BOLIVIA


Follow-up - Jurisprudence

            Action by Treaty Body


CCPR A/51/40, vol. I (1996)


VIII. FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


...


429. A country-by-country breakdown of follow-up replies received or requested and outstanding as at 26 July 1996 provides the following picture:


...


Bolivia: Two views finding violations; no follow-up reply received, in spite of reminders addressed to the State Party on 9 December 1994. Follow-up consultations with the Permanent Mission of Bolivia were conducted during the fifty-seventh session.


...


Concern over instances of non-cooperation under the follow-up mandate


463. In spite of the progress in collecting follow-up information since the adoption of the last annual report, the Committee and the Special Rapporteur note with concern that a number of countries did not provide any follow-up information within the deadlines established by the Committee or have not replied to reminders or requests for information from the Special Rapporteur. The States that have not replied to requests for follow-up information are the following:


Bolivia (no reply in respect of two cases);


...


464. The Special Rapporteur urges these States parties to reply to his requests for follow-up information within the imparted deadlines.





CCPR A/52/40, vol. I (1997)


VIII. FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


...


524. A country-by-country breakdown of follow-up replies received or requested and outstanding as of 30 June 1997 provides the following picture (Views in which the deadline for receipt of follow-up information had not yet expired have not been included):


...


Bolivia: Two Views finding violations: 176/1984 -Peñarrieta et al. (1988 Report);11/ 336/1988 -Bizouarn and Fillastre (1992 Report);4/ follow-up replies dated 8 and 23 April 1997 have been received (see below, paras. 529-531).


...


Overview of follow-up replies received and of the Special Rapporteur's follow-up consultations during the reporting period


...


529. Bolivia: On 25 March 1997, the Special Rapporteur met with the delegation of Bolivia which presented the third periodic report of Bolivia to the Committee, under article 40 of the Covenant, to discuss the State party's failure to implement the Committee's recommendations on the Views in cases No. 176/1984 (Peñarietta et al.), adopted on 2 November 1987, and No. 336/1988 (Bizouarn and Fillastre), adopted on 5 November 1991. The Special Rapporteur regretted that no replies had been received from the State party, in spite of follow-up consultations held in the summer of 1996; he pointed to government and constitutional changes in recent years, which should prompt the Government to give effect to the Views in the two cases. The State party's representative promised that follow-up replies would be forwarded as soon as possible; the replies are summarized below.


530. By submission of 8 April 1997 concerning communication No. 176/1984 (Peñarietta et al.), the State party observes that the treatment the authors claim they were subjected to are criminal offences under the Criminal Code of Bolivia, for which the statute of limitations is five years. Civil actions are no longer possible once the statutes of limitations for the criminal offences apply. The State party adds that it has solicited further information on the case from the military tribunal and that any further information will be forwarded to the Committee.


 _________

            11/ [Official Records of the General Assembly], Forty-third Session, Supplement No. 40 (A/43/40).

            4/ Official Records of the General Assembly, Forty-seventh Session, Supplement No. 40 (A/47/40).


531. By submission of 23 April 1997 concerning the Views on case No. 336/1988 (Bizouarn and Fillastre), the State party submits that the authors of the communication were released from detention on 3 June 1993 and immediately left Bolivia; they have not filed any claim for compensation subsequently. The State party also notes that its domestic legislation governing bail was changed so as to comply with the Committee's finding on article 9, paragraph 2, of the Covenant, and that the judicial system is being reformed in order to avoid future violations of article 9, paragraph 3, of the Covenant.





CCPR A/53/40, vol. I (1998)


VIII. FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


...


486. The Committee's previous report (A/52/40) contained a detailed country-by-country breakdown of follow-up replies received or requested and outstanding as of 30 June 1997. The list that follows shows the additional cases in respect of which follow-up information has been requested from States (Views in which the deadline for receipt of follow-up information had not yet expired have not been included). It also indicates those cases in which replies are outstanding. In many of these cases there has been no change since the previous report. This is because the resources available for the Committee's work were considerably reduced in the current year, preventing it from undertaking a comprehensive systematic follow-up programme.


