Law Of Protection Of Complainants And Witnesses

Original Language Title: LEY DE PROTECCIÓN DE DENUNCIANTES Y TESTIGOS

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/149729

Law No. 458 law of 19 of December of 2013 ALVARO GARCIA LINERA President in exercise of the State multinational of BOLIVIA as, the Assembly Legislative plurinational, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T to: law of protection of complainants and witnesses chapter I provisions general article 1. (OBJECT). This law aims to establish the system of protection of complainants and witnesses.
ARTICLE 2. (PURPOSE).
I protect the servants and public servants, former servants and former public servants, individuals and their close family environment, which are susceptible to retaliation.
II. meet the international anti-corruption conventions and other international instruments.
ARTICLE 3. (SCOPE OF APPLICATION).

I. the present law applies to people who performed, made or available to perform an activity protected with respect to the offences of organised crime, terrorism, corruption and drug trafficking, against girls, boys and adolescents, violence against women, trafficking and trafficking in human beings and/or violation of fundamental rights.
II. A people from their close family environment, and those determined by the protected person.

ARTICLE 4. (DEFINITIONS). For the purposes of the application of this law, the following terms are defined: person protected. Is it or the server public or ex Server public, or person particular, to which is granted measures of protection by have made or have is to perform an activity protected in the terms of the present law.
Protected activity. It is either of the following: written or verbal manifestation that takes place before the competent authority about the alleged Commission of a crime.

The lawful disclosure of information or test drive or contribute to the onset or continuation of an investigation.

The intervention as witness, expert, advisory technical or other form of participation direct or indirect in headquarters administrative or process judicial.
Retaliation. It is any form of punishment, damage, persecution, harassment, verbal, physical or psychological violence, restriction of rights; or any action against the person protected or their environment family nearby.

Retaliation in the workplace. It is any form of imposition of disciplinary sanctions, withdrawal, dismissal, reprimand, suspension, transfer of sector, unjustified functions change modification of the hours or other working conditions, unjustified negative score, verbal, physical, psychological or sexual harassment harassment and any other act or practice formal or informal which is an impairment in the work situation of the public servant or private person , adopted of way simultaneous or subsequent to the realization of an activity protected by the person protected.

Lawful disclosure. Is the communication of any information or element evidence whose disclosure not is expressly prohibited by law.

Close family environment. They are ascendants, descendants, siblings and spouse or cohabitant of the protected person; or persons having direct dependence with the protected person.
ARTICLE 5. (PRINCIPLES). The system of protection of whistleblowers and witnesses shall be governed by the following principles: voluntarism. It is express, free and voluntary consent of the protected person, for the implementation of any measure of protection, in terms of this Act.

Confidentiality. All information inherent to the identity and other data personal of the person protected; as well as the procedures for protection and assistance, the following shall constitute confidential information.

Temporality. The protective measures last a period of time, as long as the situation of risk or other reasons which justify its application, even where the administrative or judicial proceedings in which have given, have concluded.

Gratuity. The protection measures applied in accordance with this law, will be financed by the State economically, and will not involve spending or debt to the protected person.

Celerity. The protective measures provided for by this law, shall be adopted as quickly as possible, avoiding the introduction of formal or bureaucratic obstacles preventing timely implementation in practice.
Cooperation wide. State institutions with responsibilities in the protection system should cooperate in the broadest way possible in compliance with the rules and procedures provided for in this Act.
CHAPTER II PROTECTION MEASURES ARTICLE 6. (SCOPE OF PROTECTION).
I. the protection measures provided for expressly by the presenteLey, may be issued before, during and after a process, provided a person has carried out or has to engage in protected activity.
II. these measures are only expressed but not limited to, the competent authority may provide any other measure that is adequate to the purposes set out in article 2 of this law.
III. any measure of protection should be immediate and effective. The procedure for the granting must be performed with the maximum speed and through informal and expeditious procedures.
IV. without prejudice to the powers of the competent authorities, in accordance with chapter IV of the present law, all government agencies are required to cooperate and take measures that are necessary for the effectiveness of this law.
ARTICLE 7. (PROTECTIVE MEASURES).
I. the protection measures to persons who have made available to engage in protected activity and have suffered or are at risk for retaliation under the terms of article 4 of this law, are as follows: preservation of the identity and the confidentiality of personal data.

