of implementing various projects to improve and reform the areas of information records and basic rights, mainly via the Judicial Council and the Supreme Court. Most of these projects are being funded by international organizations and entities. 21 2.6. Budget Between 2000 and 2006 the Judicial Branch budget grew by 5.4%. However, as a percentage of the country s public sector budget it fell by 35%, from 1.31% to 0.84%. 2.7. Human and Material Resources 2.7.1. Human Resources The number of active judges in 2006 was 6% greater than in 2004, 22 with a slight increase observed in the number of judges per 100,000 inhabitants, which went from 9.5 to 9.69. 23 Table 1 Judicial Branch Budget as a Percentage of Bolivia s Public Sector Budget (In millions of Bolivianos) Year Public Judicial As a percentage of public sector budget Branch sector budget 2006 46,331 388 0.84% 2005 40,543 367 0.91% 2004 33,677 368 1.10% 2003 30,925 402 1.30% 2002 29,382 436 1.48% 2001 27,382 412 1.51% 2000 31,437 410 1.31% Source: Ministry of Finance of Bolivia.
82 Bolivia Table 2 Number of Judges per Judicial District (July 2006) Judicial District Number of judges Supreme Court 12 Chuquisaca 80 La Paz 206 Cochabamba 145 Oruro 71 Potosí 92 Tarija 72 Santa Cruz 167 Beni 61 Pando 27 Total 933 Source: JSCA, using data supplied by the Bolivian Judicial Branch. Table 3 Number of Employees in Each Judicial District (July 2006) Entity/agency Table 4 Computer Equipment in Judicial Branch Entities and Agencies (July 2006) # of Computers Supreme Court 135 Constitutional Court 105 Judicial Council 185 National Land Court 95 Judicial Institute 43 Beni District 178 Chuquisaca District 191 Cochabamba District 428 La Paz District 578 Oruro District 164 Pando District 90 Potosí District 184 Santa Cruz District 386 Tarija District 204 Total 2,966 Judicial Area Total number of employees Source: Supreme Court of Bolivia. Supreme Court 24 Chuquisaca 181 La Paz 417 Cochabamba 353 Oruro 159 Potosí 228 Tarija 176 Santa Cruz 367 Beni 151 Pando 66 Total 2,122 Source: JSCA, using data supplied by the Bolivian Judicial Branch. 2.7.2. Material Resources Almost 20% of the computers belonging to the Judicial Branch in 2006 were located in the Supreme Court, Constitutional Court, Judicial Council, National Land Court, and Judicial Institute, with the remaining 80% distributed among the remaining nine judicial districts. 2.8. Case Movement 2.8.1. Gathering Statistical Information Information was gathered from courts using a questionnaire designed for each type of court according to area of specialty. An Agreement of the Full Judicial Council instructed judicial employees to provide timely, consistent and reliable information. Questionnaires are distributed at the beginning of each administrative period requesting information for the preceding administrative year. The results are organized and systematized into pre-set tables for the Judicial Statistics Yearbook. As of 2002 the information gathered has been screened, classified and systematized by type of procedure, case resolution method, appeals processed, and sentencing outcome, among other variables. Updated judicial statistical information serves as the basis for decision making on the creation or suppression of courts or notary offices, for example, as well as for formulating planning and development policies.
Report on Judicial Systems in the Americas 2006-2007 83 Table 5 Cases Filed, Resolved and Pending 24 2005 2004 2003 Type of Matter Cases Cases Cases Cases Cases Cases Cases Cases Cases filed 25 resolved pending filed 26 resolved pending filed 27 resolved pending Civil 158,025 70,045 87,980 124,218 72,399 51,819 153,713 71,989 81,724 Criminal 97,231 27,433 69,798 78,152 29,405 48,747 - - - Family 46,019 19,759 26,260 35,683 19,139 16,544 32,787 18,348 14,439 Contentious-Administrative 4,672 773 3,899 4,310 1,076 3,234 4,431 869 3,562 Labor-Social 17,352 3,781 13,571 13,468 4,222 9,246 14,523 4,503 10,023 Minors-Adolescents 6,104 3,545 2,559 4,970 3,481 1,489 3,798 2,417 1,381 Provinces 83,457 43,146 40,311 68,660 44,739 24,041 62,501 37,335 25,166 Sentencing Courts 9,320 2,161 4,545 4,216 1,602 2,614 1,916 1,070 846 Total 422,180 170,643 248,923 333,677 176,063 157,734 273,669 136,531 137,141 Source: Supreme Court.