...


Bolivia: Two Views finding violations: see 1997 Report (A/52/40), para. 524.





 


CCPR A/54/40, vol. I (1999)


VII. FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


461. The Committee's previous report (A/53/40) contained a detailed country-by-country breakdown of follow-up replies received or requested and outstanding as of 30 June 1998. The list that follows shows the additional cases in respect of which follow-up information has been requested from States (Views in which the deadline for receipt of follow-up information had not yet expired have not been included). It also indicates those cases in which replies are outstanding. In many of these cases there has been no change since the last report. This is because the resources available for the Committee's work have been considerably reduced preventing it from undertaking a comprehensive systematic follow-up programme.


...


Bolivia: Two Views finding violations: see A/52/40, para. 524.



CCPR A/55/40, vol. I (2000)


VI. FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


...


596. The Committee’s previous report (A/54/40) contained a detailed country-by-country breakdown of follow-up replies received or requested and outstanding as of 30 June 1999. The list that follows shows the additional cases in respect of which follow-up information has been requested from States. (Views in which the deadline for receipt of follow-up information had not yet expired have not been included.) It also indicates those cases in which replies are outstanding. In many of these cases there has been no change since the last report. This is because the limited resources available for the Committee’s work prevent it from undertaking a comprehensive or systematic follow-up programme.


...


Bolivia: Two Views finding violations: 176/1984 - Peñarrieta (A/43/40); for follow-up reply see A/52/40, para. 530; 336/1988 - Bizouarn & Fillastre (A/47/40); for follow-up reply see A/52/40, para. 531.




CCPR A/56/40, vol. I (2001)


Chapter IV. Follow-up Activities under the Optional Protocol


...


180.     The Committee’s previous annual report (A/55/40, vol. I, chap. VI) contained a detailed country-by-country survey on follow-up replies received or requested and outstanding as of 30 June 2000. The list that follows updates that survey, indicating those cases in which replies are outstanding, but does not take into account the Committee’s Views adopted during the seventy-second session, for which follow-up replies are not yet due. In many cases there has been no change since the previous report.


...


Bolivia: Two Views finding violations: 176/1984 - Peñarrieta (A/43/40); for follow-up reply, see A/52/40, paragraph 530; 336/1988 - Bizouarne and Fillastre (A/47/40); for follow-up reply, see A/52/40, paragraph 531.


CCPR A/57/40, vol. I (2002)


Chapter VI. Follow-up activities under the optional protocol


...


228. The previous annual report of the Committee (A/56/40, vol. I, chap. VI) contained a detailed country-by-country survey of follow-up replies received or requested and outstanding as of 30 June 2001. The list that follows updates that survey, indicating those cases in which replies are outstanding, but does not include responses concerning the Committee’s Views adopted during the seventy-fourth and seventy-fifth sessions, for which follow-up replies are not yet due. In many cases there has been no change since the previous report.


...

 

Bolivia: Views in two cases with findings of violations: 176/1984 - Peñarrieta (A/43/40); for follow-up reply, see A/52/40, paragraph 530; 336/1988 - Bizouarne and Fillastre (A/47/40); for follow-up reply, see A/52/40, paragraph 531.


...


229. For further information on the status of all the Views in which follow-up information remains outstanding or in respect of which follow-up consultations have been or will be scheduled, reference is made to the follow-up progress report prepared for the seventy-fourth session of the Committee (CCPR/C/74/R.7/Rev.1, dated 28 March 2002), discussed in public session at the Committee’s 2009th meeting on 4 April 2002 (CCPR/C/SR.2009). Reference is also made to the Committee’s previous reports, in particular A/56/40, paragraphs 182 to 200.



CCPR A/58/40, vol. I (2003)


CHAPTER VI. Follow-up activities under the Optional Protocol


...


223. The previous annual report of the Committee1 contained a detailed country-by-country survey of follow-up replies received or requested and outstanding as of 30 June 2002. The list that follows updates that survey, indicating those cases in which replies are outstanding, but does not include responses concerning the Committee’s Views adopted during the seventy-seventh and seventy-eighth sessions, for which follow-up replies are not yet due in the majority of cases. In many cases there has been no change since the previous report.*


...

