The administration of justice in criminal matters was
exercised
by the ordinary courts and judges in accordance with the
1978 Law
on Judicial Organization. The courts and the criminal
procedures
are rooted in the old Spanish and Napoleonic codes and are
unified in a single national system under the Ministry of
Interior, Migration, and Justice. There are no jury
trials, and
the presiding judges base all decisions on their own
evaluation
of the data brought out during the proceedings. The Public
Ministry, under the Ministry of Interior, Migration, and
Justice,
is intimately involved in court procedures involving
public or
civil cases in which the Penal Code has been violated. It
is
headed at the national level by two attorneys general
(fiscales
generales) who operate in the fields of criminal and civil
law.
Subordinate prosecutors (fiscales and subfiscales) are
stationed
throughout the country, where they serve in capacities
similar
to, but more wide-ranging than, those of state and
district
attorneys in the United States.
The police are responsible for apprehending and
arresting
criminals, although a citizen may arrest an offender if
caught in
the act of committing a crime. The Judicial Police
(Policía
Judicial) is responsible for ascertaining and verifying
crimes,
collecting evidence, and delivering the suspects to the
judges
and tribunals for trial. The Traffic Police exercises
functions
of the Judicial Police in cases involving traffic
accidents;
authorities responsible for air, river, lake, and rail
transport
assume the same responsibility for cases involving their
respective means of transport.
The Constitution requires that police have a court
order to make
an arrest. An individual detained by the police in a local
jail
must be charged or released within twenty-four hours,
except
during a state of siege, when authorities may detain
persons for
up to forty-eight hours before obtaining an arrest order.
During
the initial period, a judge must determine the legality of
the
detention. Prisoners are usually released if they are
determined
to have been detained illegally. After charging a
detainee, the
police notify the public prosecutor, who lodges a
complaint
before an investigating judge, who then assumes the case.
An
arrested suspect is presumed innocent until proven guilty
and may
consult a lawyer of his choice if charged with a crime. An
individual charged with a crime may qualify to be released
on
bail, which is generally granted except in certain
narcotics
cases.
In cases of penal action, the office of the Public
Ministry is
responsible for assembling the evidence and testimony and,
with
police assistance, studying the complaint, visiting the
scene of
the crime, and locating and interrogating witnesses. When
the
evidence, including depositions, is assembled, the
investigating
judge holds an open hearing before all interested parties.
The
public prosecutor makes an accusation and presents all
witnesses
and documents for the prosecution. Witnesses deliver their
testimony as a continuous narrative, without being
questioned
directly or cross-examined. When the prosecution has
finished,
the judge interrogates the accused and receives
depositions and
statements from witnesses who may appear on behalf of the
accused. Defendants have the right to an attorney,
including a
court-appointed defense attorney at public expense, if
necessary,
but a lawyer is not always provided because of a lack of
funds
and qualified attorneys. Defendants also have the right to
confront witnesses, to present evidence, and to appeal a
judicial
decision. These rights generally are upheld in practice.
Although
the constitutional right of fair public trial is adhered
to, long
delays in the judicial system are common, according to the
United
States Department of State. Investigations, trials, and
appeals
procedures are so lengthy that some prisoners eventually
serve
more time than the maximum sentence for the crime for
which they
were charged. A United Nations (UN) agency agreed in early
1989
to provide assistance to improve the administration of
justice in
Bolivia.
The trial judge reviews the investigating judge's
summary and
makes one of several possible determinations, in
consultation
with the public prosecutor. The trial judge may decide
that the
indictment is unwarranted and dismiss the case, or the
trial
judge may remand the case to the investigating judge for
trial
and deposition, depending on the seriousness of the crime.