84 Bolivia 2.8.2. Case Movement Between 2004 and 2005 there was an increase of approximately 26% in the total number of cases filed within the justice system. More than 37% of the new matters were civil cases. The overall resolution rate in 2005 was 40.42%, which is almost 19% less than in 2003. The areas that registered the best resolution rate were minors and adolescents, with 58%, while contentious-administrative matters had a resolution rate of 16.55% Table 6 Resolution Rate Matters 2005 2004 2003 Civil 44.33 58.28 46.83 Criminal 28.21 37.63 - Family 42.94 53.64 55.96 Contentious-Administrative 16.55 24.97 19.61 Labor-Social 21.79 31.35 31.01 Minors-Adolescents 58.08 70.04 63.64 Provinces 51.7 65.16 59.74 Sentencing Courts 23.19 38.00 55.85 Total 40.42 52.76 49.89 Source: Supreme Court. 3. Public Ministry - Ministerio Público 28 3.1. Institutional Structure Under Bolivia s Constitution 29 the Public Ministry is responsible for criminal prosecution and for defending legality and the interests of the State and society. It oversees police action in criminal investigations; informs the victim of his or her rights in the criminal process and of the result of the investigation; and supervises the terms and conditions of judicial sentences. The Ministerio Público is independent of all other government agencies. The Prosecutor General (Fiscal General de la República) is the Public Ministry s highestranking official and exercises authority throughout the country and over all Public Ministry employees. This official is responsible for prosecuting the accused before the courts and any other duties established in the Constitution and laws of Bolivia. The Prosecutor General is appointed by Congress by a two-thirds vote of the members present. He or she holds office for a ten year period that may not be extended, and may only be reelected once an equivalent period to the term served has passed. The Prosecutor General s most important responsibilities include presiding over official acts, representing the Public Ministry and directing, guiding and generally overseeing the institution. The other bodies that form part of the Public Ministry are as follows: District prosecutors (fiscales de distrito) are the highest-ranking representatives of the Public Ministry within their districts (departamentos). They are appointed by the Chamber of Deputies by a two-thirds vote of all of its members from a list of candidates to the prosecutorial career and serve a renewable five-year term. Appeals prosecutors (fiscales de recursos) represent the Public Ministry before the Court of Appeals in the criminal ambit and present appeals for sentencing review. Special prosecutors (fiscales de materia) prosecute crimes before the court, and their responsibilities include overseeing police action and supervising the legality of investigative activities, intervening in all tasks during the preparatory stage and at the trial stage, along with other powers established by law. Assistant prosecutors are appointed by the District Prosecutor to assist special prosecutors in performing their duties. There are also special prosecutors who work in departmental capitals and handle the following types of cases: drugs, customs, young and adolescent offenders and anti-corruption matters. At national level, provincial prosecutors act as representatives of the Public Ministry. The Institute of Forensic Investigations also forms part of the Public Ministry, and is responsible for conducting all scientific studies needed by the Ministry or parties for criminal investigation, or for collecting evidence of other acts in response to a court order. The Institute consists of a National Office and other offices established according to the needs of the service. It is administratively and financially under the purview of the Prosecutor General s Office and is independent of all other government agencies. During 2004, the Public Ministry had a total of 411 prosecutors, or 4.5 per 100,000 inhabitants. Between 2002 and 2004, the number of prosecutors rose by 15%.