Preservation of their rights work.

Protection police for the transfer to comply with proceedings administrative and/or judicial.

Custody police at the address for service of the person.

Use of systems technology that prevent that the identity of the person is known.

Methods of distortion of the appearance physical or of her voice.

Accommodation in temporary in hostels intended to protection of victims and witnesses; whose location should be reserved and with custody police.

Attention psychological.

Separation of the rest of the population prison or its transfer, low book, to another enclosure prison, where is you provide greater security in the case of person protected that is find private of freedom.

Others that can be taken to preserve the safety of the protected person.
II. can be applied over one protective measure at the same time, provided it does not contravene the regulations.
ARTICLE 8. (PRESERVATION OF IDENTITY AND THE CONFIDENTIALITY OF PERSONAL DATA).
I. the Ministry of Government, the Ministry of institutional transparency and fighting corruption, the public prosecutor's Office and the Bolivian police, should establish mechanisms enabling to conduct complaints subject to identity, which implies that all data allowing to identify or locate a person applicant or declarant, maintained in confidentiality in all records and proceedings which practised.
II. must also carry out procedures that are necessary to prevent visual or auditory identification of the protected person, under any circumstances that should appear before a judicial or administrative authority, or before any public or private agency for purposes fulfil a necessary formality.
III. to the preserve the reserve's identity and confidentiality of personal data, the protected person may fix as his home, offices of the public prosecutor, the Ministry of Government or the Ministry of institutional transparency and fight against corruption, as appropriate, for the purposes of receiving notifications or performances.
IV. is agreed with the person protected a medium of communication reserved.
ARTICLE 9. (PRESERVATION OF RIGHTS LABOUR).
I. no server or Server public or person particular, may be object of retaliation in its field work, by the realization of an activity protected.
II. the entity public or private will have it load of test that the decision not has constituted an act of retaliation, but a decision legitimate.
III. where is determined that the Act or practice not has constituted retaliation, is will order the cessation of the measure of protection, without prejudice of go to them resources administrative or judicial to which have right the person affected.
IV. where is determined that the Act or practice has been retaliation, the protected subject shall have the right to choose between: 1. the cessation of the Act or formal or informal practices which constituted retaliation and the restitution of the working conditions enjoyed by the person protected prior to this.

2. the transfer to another unit, enjoying similar hierarchy, wage and functions they possessed prior to the Act of retaliation.

V. Where the person who need job protection is not a public servant, but a particular person, it will act within the existing rules.
VI. decision contrary to the interests of the protected person, both in relation to the application for protection as compared with the final determination of the facts, may be challenged through the recursive procedure more expeditious.
VII. the beginning of the procedures provided for in this article, does not require the prior exhaustion of any way

administrative or judicial. Also, it will not prevent joint action of responsibility for the civil service under the terms of the law governing the public service, nor the appeal against and remedy to the Directorate of Civil Service, or other actions or remedies provided in the legal system.
ARTICLE 10. (PENALTIES FOR RETALIATION IN THE WORKPLACE). The realization of any act or practice, formal or informal, of retaliation in the workplace, to a public servant who has done or stated to be a protected activity, shall be punished with dismissal, prior administrative process.
ARTICLE 11. (PROTECTION POLICE FOR TRANSPORTATION). He Ministry public, whenever exist consent of the person protected, may have his transfer with protection police not uniformed, to them purposes of that pay statement in the frame of them procedures administrative or judicial, or for its Constitution in a determined place in order get documentation, perform tests technical, activities own of its charge u others procedures necessary , or for any purpose to protect your safety and that of their close family environment.
ARTICLE 12. (CUSTODY POLICE AT THE ADDRESS FOR SERVICE OF THE PERSON). When a protected activity determines the existence of danger to the safety, physical integrity or life of the protected person or their close family environment, you can assign via the Ministry of Government and the Bolivian police through its specialized departments, custody police not uniform in the residence of the protected person, giving him the necessary conditions so that it performs its function , for the time that is deemed relevant according to the purpose of the present law.
ARTICLE 13. (TECHNOLOGICAL SYSTEMS FOR IDENTITY OR DISTORTION OF THE VOICE). To avoid that the person protected is identified by its appearance physical or his voice, may use is them cameras Gesell and systems technological as video conferencing, exhibitions recorded, tapes, or any other system of recording or transmission reliable.