The
trial judge also acts as a court of second instance for
actions
taken by an investigating judge. If the trial judge
concurs in
the decision by a lower court, the action is ended; a
judge who
disagrees may direct a retrial. The judge also considers
appeals
from decisions of the lower courts. If the trial judge
decides to
hear a new case, the proceedings are generally similar to
those
in the lower court, but there are some important
differences. For
example, the defendant must be represented by an attorney,
either
his own or one appointed by the judge. Additional
witnesses may
be called--either for or against the defendant--if the
judge
feels that they may contribute to a better understanding
of the
case. The judge may also call on advisers when ready to
study the
data developed during the trial. Within three days after
the
trial's conclusion, the judge must confront the defendant
and
pronounce sentence. The district courts and the Supreme
Court of
Justice follow the same procedures for reviews and
appeals.
|
Background | | Bolivia, named after independence fighter Simon BOLIVAR, broke away from Spanish rule in 1825; much of its subsequent history has consisted of a series of nearly 200 coups and countercoups. Democratic civilian rule was established in 1982, but leaders have faced difficult problems of deep-seated poverty, social unrest, and illegal drug production. In December 2005, Bolivians elected Movement Toward Socialism leader Evo MORALES president - by the widest margin of any leader since the restoration of civilian rule in 1982 - after he ran on a promise to change the country's traditional political class and empower the nation's poor, indigenous majority. However, since taking office, his controversial strategies have exacerbated racial and economic tensions between the Amerindian populations of the Andean west and the non-indigenous communities of the eastern lowlands. In December 2009, President MORALES easily won reelection, and his party took control of the legislative branch of the government, which will allow him to continue his process of change.
|
|
Location | | Central South America, southwest of Brazil
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|
Area(sq km) | | total: 1,098,581 sq km
land: 1,083,301 sq km
water: 15,280 sq km
|
|
Geographic coordinates | | 17 00 S, 65 00 W
|
|
Land boundaries(km) | | total: 6,940 km
border countries: Argentina 832 km, Brazil 3,423 km, Chile 860 km, Paraguay 750 km, Peru 1,075 km
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|
Coastline(km) | | 0 km (landlocked)
|
|
Climate | | varies with altitude; humid and tropical to cold and semiarid
|
|
Elevation extremes(m) | | lowest point: Rio Paraguay 90 m
highest point: Nevado Sajama 6,542 m
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|
Natural resources | | tin, natural gas, petroleum, zinc, tungsten, antimony, silver, iron, lead, gold, timber, hydropower
|
|
Land use(%) | | arable land: 2.78%
permanent crops: 0.19%
other: 97.03% (2005)
|
|
Irrigated land(sq km) | | 1,320 sq km (2003)
|
|
Total renewable water resources(cu km) | | 622.5 cu km (2000)
|
|
Freshwater withdrawal (domestic/industrial/agricultural) | | total: 1.44 cu km/yr (13%/7%/81%)
per capita: 157 cu m/yr (2000)
|
|
Natural hazards | | flooding in the northeast (March-April)
|
|
Environment - current issues | | the clearing of land for agricultural purposes and the international demand for tropical timber are contributing to deforestation; soil erosion from overgrazing and poor cultivation methods (including slash-and-burn agriculture); desertification; loss of biodiversity; industrial pollution of water supplies used for drinking and irrigation
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|
Environment - international agreements | | party to: Biodiversity, Climate Change, Climate Change-Kyoto Protocol, Desertification, Endangered Species, Hazardous Wastes, Law of the Sea, Marine Dumping, Ozone Layer Protection, Ship Pollution, Tropical Timber 83, Tropical Timber 94, Wetlands
signed, but not ratified: Environmental Modification, Marine Life Conservation
|
|
Geography - note | | landlocked; shares control of Lago Titicaca, world's highest navigable lake (elevation 3,805 m), with Peru
|
|
Population | | 9,775,246 (July 2009 est.)
|
|
Age structure(%) | | 0-14 years: 35.5% (male 1,767,310/female 1,701,744)
15-64 years: 60% (male 2,877,605/female 2,992,043)
65 years and over: 4.5% (male 193,196/female 243,348) (2009 est.)
|
|
Median age(years) | | total: 21.9 years
male: 21.3 years
female: 22.6 years (2009 est.)
|
|
Population growth rate(%) | | 1.772% (2009 est.)
|
|
Birth rate(births/1,000 population) | | 25.82 births/1,000 population (2009 est.)
|
|
Death rate(deaths/1,000 population) | | 7.05 deaths/1,000 population (July 2009 est.)
|
|
Net migration rate(migrant(s)/1,000 population) | | -1.05 migrant(s)/1,000 population (2009 est.)
