Manipulation of the Judicial System | Manipulación del Sistema Judicial

By ERBOL, El Dia:

Justice Tailored to Fit: The Manipulation of the Judicial System in Bolivia

The Bolivian judicial system is facing a structural crisis marked by corruption, politicization, and a lack of independence.

Illustration image. Photo: Internet.

The severe crisis of the Bolivian judicial system

The Bolivian judicial system faces a structural crisis that combines corruption, politicization, and lack of independence. According to reports from the Inter-American Commission on Human Rights (IACHR), this situation has led to serious human rights violations and profound public mistrust. Although reforms have been undertaken in recent years, such as the creation of courts and laws to promote transparency, progress has been limited.

The interference of political and economic interests continues to hinder judicial independence. During the 2023 Universal Periodic Review (UPR), it was highlighted that many of the 2019 recommendations on justice and human rights have not been implemented, perpetuating inequality. The National Coalition of Civil Society Organizations submitted an alternative report to the Human Rights Council in Geneva, denouncing the state’s failure to fulfill its international commitments, particularly regarding justice for vulnerable sectors.

The politicization of the judicial system: An obstacle to justice

One of the main problems is the lack of judicial independence. Over the years, the system has been subject to political interference, from the governments of Evo Morales to those of Jeanine Áñez and Luis Arce. The Plurinational Constitutional Court (TCP), responsible for safeguarding the Constitution and fundamental rights, has been accused of acting under political pressures. This politicization is reflected in the appointment of judges and prosecutors, who are often selected for their political alignment rather than professional merits. This process generates mistrust, as many believe that judicial decisions respond more to partisan interests than to impartiality.

The role of the Plurinational Constitutional Court: Paralyzed and under suspicion

A key testimony in this context is that of Natalie Patricia Flores, a candidate for the Plurinational Constitutional Court (TCP), who denounces the operational collapse of the country’s highest judicial body. According to Flores, the failure to meet the schedule for judicial elections is alarming. “In the history of justice, we are in the worst stage; by January 2024, we should already have new authorities,” she points out, but the lack of clear deadlines in constitutional rulings has allowed the process to be indefinitely delayed.

The decision of the Plurinational Constitutional Court (TCP) to extend mandates without establishing a clear time limit, according to Flores, reflects a worrying lack of direction and legitimacy. This institutional vacuum not only fuels public distrust but also hinders access to independent and timely justice. Furthermore, five of the nine extended magistrates will continue to control the Constitutional Court, further exacerbating the lack of renewal in five departments and limiting the capacity of the four elected magistrates to form the quorum necessary to issue rulings in full session.

The citizen oversight report conducted by the Citizen Observation Alliance for Democracy, led by UNITAS, highlights irregularities in the pre-selection of judicial magistrates for 2024. Deficiencies in the transparency of the process were identified, such as the late and incomplete publication of lists of candidates and resumes, as well as errors in the classification of eligible and ineligible candidates. These flaws not only affected the legitimacy of the process but also limited public access to key information.

Non-compliance with gender equity principles was observed, with only 26% female participation, underscoring the need to implement concrete measures to ensure fair and equitable representation. The report concludes with urgent recommendations to improve transparency, establish uniform criteria, and ensure that decisions are based on clear and objective standards.

Corruption: An endemic problem in the judicial system

Corruption in the Bolivian judicial system affects judges, prosecutors, and other key actors, fueling citizen mistrust. According to lawyer Hilda Mora Mora, “people no longer trust the judicial system because they feel their rights are not being adequately protected.” Despite initiatives such as the Citizen Transparency Observatory, the fight against corruption remains insufficient, perpetuating the delay of justice and widening inequalities in its access. Corruption also translates into unequal treatment, with some cases receiving immediate attention, while others, especially those involving the most vulnerable, are delayed for years without resolution.