ARTICLE 14. (TEMPORAL CHANGE OF APPEARANCE). May use is all the elements that change provisionally aspects physical of the person, as: the color of hair and eyes, features facial and others that prevent its recognition.
ARTICLE 15. (ACCOMMODATION IN TEMPORARY IN HOSTELS). When there is danger in the home of the protected person or family, these can be moved to temporary shelters through the Directorate of protection to victims, witnesses and members of the Public Ministry, dependent on the Office of the Attorney-General, until the danger ceases or to grant another type of protection measures.
ARTICLE 16. (COUNSELLING). The person protected can receive support psychological on the direction of protection to victims, witnesses and members of the Ministry public.
CHAPTER III APPLICATION PROCEDURES AND MEASURES OF PROTECTION ARTICLE 17. (APPLICATION FOR THE ADOPTION OF MEASURES OF PROTECTION).
I request to adopt protective measures, it is possible to the following authorities: Ministry of Government, if it is out of a judicial process.

Public Ministry, through the competent prosecutor, should be part of a judicial process.

Ministry of labour, employment and Social Welfare, for the protection of labour rights.

Ministry of transparency institutional and fight against the corruption, in any of them stages earlier in the field of them crimes of corruption, so this channeled it measured according to appropriate.

II. the request can be made by any person that has made or is available to perform an activity protected, or a person of your environment family close, that can accredit your link or dependence and it situation of risk in which is is.
III. where there is retaliation and there is no request of protection measures, exceptionally be applied automatically with the consent of the protected person.
ARTICLE 18. (DECISION ON THE GRANTING OF PROTECTION MEASURES).
I. decision on the request for grant or not a protective measure and extent or measures granted proteccionseran, rests with the Ministry of Government, the public prosecutor's Office or the Ministry of labour, employment and Social Security, one or more of them will be decide according to their skills, according to article 17 on the basis of the evaluation described in article 19.
II. Ministry of Government shall grant the protection measures that are necessary from the application to the complaint before the public prosecutor.
III. once the complaint is in the public prosecutor's Office, this will assess if the protected person will continue or not enjoying the measure granted by the Ministry of Government or if it is better to apply another measure of protection.
IV. the Ministry of labour, employment and Social Welfare, shall notify the entity in which the protected person works their decision to apply a measure of preservation of labor rights, which must be enforced immediately by that entity. In the case of individuals shall be in accordance with the regulations in force.
ARTICLE 19. (ESTIMATION).
I. the entities taking the decision on the adoption of protection measures, will be the assessment of the relevance of granting one or more of those contained in article 7 of this law, based on a study in coordination with the Bolivian police.
II. these entities, as appropriate, shall ensure for the assessment and the decision making will be held in the time strictly necessary, so that it is not untimely for the person that requested the measure. Similarly, they shall see because the measure or measures, are applied immediately.

III. in the case of measures granted by periods, must be periodic evaluations so that they continue to.
IV. the assessment will be preserving the identity of the protected person.
ARTICLE 20. (DURATION OF PROTECTION MEASURES).
I protection measures will last up to one (1) year from your grant.
II. where the danger has ceased, the measure will be eliminated prior appraisal, even without that you have spent the year established.
III. If the danger persists, the measure can be extended as necessary, prior assessment, until the danger ceases.
IV. protection measures may be suspended or withdrawn, if the protected breach the obligations which designates it this law.
ARTICLE 21. (OBLIGATIONS OF THE PROTECTED PERSONS).
I. the person protected must meet them obligations that will be fixed by the authority that decide them measures of protection, according to the article 17 of the present law, these obligations will be conditional a: its cooperation with them authorities administrative or judicial competent, in them proceedings that are necessary to them late of the advance of them performances that have by object clarify the crime denounced.
He behavior right that preserve the efficiency of the measures of protection, ensuring its own integrity and security.