Report on Judicial Systems in the Americas 2006-2007 85 3.2. Government and Management The Public Ministry also houses the National Public Ministry Council, composed of the National Public Prosecutor, who chairs this body; district prosecutors; an Appeals Prosecutor; and a Special Prosecutor. Its powers include: proposing internal regulations to the National Public Prosecutor, issuing orders for the creation of new prosecutor offices according to the needs and requirements of the service, and proposing a short list of three candidates for appointment as Inspector General. The Council meets twice yearly and can also be convened by the National Public Prosecutor when he or she deems necessary. 3.2.1. Deficiencies Recognized by the Public Ministry Due to the limited budget allocated by the National Treasury, this agency does not have sufficient resources to conduct its prosecutorial functions. This is aggravated further by legal and administrative restrictions in assigning its resources. 3.3. Transparency, Accountability, and Access to Information The Chief Inspector s Office (Inspectoría General) is responsible for guaranteeing the proper functioning of the Public Ministry and ensuring and promoting its efficiency and effectiveness in the performance of its tasks. It is independent of all other state agencies. Its work includes receiving and processing accusations against prosecutors up to the level of district prosecutors, designing and implementing strategies aimed at strengthening society s confidence in the Public Ministry, and developing ongoing prevention programs for acts of corruption involving prosecutors, among others. The Chief Inspector is appointed by the National Public Prosecutor. Both the Constitution and the Public Employee Statute 30 establish the obligation of all state employees to declare their income and assets when assuming public office and on a yearly basis thereafter while in office. 31 Non-compliance with this requirement may lead to administrative and criminal sanctions. The General Inspector s Office (Contraloría General de la República) manages and oversees sworn statements of income and assets. According to the second edition of JSCA s Index of Online Access to Judicial Information, Bolivia s Public Ministry ranked 9 th among the 34 countries of the OAS in online provision of information. This represents a drop of one place since 2004, although its overall index rose from 29.9% to 32.4% in that time. 32 3.4. Budget Between 2001 and 2006, the budget of the Public Ministry rose by 126%, while its percentage of the country s total public sector budget rose by 31.25%. The average annual rate of growth for the 2001-2006 period was 20%. Table 7 Public Ministry Budget as a Percentage of Bolivia s Public Sector Budget Year Budget in Budget in Percentage Bolivianos USD 33 of total public sector budget 2006 97,357,887 11,975,860 0.21% 2005 103,777,179 13,061,685 0.26% 2004 83,123,469 11,941,928 0.25% 2003 80,123,469 11,141,694 0.26% 2002 70,295,421 10,202,528 0.24% 2001 43,052,850 7,163,535 0.16% Source: Ministry of Finance. 3.5. Human and Material Resources 3.5.1. Human Resources In 2006 there was a rate of 4.08 prosecutors per 100,000 inhabitants, which is almost 10% lower than in 2004. It is worth noting that women account for 34% of all prosecutors and almost 43% of all administrative staff in this office. 3.5.2. Material Resources In 2006 there were 554 computers, 20% of which were located in the Prosecutor General s Office, with the remaining 80% distributed among the nine federal district offices. All of the computers in the Prosecutor General s Office and in the district capitals of Chuquisaca, La Paz and Potosí have Internet access, while the provincial offices have no such access.
86 Bolivia Table 8 Human Resources (2006 fiscal year) Prosecutors Administrative Personnel Total Departamentos and Men Women Men Women Total per Prosecutor General s Departamento Office Beni 16 8 5 11 40 Chuquisaca 23 9 19 17 68 Cochabamba 39 29 29 24 121 La Paz 63 35 58 33 189 Oruro 13 5 10 9 38 Pando 5 3 4 6 18 Potosí 25 3 12 8 48 Santa Cruz 60 28 33 18 139 Tarija 15 11 9 12 47 Prosecutor General s Office 1 1 48 32 82 Total 260 133 227 170 790 Source: Public Ministry. Table 9 Computer Equipment (Year 2006) Headquarters Number of Percentage of and Federal computers computers with Districts per office Internet access Prosecutor General s Office 111 100% Capital Provinces Chuquisaca 41 100% 0% La Paz 153 100% 0% Santa Cruz 72 50% 0% Cochabamba 86 15% 0% Oruro 18 0% 0% Tarija 28 0% 0% Potosí 22 100% 0% Beni 14 0% 0% Pando 9 0% 0% Source: Public Ministry. 3.6. Case Movement From January to May 2006, the criminal court section of the Prosecutor General s Office received 358 cases, 285 of which were processed, leaving 73 awaiting action. All cases pending from the 2005 administrative period (252) were processed. Furthermore, 80% of cases filed during the 2006 administrative period were dispatched. 34 3.6.1. Indicators for Criminal Procedure Reform The second stage of the Criminal Procedure Reform Support Project financed by the GTZ Agency (July 2004 - June 2007) 35 has achieved the following results: 36 A 30% decrease in the number of cases brought before the Public Ministry and rejected by the same due to errors committed during the investigation stage in the departmental capitals of La Paz, Cochabamba and Santa Cruz. A 40% decrease in the number of cases presented on appeal and rejected by the higher courts of the departmental capitals of La Paz, Cochabamba and Santa Cruz, because of procedural errors. Prosecutors in the capitals of 9 departamentos including La Paz, Cochabamba, Santa Cruz and Sucre, raised the number of requests for an alternative outcome in criminal proceedings by 20%.