 

Bolivia:                       Views in two cases with findings of violations:

 

176/1984 - Peñarrieta (A/43/40); for follow-up reply, see A/52/40, paragraph 530;

 

336/1988 - Fillastre and Bizouarne (A/47/40); for follow-up reply, see A/52/40, paragraph 531.



Notes


1. [Official Records of the General Assembly], Fifty-seventh Session, Supplement No. 40(A/57/40), vol. I, chap. VI.


* The document symbol A/[Session No.] /40 refers to the Official Record of the General Assembly

in which the case appears; annex VI refers to the present report, vol. II.




CCPR A/59/40 vol. I (2004)


CHAPTER VI. FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


...


230. The previous annual report of the Committee1 contained a detailed country-by-country survey of follow-up replies received or requested and outstanding as of 30 June 2003. The list that follows updates that survey, indicating those cases in which replies are outstanding, but does not include responses concerning the Committee’s Views adopted during the eightieth and eighty-first sessions, for which follow-up replies are not yet due in the majority of cases. In many cases there has been no change since the previous report.*


...


Bolivia:

Views in two cases with findings of violations:

 

176/1984 - Peñarrieta (A/43/40); for follow-up reply, see A/52/40, paragraph 530;

 

336/1988 - Fillastre and Bizouarne (A/47/40); for follow-up reply, see A/52/40, paragraph 531.



_______________

Notes


1/ Ibid., Fifty-eighth Session, Supplement No. 40 (A/58/40), vol. I, chap. VI.


* The document symbol A/[session No.]/40 refers to the Official Records of the General Assembly in which the case appears; annex IX refers to the present report, volume II.







CCPR, A/60/40 vol. I (2005)


CHAPTER VI. FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


224. In July 1990, the Committee established a procedure for the monitoring of follow-up to its Views under article 5, paragraph 4, of the Optional Protocol, and created the mandate of the Special Rapporteur for the follow-up on Views to this effect. Mr. Ando has been the Special Rapporteur since March 2001 (seventy-first session).


225. In 1991, the Special Rapporteur began to request follow-up information from States parties. Such information has been systematically requested in respect of all Views with a finding of a violation of Covenant rights. A total of 391 Views out of the 503 Views adopted since 1979 concluded that there had been a violation of the Covenant.


228. In many cases, the Secretariat has also received information from complainants to the effect that the Committee’s Views have not been implemented. Conversely, in rare instances, the petitioner has informed the Committee that the State party has in fact given effect to the Committee’s recommendations, even though the State party did not itself provide that information.


229. The present annual report adopts a different format for the presentation of follow-up information compared to previous annual reports. The table below displays a complete picture of follow-up replies from States parties received as of 28 July 2005, in relation to Views in which the Committee found violations of the Covenant. Wherever possible, it indicates whether follow-up replies are or have been considered as satisfactory or unsatisfactory, in terms of complying with the Committee’s Views, or whether the dialogue between the State party and the Special Rapporteur for follow-up on Views continues. The notes following a number of case entries convey an idea of the difficulties in categorizing follow-up replies.


230. Follow-up information provided by States parties and by petitioners or their representatives since the last annual report is set out in a new annex VII, contained in Volume II of the present annual report. This, more detailed, follow-up information also indicates action still outstanding in those cases that remain under review.





FOLLOW-UP RECEIVED TO DATE FOR ALL CASES OF VIOLATIONS OF THE COVENANT



State party and number of cases with violation

Communication number, author and locationa

Follow-up response received from State party and location

Satisfactory response

Unsatisfactory response

No follow-up response

Follow-up dialogue ongoing

...

 

 

 

 

 

 

Bolivia (2)

176/1984, Peňarrieta

A/43/40

X

A/52/40

 

 

 

X

 

336/1988, Fillastre and Bizouarne

A/52/40

X

A/52/40

X

 

 

 


a The location refers to the document symbol of the Official Records of the General Assembly, Supplement No. 40, which is the annual report of the Committee to the respective sessions of the Assembly.