He duty of confidentiality in relation to those procedures and the conditions in which work them measures of protection.
II. the granting and maintenance of measures of protection, will be conditioned to the compliance of the obligations arranged by the authority competent, and directed to ensure the development in headquarters administrative or process judicial that have by object them crimes reported, and to keep them due conditions for the support of them measures of protection.
III. failure to comply with obligations imposed, may be punished by the same authority which decided the adoption of protection measures with the cessation of such measures, without prejudice to actions of civilian nature to any place, in order to compensate damages caused to the State. The competent authority shall record verification of the violations of the obligations imposed on the reasoned ruling which will take its decision.
ARTICLE 22. (COMMITMENT TO FULFIL OBLIGATIONS ACT).
I. the protected person must sign under oath, to the competent authority that decides the adoption of protective measures, an act of commitment to compliance of obligations, which consists of a document which defines in detail the actions that will be the authority responsible for granting protection and obligations that the protected person must comply.
II. the Act must contain, as a minimum, the following: the Declaration of the protected person, and in your case your family nearby environment, protected activity is carried out in good faith, that the application is voluntary, and that protective measures will be not understood as payment, compensation, or reward for their protected activity.

The scope and the nature of the protection that will be granted.
3. obligations of the protected person and the sanction to be applied in the event of non-compliance.
ARTICLE 23. (PRESUMPTION OF GOOD FAITH).

I. the protection measures provided for in this law, only shall apply against protected activities in good faith.
II. shall be presumed good faith of any protected activity. The demonstration of bad faith charge will correspond to who alleges it.
III. not be considered in good faith:


Reports, statements, opinions, technical examination or other information whose content is false, when the circumstance was known by the person at the time of proffering them before the competent authority.

Complaints, statements, opinions, technical examination or other information with the unique and clear purpose of causing harm to persons or institutions specified in them.

Reports, statements, opinions, technical examination or other information in order to conceal or disguise a lack of the duties carried out by the public servant that warrants a penalty, in the framework of the current legislation, and in the case of private individuals in order to cover up a crime.
IV. where it is evidence that the fact not existed, does not constitute a crime or that the accused did not participate in it, on the basis of the performance of bad faith of the protected person under reserve of identity, the judge may, at the request of the party concerned, lift the reservation within a maximum period of seventy-two (72) hours.
CHAPTER IV COMPETENT INSTITUTIONS AND POWERS ARTICLE 24. (INSTITUTIONS).
I. the system of protection of complainants and witnesses will be to charge of the Ministry of Government, Ministry public and the police Bolivian, that Act of form coordinated in address to the compliance of the purposes of the present law.

II. the Ministry of institutional transparency and fight against corruption, and the Ministry of labour, employment and Social Security, will work in coordination with the institutions responsible, in the framework of the powers conferred by this Act article 25. (RESPONSIBILITIES OF THE MINISTRY OF GOVERNMENT). For the purposes of the enforcement of this Act, the Ministry of Government has the following responsibilities: rating the granting of protection to a particular person or public servant and establish what measure or measures shall be assigned to it.
Run through the Bolivian police protection measures or the competent authority.

Go to the police Bolivian for the compliance of the measures of protection taken.

Coordinate with the Public Ministry measures through the direction of protection to victims, witnesses and members of the public prosecutor, as appropriate.

Developing and coordinating policies of police cooperation internacionalpara the protection of protected persons.

Guide to persons who have carried out or are ready to engage in protected activity, the consequences that can be derived of its realization, as well as in relation to measures of protection to which they are entitled, and the characteristics of the mechanisms and applicable administrative and judicial procedures.
ARTICLE 26. (POWERS OF THE MINISTRY OF TRANSPARENCY INSTITUTIONAL AND FIGHTS AGAINST THE CORRUPTION). To them purposes of the compliance of the present law, the Ministry of transparency institutional and fight against the corruption, has them following powers: receive applications of protection of them people that have made or is have to perform an activity protected concerning crimes of corruption.

Request the competent authority, carry out the assessment of the relevance of providing some measure of protection.

Save Book the identity of the protected person and of the documentation presented, collected and generated in the performance of their duties, in accordance with paragraph III of article 17 of the 004 law on March 31, 2010, and article 8 of the present law, as well as carry forward any other measure necessary for the purpose of preserving the confidentiality of the personal data of the protected person and prevent their identification.