Report on Judicial Systems in the Americas 2006-2007 87 Justice operators at national level and in the administrative districts of La Paz, Cochabamba, Santa Cruz and Sucre have cooperation mechanisms in place that rely on regular, ongoing communication that provide a framework for reaching the corresponding agreements. 4. Public Defense 37 4.1. Institutional Structure Created in 2003, 38 the National Public Defense Service (NPDS) is a public institution with offices in the capital cities of the country s nine departamentos, with a mandate to guarantee the constitutional right of defense of all people with a low income and those who have not hired private counsel to defend them. The Public Defense Service is led by a National Director who oversees all members of the service. He or she is chosen by the President from a shortlist approved by the Lower House. The National Director serves a five-year term and may be reelected. The remaining structure of the NPDS is as follows: District directors Public defenders, nominated by a District Director, following a public merit-based competition Assistant attorneys Social workers, responsible for investigating and evaluating the socio-economic situation of the individuals who request the service Social assistants. The Public Defender accompanies his or her defendant throughout the different procedural stages, assisting at all phases of the process including provisional hearings, application of alternative outcomes, oral trial, presentation of appeals and sentence enforcement. Public Defenders are available around the clock through local police stations. The responsibilities of the Public Defense Service are: To offer the service from the first procedural act until enforcement of judgment To offer technical assistance to individuals during extradition procedures as provided for by law To charge for defense services incurred while representing their cases where the individual proves to be solvent but has refused to hire private counsel. In the second half of 2004 the NPDS began operating the Justice Administration System and drafted its Institutional Plan of Action for the 2005-2009 period. This Plan was modified in 2006 when the new operational model was developed. Under the new model, all forms of criminal defense are grouped together under the NPDS, effectively becoming the country s Criminal Defense System. Links with the other institutions that form part of this structure have been developed through inter-institutional agreements. The NPDS was under the purview of the Ministry of the Presidency reporting directly to the Vice-Minister of Justice. However, in 2006 the Executive Branch Organizational Law 39 made it a decentralized body under the purview of the Ministry of Justice. To ensure that the NPDS fulfills its responsibility to manage and coordinate assume the entire Bolivian Public Defense System, the following objectives were established: Redesign of processes Quality management systems introduced Information systems put in place Criminal Technical Training Institute set up Organizational Development Plan established Legal framework established 4.2. Government and Management District Directors of this service are responsible for both resource administration and office organization in their respective districts. 4.2.1. Eligibility Requirements Candidates to the office of Public Defender must submit to a public merit-based competition. Selected applicants with the highest scores in the technical knowledge test (above 70%) are then interviewed by the Selection Committee; candidates who score the highest marks are selected to fill vacant positions. 4.2.2. Disciplinary Control In 2003 the Office for Supervision and Control 40 was created with the aim of implementing disciplinary control over employees. The main concerns of this entity are:
88 Bolivia Applying the disciplinary regime Applying control procedures to ensure efficient service Detecting problems in operational management and promoting alternatives to resolve such problems (case follow-up system based on an information network; legal audit and review of processes; assistance in oral hearings; interviews of prison inmates; interviews with judges and prosecutors). 4.2.3. Deficiencies Recognized by the National Public Defense Service According to the NPDS, the main limitation to its performance is the lack of financial resources, which results in the following deficiencies: Lack of economic balance with the Public Ministry High staff turnover due to low salaries Limited coverage in rural areas Limited number of defenders Only 10% of financial resources needed for operational aspects are available No resources available to invest in training activities. 4.3. Transparency, Accountability, and Access to Information As a public servant, the Public Defender must make a sworn statement of income and assets. 4.4. Reform Projects Underway The NPDS is implementing a process to develop and strengthen the institution, implemented with the cooperation of the CHECCHI/USAID Bolivia agency under the framework of the Justice Administration Program. 41 4.5. Budget The NPDS budget decreased by almost 4% between 1999 and 2006. In 2004, the Constitutional Tribunal declared unconstitutional the clause in Article 62 of the National Public Defense Service Law that mandates the transfer of 5% of Judicial Branch resources to the NPDS. 42 Faced by this critical situation, USAID/BOLIVIA used a cooperation agreement to make a donation of 1,530,356,00 Bolivianos to the service in order to cover the institution s operating costs from May to August 2005. Thanks to lobbying of the Ministry of Finance by NPDS, the Vice- Minister of Justice and the Participation and Justice Network (Civil Society), an emergency budget of 2,500,000 Bolivianos was allocated by the Treasury to cover operating costs for the rest of that year. 4.6. Human and Material Resources 4.6.1. Human Resources In 2006 there was a rate of 0.66 public defenders per 100,000 inhabitants in Bolivia. Although the actual number of defenders has not varied since 2004, the rate has dropped by 17.5%. It is worth noting that half of all defenders are women, as are more than 73% of all NPDS administrative personnel. Table 10 Budget Year Budget in Bolivianos Budget in US dollars 2006 5,957,938 737,368 2005 6,549,674 812,614 2004 6,462,136 820,068 2003 5,624,088 746,890 2002 5,540,432 804,126 2001 6,437,459 1,004,283 2000 5,162,979 859,064 1999 6,192,055 1,095,939 Source: JSCA, based on data supplied by the National Public Defense Service. Table 11 NPDS Human Resources Date 2006 2005 2004 Total number of public defenders 64 64 64 Total number of male public defenders 32 33 28 Number of other staff members 38 38 38 Number of other male staff members 10 9 9 Total 102 102 102 Source: National Public Defense Service.
Report on Judicial Systems in the Americas 2006-2007 89 4.6.2. Material Resources In 2006, 37% of computers in the Service were connected to Internet, up from 4% in 2004. Table 12 Technical Resources Date 2006 2005 2004 Number of computers 70 58 49 Number of computers connected to the Internet 26 5 2 Source: National Public Defense Service. 4.7. Case Movement In August 2006 65% of all cases handled by NPDS were concentrated in three departamentos La Paz, Cochabamba, and Santa Cruz. Furthermore, 27% of judicial cases pertain to the departamento of La Paz, which includes the cities of La Paz and El Alto; 16% are in the city of Cochabamba and 21% are in the departamento of Santa Cruz. Table 13 Annual Variation in Number of Cases Filed (January August 2005 versus 2006) 2006 2005 Variation January 5,024 3,924 +28.03% February 5,109 3,557 +43.63% March 5,194 3,748 +38.58% April 5,330 3,777 +41.12% June 5,529 3,891 +42.10% July 5,516 3,902 +41.36% August 5,748 4,372 +31.47% Source: JSCA, using data supplied by the NPDS. In August 2006, defendants were released in 55% of all cases. In turn, 73% of cases corresponded to common crimes and the rest to crimes related to controlled substances. 43 For the same period, 17% of all cases involved women. 