Information Pack for British Prisoners in Bolivia Author British Embassy La Paz Date June 2015
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- How can appeals be made
- What provision is there for early release e.g. on parole
- What provision is there for clemency or pardon
- What about any financial penalties
- Is transfer to the UK a possibility
- Additional Information Volunteer Workers
SentencesAfter studying the case, usually for several months at least, the judge schedules a hearing to read the decision (the “sentencia”) or first degree sentence. The judge can find a person innocent, absolved (meaning that the evidence was not sufficient either to convict or prove innocence), or guilty. No matter what the judge decides, the decision is automatically reviewed by the District Superior Court, which may confirm the decision, lower, raise, or annul the sentence. They can also impose a sentence where there was none before. Before the case goes to the Departmental Justice Court, it is passed to the district prosecutor of Controlled Substances for a recommendation. Once the district prosecutor has completed the review, the lawyers or the defendants also have the opportunity to present formal statements in writing, making their own recommendation and comments to the said Court. Once the case reaches the Court, it is assigned to the Penal Chamber, one of the four chambers of the Court, and within that section one higher judge or “vocal” is given the responsibility for drafting the decision of the court. The draft decision must then be ratified by a majority of the judges in the Chamber. According to the law, the Court has 15 days to make this decision but usually it takes longer, can be up to three months. After the decision has been rendered by the Court, the district prosecutor of controlled substances and the defence attorneys are officially notified. Decisions by the Court are subject to review by the Supreme Court of Justice in Sucre. The process in the Supreme Court is similar to that of the Departmental Justice Courts. However, due to the heavy workload that the Supreme Court has, months usually go by before the Court renders a decision. The Supreme Court has absolute reviewing authority in matters of sentencing, no matter what the lower courts have decided. The decision by the Supreme Court is called an “Auto Supremo” and is final. How can appeals be made?Your lawyer can help you appeal to the court’s decisions when eligible. What provision is there for reduction of sentence (remission) e.g. for good behaviour?Once you have been sentenced you may apply for parole based on good behaviour. Depending on the case, you could apply for a reduction of sentence as well. You should ask your lawyer for advice on this. What provision is there for early release e.g. on parole?A person who receives a sentence confirmed by the Supreme Court is eligible for parole (libertad condicional) after serving two-thirds of the sentence. To obtain parole, application must be made to the judge who rendered the first-degree sentence in the case. (The sentence begins once it has been notified by the Judge, and the waiting time does not count as part of the sentence).The judge requests a certificate of good conduct from the warden of the prison. If the judge finds no objection to release, fines and court costs (usually US$ 50 to US$ 125) are paid and the individual is released. The terms of parole normally require that the parolee remain in Bolivia and report to a judge periodically, as well as fulfil certain other conditions until the remainder of the sentence is completed. Given the requirement to remain in Bolivia, parole is difficult to obtain for foreigners who are not residents of Bolivia. What provision is there for clemency or pardon?A recent disposition called “indulto” allows prisoners who have been sentenced to apply for a full pardon after serving 1/3 of their sentence. Prisoners with disabilities or a serious illness may apply for an early pardon or “indulto”.What about any financial penalties?A sentence can result in a financial penalty rather than prison time. This is unlikely in narcotics cases. Is transfer to another prison within Bolivia possible?It is possible but not easy. Your lawyer can give you proper advice. Is transfer to the UK a possibility?Yes. If you wish to be transferred to a UK prison you must tell our consular staff so we can work explain the requirements and provide assistance with the request. What are the procedures for release and deportation?After being released you will need to clear any fines with Immigration. Immigration can waive the fine for the time spent in prison if you can submit relevant evidence. In some cases, you may be expelled from the country upon your release; you would need to cover the costs of your deportation and you will not be admitted back into Bolivia. Additional InformationVolunteer WorkersThere are some charitable organisations who volunteer at the prisons, mostly religious or related to human rights. You may be visited by these organisations if you wish to.Prisoners AbroadSince 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form. Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:
Prisoners Abroad 89 – 93 Fonthill Road London N4 3JH UK Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time) Email: info@prisonersabroad.org.uk Website: www.prisonersabroad.org.uk Directory: government -> uploads -> system -> uploads -> attachment data -> file file -> Voluntary and mandatory surrenders 2013 file -> Tensions in Sino-Japanese Relations in 2012 and 2013: Plus ça change? file -> Review of Gaming Machine Stake and Prize Limits file -> E-bulk rb system Test Plan commercial contents file -> Consular section file -> Documents that can be used as proof of address and identity file -> Positive for Youth Discussion Paper June 2011 Capital infrastructure to support services for young people file -> Open Source Software Options for Government Version 0, April 2012 Aim file -> Aviation House 125 Kingsway Download 193.36 Kb. Share with your friends:
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