Coordinate the dissemination of the rules and procedures laid down by this law, through its departmental offices and transparency units throughout the country.

Guide to persons who have carried out or are ready to engage in protected activity, the consequences that can be derived of its realization, as well as in relation to measures of protection to which they are entitled, and the characteristics of the mechanisms and applicable administrative and judicial procedures.
ARTICLE 27. (POWERS OF THE PUBLIC PROSECUTOR'S OFFICE). For the purposes of the enforcement of this Act, the public prosecutor's Office has the following responsibilities: rating the granting of protection to a particular person or public servant and establish what measure or measures shall be assigned to it.

Require the adoption of protection measures through the Directorate of protection to victims, witnesses and members of the public prosecutor's Office.

Ensure because the address of protection to victims, witnesses and members of the Ministry public, is find in conditions of granting them measures of protection established in the present law.

Guide to persons who have carried out or are ready to engage in protected activity, the consequences that can be derived of its realization, as well as in relation to measures of protection to which they are entitled, and the characteristics of the mechanisms and applicable administrative and judicial procedures.
ARTICLE 28. (ADDRESS OF PROTECTION TO VICTIMS, WITNESSES AND MEMBERS OF THE MINISTRY PUBLIC). The direction of protection to victims, witnesses and members of the public prosecutor's Office, according to its own regulations, in addition to the functions performed, shall attend all cases arriving for offences set forth in article 3 of this law.
ARTICLE 29. (FUNCTIONS OF THE BOLIVIAN POLICE). For the purposes of compliance with the present law, the Bolivian police has the following functions: comply with the measures taken by the Ministry of Government and the public prosecutor's Office.

Provide the help and assistance that are required for protected persons.
PROVISIONS TRANSITIONAL FIRST. The competent institutions, within a maximum of one hundred and eighty (180) days calendar Computable from the publication of this law, shall draw up the necessary regulations for the enforcement of this law.
THE SECOND. The public prosecutor's Office, by its institutional budget, prioritize resources to strengthen the direction of protection to victims, witnesses and members of the public prosecutor's Office.
FINAL PROVISIONS FIRST. All public and private entities must establish procedures to disseminate among their employees and citizens, the scope of the present law, posting his text on their websites and sites of greater visibility into their headquarters, as well as other mechanisms that guarantee the knowledge of the present standard.
THE SECOND.
I. the Ministry of Government, the Ministry of institutional transparency and fight against corruption, the public prosecutor's Office and the Bolivian police, should include in their annual reports due accountability on the actions carried out and the budget executed in accordance with the purposes set forth in this law.
II. for the enforcement of this Act, the entities referred to in the preceding paragraph shall incorporate the inside of their institutional budgets corresponding resources, regardless of the source of financing.
THIRD. The Comptroller General of the State and the respective internal audit units, may conduct audits of the measures taken by the various authorities with competences in the protection system, in accordance with the legislation in force. However, in any case those who carried out audits may know the identities or personal data of the persons protected, or confidential information that have contributed. Who perform audits must sign a commitment to confidentiality and at no time may disseminate information relating to the system of protection.
SOLE REPEAL PROVISION. All provisions contrary to this law are hereby repealed.
Send it to the organ Executive, for late constitutional.
Is given in the Hall of sessions of the Assembly Legislative multinational, to them ten days of the month of December of two thousand thirteen years.
FDO. Lilly Gabriela MONTAÑO Viana, Betty Asunta Tejada Soruco, Andres Agustin Villca Daza, Claudia Jimena Torres Chávez, Gallic wild Bonifaz, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.

Government Palace of the city of La Paz, nineteen days after the month of December of the year two thousand thirteen.
FDO. ALVARO GARCIA LINERA, Juan Ramon Quintana Taborga, Carlos Gustavo Romero Bonifaz, Luis Alberto Arce Catacora, Cecilia Luisa Ayllon, Quinteros, Daniel Santalla Torrez, Roberto Ivan Aguilar Gomez Minister of education E interim of TRANSAPARENCIA institutional and fight against it corruption, Amanda Davila Torres.