5. The Police 44 5.1. Institutional Structure 5.1.1. Responsibilities and Organization The National Police is responsible for all policing activities in the country. This function is centralized under a single command with different hierarchical levels, culminating in local police forces. Its principal objective is to maintain public order, defend Bolivian society and guarantee respect for the law. According to the National Police Statutes, in order to fulfill its tasks this body is organized into a Central Administration and a Decentralized Administration, which comprise the following departments: Management and Control; Discipline; Guidance and Support; and decentralized offices. 5.1.2. Training The training system of the Bolivian Police force is currently in a transition period. The Mariscal Antonio José de Sucre Police University (UNIPOL) is currently being established to group together undergraduate and graduate academic programs that are offered by training schools such as the National Police Academy, the Police Agents School, and the Higher Police School, which train future police officers. Officers receive a State scholarship for their programs of study after taking entrance exams and tests. 5.1.3. Role of the Judicial Police The National Police of Bolivia also carries out judicial policing tasks. Both the Public Ministry Charter and the Criminal Procedure Code establish the responsibility of the police to identify and apprehend the suspects through the investigation of crimes; to identify and support crime victims; to gather, analyze, and safeguard evidence; and to undertake all tasks deemed necessary by the prosecutor coordinating the investigation, enquiries that are subsequently surrendered to the competent authorities. The National Police Charter 45 makes this entity responsible for judicial policing tasks, apprehending criminals and suspects, and placing them at the disposal of the appropriate authorities. The Criminal Procedure Code provides the agency with the following powers, among others:
90 Bolivia To receive and record complaints and statements To receive statements from and identify witnesses to a crime To gather data to assist in identifying the accused and any accomplices To apprehend presumed perpetrators and other participants in crimes To provide assistance to victims and protection to witnesses To gather and preserve all objects and instruments found at the scene of the crime 5.2. Transparency, Accountability, and Access to Information The police corps includes a section dedicated to the integrity, oversight, and management of the force the National Police Inspector General, which is composed of the institution s High Command. This agency monitors the efficiency of police services by inspecting, investigating, and reporting on the organization s various agencies. The police also have a National Office for Professional Responsibility (Dirección Nacional de Responsabilidad Profesional), which handles internal oversight and transparency. Table 14 Permanent Expulsions as a Result of Disciplinary Procedures 2006 2005 2004 Due to desertion 74 152 25 Due to other infractions 5 16 3 Source: National Police of Bolivia. 5.3. Budget The National Police budget grew by 47% between 2000 and 2006, with an average annual growth rate of 8.5%. Table 15 Executed Budget Year Budget in Bolivianos Budget in U.S. dollars 2006 704,072,476 87,137,682 2004 607,085,102 77,041,256 2003 565,831,610 75,143,640 2002 502,034,952 72,864,289 2001 556,527,754 86,821,802 2000 479,056,236 79,709,856 Source: JSCA based on data supplied by the National Police. 5.4. Human Resources Between 2004 and 2006, the Bolivian police corps expanded by 12.62% to 29,677 officers, though the number of officers assigned to control drug trafficking dropped by 9%. In all, 11.64% of all police officers are women; however, no woman has been promoted to the rank of General, and only one of the force s 367 colonels is a woman. In 2004, the percentage of active women officers stood at 9.84%. 5.5. Arrests Between 2004 and 2005, the number of arrests rose by 40%. Table 16 Reasons for Arrests 2006 (first 2005 2004 semester) Crimes 4,648 12,385 5,094 Vehicle theft 591 1,374 979 Misdemeanors and less serious crimes 17,036 35,931 23,870 Traffic accidents 4,283 15,126 11,942 Traffic violations 6,502 15,909 12,863 Domestic violence 5,707 12,462 11,210 Other 2,418 4,376 4,138 Total 41,185 97,563 70,096 Source: National Police.