CCPR, A/61/40 vol. I (2006)


...


CHAPTER VI FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


227. In July 1990, the Committee established a procedure for the monitoring of follow-up to its Views under article 5, paragraph 4, of the Optional Protocol, and created the mandate of the Special Rapporteur for follow-up to Views to this effect. Mr. Ando has been the Special Rapporteur since March 2001 (seventy-first session).


228. In 1991, the Special Rapporteur began to request follow-up information from States parties. Such information has been systematically requested in respect of all Views with a finding of a violation of Covenant rights; 429 Views out of the 547 Views adopted since 1979 concluded that there had been a violation of the Covenant.


229. All attempts to categorize follow-up replies by States parties are inherently imprecise and subjective: it accordingly is not possible to provide a neat statistical breakdown of follow-up replies. Many follow-up replies received may be considered satisfactory, in that they display the willingness of the State party to implement the Committee’s recommendations or to offer the complainant an appropriate remedy. Other replies cannot be considered satisfactory because they either do not address the Committee’s Views at all or only relate to certain aspects of them. Some replies simply note that the victim has filed a claim for compensation outside statutory deadlines and that no compensation can therefore be paid. Still other replies indicate that there is no legal obligation on the State party to provide a remedy, but that a remedy will be afforded to the complainant on an ex gratia basis.


230. The remaining follow-up replies challenge the Committee’s Views and findings on factual or legal grounds, constitute much-belated submissions on the merits of the complaint, promise an investigation of the matter considered by the Committee or indicate that the State party will not, for one reason or another, give effect to the Committee’s Views.


231. In many cases, the Secretariat has also received information from complainants to the effect that the Committee’s Views have not been implemented. Conversely, in rare instances, the petitioner has informed the Committee that the State party had in fact given effect to the Committee’s recommendations, even though the State party had not itself provided that information.


232. The present annual report adopts the same format for the presentation of follow-up information as the last annual report. The table below displays a complete picture of follow-up replies from States parties received up to 7 July 2006, in relation to Views in which the Committee found violations of the Covenant. Wherever possible, it indicates whether follow-up replies are or have been considered as satisfactory or unsatisfactory, in terms of their compliance with the Committee’s Views, or whether the dialogue between the State party and the Special Rapporteur for follow-up to Views continues. The Notes following a number of case entries convey an idea of the difficulties in categorizing follow-up replies.


233.     Follow-up information provided by States parties and by petitioners or their representatives subsequent to the last annual report (A/60/40, vol. I, chap. VI) is set out in annex VII to volume II of the present annual report.




FOLLOW-UP RECEIVED TO DATE FOR ALL CASES OF VIOLATIONS OF THE COVENANT


State party and number of cases with violation

Communication number, author and location

Follow-up response received from State party and location

Satisfactory response

Unsatisfactory response

No follow-up response received

Follow-up dialogue ongoing

...

 

 

 

 

 

 

Bolivia (2)

176/1984, Peñarrieta

A/43/40

X

A/52/40

 

 

 

X

336/1988, Fillastre and Bizouarne

 A/52/40

X

A/52/40

X

 

 

 

...

 

 

 

 

 

 






CCPR, A/62/40 vol. I (2007)


...


CHAPTER VI. FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


213.     In July 1990, the Committee established a procedure for the monitoring of follow-up to its Views under article 5, paragraph 4, of the Optional Protocol, and created the mandate of the Special Rapporteur for follow-up to Views to this effect. Mr. Ando has been the Special Rapporteur since March 2001 (seventy-first session).


214.     In 1991, the Special Rapporteur began to request follow-up information from States parties. Such information has been systematically requested in respect of all Views with a finding of a violation of Covenant rights; 452 Views out of the 570 Views adopted since 1979 concluded that there had been a violation of the Covenant.