Unjustified delays and the violation of due process

The politicization and delays in the judicial system are concerning, particularly when fundamental rights such as freedom of the press are violated. Journalist Roberto Méndez recalls the emblematic case of Las Londras, where six journalists were kidnapped and tortured. “We waited a year and a half due to excuses like lack of resources and notifications,” Méndez explains, highlighting the judiciary’s inability to guarantee justice promptly.

Preventive detention: A tool for political repression

The excessive use of preventive detention is another serious problem, especially against political opponents, activists, and journalists. According to the Fundación Construir, 66% of detainees in Bolivia are in preventive detention, leading to human rights violations. Human Rights Watch has criticized this practice, pointing out that it is used as political retaliation. Many accused individuals do not receive minimum conditions or adequate medical care for dignified detention. The Fundación Construir estimates that 66% of detainees in Bolivia are in preventive detention, evidencing the excessive use of this measure.

Prison conditions: Overcrowding and lack of medical care

Prisons in Bolivia face a severe crisis. Overcrowding and the lack of adequate medical care are recurring problems. A representative case is that of César Apaza, a coca grower leader who suffered a stroke while in prison, attributed to the lack of timely medical care. The situation led him to plead guilty to the charges he faced, solely to regain his freedom and access necessary treatment. This highlights deficiencies in both prison infrastructure and judicial administration.

The Zongo case: Environmental justice and indigenous rights

The rights of indigenous peoples are being systematically violated, especially concerning the protection of their territories. Edwin Limachi, a judge in the Cahua Chico-Zongo community, denounces that mining activities are carried out without the prior consultation established by the Constitution. Despite community intervention, which expelled a miner operating without proper consultation, authorities continue to judicially persecute the peasants, exposing corruption within the ordinary judicial system.

The UNITAS report presented for the Universal Periodic Review (UPR) underscores in paragraphs 12 and 13 the urgent need to strengthen guarantees for human rights defenders, such as César Apaza, and for indigenous communities like Cahua Chico in Zongo. These recommendations emphasize protection against reprisals and judicial persecutions, promoting a safe environment for social leaders and communities to exercise their right to defend their territories and natural resources. The report highlights the importance of implementing effective measures to ensure justice, access to reparation, and compliance with the right to prior consultation, particularly in cases related to environmental and extractive conflicts.

Paragraph 42 of the UNITAS report for the UPR addresses the situation of indigenous communities in the face of extractive activities and highlights the specific case of Cahua Chico in Zongo. It points out that mining activities in indigenous territories are carried out without prior consultation, violating the Constitution and international agreements such as ILO Convention 169. Furthermore, it denounces the judicialization of community leaders defending their lands and environmental rights, reflecting a pattern of criminalization against indigenous defenders. UNITAS recommends guaranteeing the legal security of communities and complying with the right to prior consultation, as well as halting the use of the judicial system as a tool of repression.

Conclusion: Justice as a pillar of the rule of law

Franco Albarracín, a lawyer and human rights activist, underscores the need for structural reforms in the judicial system to ensure its independence and efficiency. “Reforms cannot be superficial. We need real change in the judicial structure, allowing the selection of judges and prosecutors through transparent and meritocratic processes,” Albarracín states.

Amparo Carvajal, a human rights activist, also offered a critical view of public institutions and their ability to fulfill their fundamental functions. Carvajal highlighted how public powers and international organizations have lost credibility among the population, describing them as “pantomimes” that do not respond to the real needs of justice.

The UNITAS report for the Universal Periodic Review (UPR), in paragraph 28, addresses the case of Amparo Carvajal, a human rights activist, highlighting the difficulties and risks she faces in her defense work. The document emphasizes the state’s failure to comply with international regulations that guarantee the protection of human rights defenders. It also stresses the urgency of ensuring a safe environment for her work and that of other defenders as an indispensable condition for strengthening the exercise of fundamental rights in Bolivia.

The judicial crisis in Bolivia is not only an internal problem for the country but also affects Bolivia’s international image as a democratic state respectful of human rights. As Bolivia prepares for the Universal Periodic Review in February 2025, it is crucial for the government and civil society to work together to restore confidence in the judicial system.

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