Report on Judicial Systems in the Americas 2006-2007 91 6. Ombudsman s Office 46 Bolivia s Constitution establishes the Defensoria del Pueblo as an institution that safeguards respect for and fulfillment of people s rights and guarantees in their dealings with the public administration. It also defends, promotes and publicizes human rights. As a congressionally appointed Commission, the role of this Office is to defend and protect individual and collective rights and guarantees enshrined in the Constitution and the laws. The jurisdiction of this Office covers the whole country, including the central and decentralized public administration, autonomous bodies, municipal governments and all State institutions, whatever their legal composition. It also includes private cooperatives and corporations that provide public services. In carrying out its functions it is independent of all other entities. The organization is led by the Ombudsman (Defensor del Pueblo), who is elected by Congress for a five-year term and may be reelected for one additional period. The Ombudsman must submit a written, annual report to Congress. To carry out its tasks the Office has assistants who are chosen by the Ombudsman and who must also be ratified by Congress. The body also has a Secretary General who appoints technical and administrative staff. 7. Registry System 47 The Judicial Branch is responsible for maintaining the Real Estate Register and has created policies to allow records to be kept of all properties in an Integrated Information System (Folio Real) in order to provide legal security. There are two types of rights: Principal: property, beneficial interest, and easements Accessory: mortgage, pledges, and antichresis One characteristic of this area is its public nature, as no right may cause repercussions for a third party after it is made public according to the procedures set down in the Civil Code. IV. Criminal Procedure 48 1. Description In 1999 an agreement was reached on the text of Bolivia s new Criminal Procedure Code (CPC), thereby initiating the two-stage criminal procedure reform: one year following its approval the new regime of preventive measures, alternative case resolution and prescription regulations came into force; two years after the agreement, on 31 May 2001, the new CPC entered fully into force. 49 Among other things, the criminal procedure reform in Bolivia led to the following changes: strict separation of the functions of accusation and judgment; adjustment of preventive measures in response to the needs of the procedural system; clear recognition of the right to defense and oral procedures. Alternative forms of case resolution for criminal proceedings are also contemplated in the new code (plea bargains and conciliation), as are the recognition of the right to be judged by one s peers through the introduction of a citizen s judge; a reassessment of the victim s role; and recognition of appeal as a guaranteed right. 50 The new criminal procedure is similar to that proposed in the Model Criminal Procedure Code for Iberian-America, with adjustments to the Continental European system and local procedures (such as community justice). 51 The new system consists of four stages: Preparatory stage: the investigation and preparation of the trial are carried out by a prosecutor under the supervision of an investigative court judge. The prosecutor has six months (180 days) to investigate the crime and may either propose alternative sentences or plea bargain, or present the case before a judge or sentencing court. Oral trial stage: this is carried out in a sentencing court, staffed by two technical judges and three citizen judges. Appeals stage Sentencing stage The public nature of hearings is addressed somewhat in the Law of Judicial Organization but the Criminal Procedure Code expressly indicates that all parts of the process shall be held in public. 52 Under the old system, cases lasted between two and six years. Under the new Code, the average is from six to twelve months. The average duration of the investigation stage is 336 days, while that of the accusatory and oral stages comes to 134 days. 53 2. Prison Population The penitentiary system is public and state-run and comes under the purview of the Executive
92 Bolivia Branch through the Ministry of Government. Its executive agency is the General Directorate of Penitentiaries, which reports to the Vice-Ministry of Government. The Sentence Enforcement and Supervision Law defines the structure and organization of the penitentiary administration, whose main function is to plan, organize, and oversee the national prison system. Between 1998 and 2006 Bolivia s prison population increased by 5.6%, with overall annual growth of 3.2%. The number of female prisoners dropped by 22% over the same period, but there has been an overall rise of 3% since 2001. Table 17 Prison Population Year Total Prison Population Female Prisoners (%) 2005 6,793 13.44 The Law of Judicial Organization establishes publicity as a guiding principle for hearings in the administration of justice, except where this may offend public morals and propriety. VI. Legal Profession 1. Legal Practice 56 Between 2003 and 2006, the number of attorneys in Bolivia increased by over 43%. During that period the rate of active attorneys per 100,000 inhabitants increased by 34% to 290. Table 18 Practicing Attorneys by Judicial District (2006) 2004 6,495 13.99 Judicial District Licensed Attorneys 2003 5,669 13.12 2002 6,065 12.38 2001 5,577 12.08 2000 8,151 17.09 1999 8,084 15.38 1998 6,149 17.89 Source: CEJIL. Regional Report on Women in Prison, 2007. La Paz 7,588 Santa Cruz 6,038 Tarija 1,400 Cochabamba 5,681 