215.     All attempts to categorize follow-up replies by States parties are inherently imprecise and subjective: it accordingly is not possible to provide a neat statistical breakdown of follow-up replies. Many follow-up replies received may be considered satisfactory, in that they display the willingness of the State party to implement the Committee’s recommendations or to offer the complainant an appropriate remedy. Other replies cannot be considered satisfactory because they either do not address the Committee’s Views at all or only relate to certain aspects of them. Some replies simply note that the victim has filed a claim for compensation outside statutory deadlines and that no compensation can therefore be paid. Still other replies indicate that there is no legal obligation on the State party to provide a remedy, but that a remedy will be afforded to the complainant on an ex gratia basis.


216.     The remaining follow-up replies challenge the Committee’s Views and findings on factual or legal grounds, constitute much-belated submissions on the merits of the complaint, promise an investigation of the matter considered by the Committee or indicate that the State party will not, for one reason or another, give effect to the Committee’s Views.


217.     In many cases, the Committee secretariat has also received information from complainants to the effect that the Committee’s Views have not been implemented. Conversely, in rare instances, the petitioner has informed the Committee that the State party had in fact given effect to the Committee’s recommendations, even though the State party had not itself provided that information.


218.     The present annual report adopts the same format for the presentation of follow-up information as the last annual report. The table below displays a complete picture of follow-up replies from States parties received up to 7 July 2007, in relation to Views in which the Committee found violations of the Covenant. Wherever possible, it indicates whether follow-up replies are or have been considered as satisfactory or unsatisfactory, in terms of their compliance with the Committee’s Views, or whether the dialogue between the State party and the Special Rapporteur for follow-up to Views continues. The Notes following a number of case entries convey an idea of the difficulties in categorizing follow-up replies.


219.     Follow-up information provided by States parties and by petitioners or their representatives subsequent to the last annual report (A/61/40, vol. I, chap. VI) is set out in annex VII to volume II of the present annual report.




FOLLOW-UP RECEIVED TO DATE FOR ALL CASES OF VIOLATIONS OF THE COVENANT


State party and number of cases with violation

Communication number,

author and location

Follow-up response received from State party and location

Satisfactory response

Unsatisfactory response

No follow-up

response received

Follow-up dialogue ongoing

...

 

 

 

 

 

 

Bolivia (2)

176/1984, Peñarrieta

A/43/40

X

A/52/40

 

 

 

X

336/1988, Fillastre and Bizouarne A/52/40

X

A/52/40

X

 

 

 

...

 

 

 

 

 

 




CCPR, A/63/40 vol. I (2008)


VI.      FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


187.     In July 1990, the Committee established a procedure for the monitoring of follow-up to its Views under article 5, paragraph 4, of the Optional Protocol, and created the mandate of the Special Rapporteur for follow-up to Views to this effect. Mr. Ando has been the Special Rapporteur since March 2001 (seventy-first session).


188.     In 1991, the Special Rapporteur began to request follow-up information from States parties. Such information had been systematically requested in respect of all Views with a finding of a violation of Covenant rights; 429 Views out of the 547 Views adopted since 1979 concluded that there had been a violation of the Covenant.


189.     All attempts to categorize follow-up replies by States parties are inherently imprecise and subjective: it accordingly is not possible to provide a neat statistical breakdown of follow-up replies. Many follow-up replies received may be considered satisfactory, in that they display the willingness of the State party to implement the Committee's recommendations or to offer the complainant an appropriate remedy. Other replies cannot be considered satisfactory because they either do not address the Committee's Views at all or relate only to certain aspects of them. Some replies simply note that the victim has filed a claim for compensation outside statutory deadlines and that no compensation can therefore be paid. Still other replies indicate that there is no legal obligation on the State party to provide a remedy, but that a remedy will be afforded to the complainant on an ex gratia basis.


190.     The remaining follow-up replies challenge the Committee's Views and findings on factual or legal grounds, constitute much-belated submissions on the merits of the complaint, promise an investigation of the matter considered by the Committee or indicate that the State party will not, for one reason or another, give effect to the Committee's recommendations.


191.     In many cases, the Secretariat has also received information from complainants to the effect that the Committee's Views have not been implemented. Conversely, in rare instances, the petitioner has informed the Committee that the State party had in fact given effect to the Committee's recommendations, even though the State party had not itself provided that information.


