Debate: Was preventive detention during the MAS era used as a weapon of political persecution? | ¿La detención preventiva en la era del MAS fue usada como arma de persecución política?

By Mauricio Quiroz, El Deber:

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At least 30,000 preventive detainees exist in the country.

Councilor Spencer said that there is an order to review all cases throughout the national territory.

The issue of preventive detention in Bolivia has returned to the center of debate after the Supreme Court of Justice (TSJ) decided to order a review of the cases of former president Jeanine Áñez, Santa Cruz governor Luis Fernando Camacho, and former Potosí civic leader Marco Antonio Pumari. The measure sparked protests in prisons across the country and reignited accusations of the political use of this judicial tool.

In the midst of this debate, Council of the Magistracy member Carlos Spencer confirmed that a technical survey and audits will begin in all courts to evaluate compliance with deadlines in cases involving preventive detention.

“This past weekend there was a demonstration in Palmasola, and in that sense, the Council is the only body that can supervise and oversee. All detainees must be treated equally,” he told EL DEBER.

Spencer assured that coordination with the Public Prosecutor’s Office is underway to avoid delays and that, if unjustified delays are found, judges could face disciplinary and even criminal sanctions. “It is not about giving privileges to some, but about guaranteeing due process for all,” he emphasized.

Asked about the existence of political prisoners in the country, Spencer replied: “Through the media we have been informed, and it is well known, that there are detainees, but not only they should be given privileges — all prisoners throughout Bolivia must be treated equally.”

“Anticipated sentences”

Meanwhile, former Ombudsman Waldo Albarracín described preventive detention as an “anticipated sentence” used for political purposes.

“Today, nearly 85% of detainees are imprisoned ‘just in case.’ All it takes is a phone call from the Minister of Justice to order imprisonment for political reasons,” he denounced on EL DEBER Radio.

Albarracín recalled that in 2019 his house was set on fire amid protests, and afterward he received direct threats. “That was a warning that they knew what could happen to us if we insisted on investigations,” he recounted. His case, taken to the IACHR, symbolizes what he describes as a pattern of persecution and judicial bias.

Prisons in emergency

The TSJ’s order to review the cases of Áñez, Camacho, and Pumari sparked protests in prisons, although these demonstrations remained under the control of the Penitentiary Regime.

“Equal rights, equal rights!” chanted inmates at La Paz prison, while in Palmasola — with nearly 10,000 inmates — a state of emergency was declared. Prisoners denounced “privileged treatment” for political figures and demanded a general review through messages released to the press and social media.

The Penitentiary Regime confirmed, however, that there was no riot, only a peaceful protest with delegates from all cell blocks. In several districts, these representatives were allowed to make statements to journalists.

A structural crisis

Former president and ex-magistrate Eduardo Rodríguez Veltzé warned that the crisis of judicial delays cannot be resolved with isolated measures. He identified six structural problems: the absence of a State criminal policy, lack of constitutional oversight, the routine use of preventive detention by judges, the discretion of the Public Prosecutor’s Office, penal populism, and a collapsed prison system.

“Solutions must be assumed as a State policy, not as a government measure or partisan initiative,” he emphasized.

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