Potosí 1,767 Chuquisaca 2,345 Oruro 2,345 Potosí 625 V. Civil Procedure 54 Civil procedure in Bolivia is governed by the Civil Procedure Code and is generally written, public, and dispositive (moved forward by the parties). These procedures also include preclusion and eventuality, immediacy as regards evidence; occasional ex oficio case advancement; broad discretion in assessing evidence; and is normally subject to a double instance or review. Where one party does not agree with the outcome of the case, there are two further instances first an appeal in the higher district courts, and then a petition for annulment before the Supreme Court. The Constitution prohibits the existence of special courts, affirming that no one may be tried by a special commission or placed before judges other than those who were previously assigned to hear the case. 55 Pando 193 Total 27,982 Source: Bolivian Bar Association. Individuals who wish to practice law in Bolivia must: Be a Bolivian citizen Be entitled to all civil and political rights Not have been charged for a crime that involves a prison sentence or professional disbarment Not have been suspended through a sentence passed by the Honors Tribunal of the Bar Association, or to have not paid the registration fee Be registered and paid up under the statutes of the District Bar Association
Report on Judicial Systems in the Americas 2006-2007 93 Accredit through declarations by the Chamber Secretary, General Secretary of the Bar Association or attorneys with whom the person has worked, that he or she has worked in the legal profession for two consecutive years, as stipulated in the Statute of Attorneys on the occupation of auxiliary posts in the courts or judicial offices within the public administration. Foreigners wishing to practice law in Bolivia must first validate their qualifications before registering with the Bar Association. Attorneys in the Bolivian legal profession are organized in accordance with the Attorneys Law, which stipulates that they must register with the Bar Association of the judicial district in which they are working. Upon registering, the attorney has full voting rights in Bar Association assemblies, some of which provide libraries, life insurance, medical insurance, basic medical services, sporting infrastructure, and country club facilities. The Bolivian Bar Association (Colegio Nacional de Abogados), a public legal entity, is the highest representative body of the country s attorneys and has a broad range of powers to defend their rights and interests without the need of special authorization. VII. Complementary Issues 1. Alternative Dispute Resolution 57 Bolivian legislation provides for conciliation and arbitration as alternative dispute resolution mechanisms. While arbitration is applied in commercial cases, conciliation can be used to resolve any negotiable dispute before or during proceedings. This is not carried out in cases to which the State is a party, however. As with other countries in the region, the implementation of these mechanisms in Bolivia has been weak, in most cases reaching only a very small percentage of the caseload. 58 In 2004 the Integrated Justice Centers (Centros Integrados de Justicia) were established, offering information services, legal guidance and human rights training. They also provide conciliation between parties through non-adversarial, voluntary arrangements; access to formal justice with judges and prosecutors; and free legal advice. VIII. Improvements and Reform Projects 1. Projects Financed with Local Resources New Forms of Organization in the La Paz District Prosecution Service: Faced by persistent problems in the implementation of criminal procedure reform, the La Paz district prosecutor implemented two pilot projects that incorporate a new organizational approach for the Public Ministry that includes the Immediate Response Unit and a Victim Assistance Service. 59 The first is responsible for reviewing cases filed and separating those that can be resolved with dismissal or alternative outcome from those that need more investigation. In spite of some problems, the initiative resulted in significant quantitative and qualitative achievements. The latter will be addressed in the following section. Five-Year Plan 2006-2010: The Public Ministry has drafted a plan that takes a systematic, technical approach to short, medium, and long term planning aimed at meeting the strategic objectives of the Public Ministry and measuring its results and achievements. Creation of New Prosecution Units: The Prosecutor General created new prosecution units in the departamentos of Chuquisaca, Beni, Santa Cruz, Cochabamba, Potosí, and Pando in areas with new investigative and sentencing courts. 60 Criminal Prosecution Policy: 61 In 2006 the Public Ministry presented a criminal prosecution bill before the Constituent Assembly. Mutual judicial assistance and cooperation in criminal affairs within the MERCOSUR and Associated States in the area of organized transnational crime: In June 2006 an agreement was signed during the Specialized Meeting of MERCOSUR Public Ministries, the aim of which was to support the process of transformation and consolidation of the criminal prosecution service. Efforts were made to establish information exchange systems and shared data banks for the exclusive use of organizations with jurisdiction in this area and that are involved in investigations of offenses linked to organized crime and related felonies. MERCOSUR s Security Information Exchange System (SISME) will allow Public Ministries to develop and optimize a technological tool that organizes and assists prosecutors to intervene following the notitia