192.     The present annual report adopts the same format for the presentation of follow-up information as the last annual report. The table below displays a complete picture of follow-up replies from States parties received up to 7 July 2008, in relation to Views in which the Committee found violations of the Covenant. Wherever possible, it indicates whether follow-up replies are or have been considered as satisfactory or unsatisfactory, in terms of their compliance with the Committee's Views, or whether the dialogue between the State party and the Special Rapporteur for follow-up to Views continues. The notes following a number of case entries convey an idea of the difficulties in categorizing follow-up replies.


193.     Follow-up information provided by States parties and by petitioners or their representatives subsequent to the last annual report (A/62/40) is set out in annex VII to volume II of the present annual report.



State party and number of cases with violation

Communication number, author and relevant Committee report

Follow-up response received from State party

Satisfactory response

Unsatisfactory response

No response

Follow-up dialogue ongoing

...

 

 

 

 

 

 

Bolivia (2)

176/1984, Peñarrieta

A/43/40

X

A/52/40

 

 

 

X

 

336/1988, Fillastre and Bizouarne

A/52/40

X

A/52/40

X

 

 

 

...

 

 

 

 

 

 




CCPR, A/64/40, vol. I (2009)


VI.      FOLLOW UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL


230.     In July 1990, the Committee established a procedure for the monitoring of follow-up to its Views under article 5, paragraph 4, of the Optional Protocol, and created the mandate of the Special Rapporteur for follow-up on Views to this effect. Ms. Ruth Wedgwood has been the Special Rapporteur since July 2009 (ninety-sixth session).


231.     In 1991, the Special Rapporteur began to request follow-up information from States parties. Such information had been systematically requested in respect of all Views with a finding of a violation of Covenant rights; 543 Views out of the 681 Views adopted since 1979 concluded that there had been a violation of the Covenant.


232.     All attempts to categorize follow-up replies by States parties are inherently imprecise and subjective: it accordingly is not possible to provide a neat statistical breakdown of follow-up replies. Many follow-up replies received may be considered satisfactory, in that they display the willingness of the State party to implement the Committee's recommendations or to offer the complainant an appropriate remedy. Other replies cannot be considered satisfactory because they either do not address the Committee's Views at all or relate only to certain aspects of them. Some replies simply note that the victim has filed a claim for compensation outside statutory deadlines and that no compensation can therefore be paid. Still other replies indicate that there is no legal obligation on the State party to provide a remedy, but that a remedy will be afforded to the complainant on an ex gratia basis.


233.     The remaining follow-up replies challenge the Committee's Views and findings on factual or legal grounds, constitute much belated submissions on the merits of the complaint, promise an investigation of the matter considered by the Committee or indicate that the State party will not, for one reason or another, give effect to the Committee's recommendations.


234.     In many cases, the Secretariat has also received information from complainants to the effect that the Committee's Views have not been implemented. Conversely, in rare instances, the petitioner has informed the Committee that the State party had in fact given effect to the Committee's recommendations, even though the State party had not itself provided that information.


235.     The present annual report adopts the same format for the presentation of follow-up information as the last annual report. The table below displays a complete picture of follow-up replies from States parties received up to the ninety-sixth session (13-31 July 2009), in relation to Views in which the Committee found violations of the Covenant. Wherever possible, it indicates whether follow-up replies are or have been considered as satisfactory or unsatisfactory, in terms of their compliance with the Committee's Views, or whether the dialogue between the State party and the Special Rapporteur for follow-up on Views continues. The notes following a number of case entries convey an idea of the difficulties in categorizing follow-up replies.


236.     Follow-up information provided by States parties and by petitioners or their representatives subsequent to the last annual report (A/63/40) is set out in annex IX to volume II of the present annual report.


 



State party and number of cases with violation

Communication number, author and relevant Committee report

Follow-up response received from State party

Satisfactory response

Unsatisfactory response

No response

Follow-up dialogue ongoing

...

 

 

 

 

 

 

Bolivia (2)

176/1984, Peñarrieta

A/43/40

X

A/52/40

 

 

 

X

 

336/1988, Fillastre and Bizouarne

A/52/40

X

A/52/40

X

 

 

 

...