|
|
Urbanization(%) | | urban population: 66% of total population (2008)
rate of urbanization: 2.5% annual rate of change (2005-10 est.)
|
|
Sex ratio(male(s)/female) | | at birth: 1.05 male(s)/female
under 15 years: 1.04 male(s)/female
15-64 years: 0.96 male(s)/female
65 years and over: 0.79 male(s)/female
total population: 0.98 male(s)/female (2009 est.)
|
|
Infant mortality rate(deaths/1,000 live births) | | total: 44.66 deaths/1,000 live births
male: 48.56 deaths/1,000 live births
female: 40.57 deaths/1,000 live births (2009 est.)
|
|
Life expectancy at birth(years) | | total population: 66.89 years
male: 64.2 years
female: 69.72 years (2009 est.)
|
|
Total fertility rate(children born/woman) | | 3.17 children born/woman (2009 est.)
|
|
Nationality | | noun: Bolivian(s)
adjective: Bolivian
|
|
Ethnic groups(%) | | Quechua 30%, mestizo (mixed white and Amerindian ancestry) 30%, Aymara 25%, white 15%
|
|
Religions(%) | | Roman Catholic 95%, Protestant (Evangelical Methodist) 5%
|
|
Languages(%) | | Spanish 60.7% (official), Quechua 21.2% (official), Aymara 14.6% (official), foreign languages 2.4%, other 1.2% (2001 census)
|
|
Country name | | conventional long form: Plurinational State of Bolivia
conventional short form: Bolivia
local long form: Estado Plurinacional de Bolivia
local short form: Bolivia
|
|
Government type | | republic; note - the new constitution defines Bolivia as a "Social Unitarian State"
|
|
Capital | | name: La Paz (administrative capital)
geographic coordinates: 16 30 S, 68 09 W
time difference: UTC-4 (1 hour ahead of Washington, DC during Standard Time)
note: Sucre (constitutional capital)
|
|
Administrative divisions | | 9 departments (departamentos, singular - departamento); Beni, Chuquisaca, Cochabamba, La Paz, Oruro, Pando, Potosi, Santa Cruz, Tarija
|
|
Constitution | | 7-Feb-09
|
|
Legal system | | based on Spanish law and Napoleonic Code; has not accepted compulsory ICJ jurisdiction; the 2009 Constitution incorporates indigenous community justice into Bolivia's judicial system
|
|
Suffrage | | 18 years of age, universal and compulsory (married); 21 years of age, universal and compulsory (single)
|
|
Executive branch | | chief of state: President Juan Evo MORALES Ayma (since 22 January 2006); Vice President Alvaro GARCIA Linera (since 22 January 2006); note - the president is both chief of state and head of government
head of government: President Juan Evo MORALES Ayma (since 22 January 2006); Vice President Alvaro GARCIA Linera (since 22 January 2006)
cabinet: Cabinet appointed by the president
elections: president and vice president elected on the same ticket by popular vote for a single five-year term; election last held 6 December 2009 (next to be held in 2014); note - per the new constitution, presidents can serve for a total of two consecutive terms
election results: Juan Evo MORALES Ayma elected president; percent of vote - Juan Evo MORALES Ayma 64%; Manfred REYES VILLA 26%; Samuel DORIA MEDINA Arana 6%; Rene JOAQUINO 2%; other 2%
|
|
Legislative branch | | bicameral Plurinational Legislative Assembly or Asamblea Legislativa Plurinacional consists of Chamber of Senators or Camara de Senadores (36 seats; members are elected by proportional representation from party lists to serve five-year terms) and Chamber of Deputies or Camara de Diputados (130 seats; 76 members are directly elected from their districts [7 or 8 of these are chosen from indigenous districts] and 54 are elected by proportional representation from party lists to serve five-year terms).
elections: Chamber of Senators and Chamber of Deputies - last held 6 December 2009 (next to be held in 2015)
election results: Chamber of Senators - percent of vote by party - NA; seats by party - MAS 26, PPB-CN 10; Chamber of Deputies - percent of vote by party - NA; seats by party - MAS 89, PPB-CN 36, UN 3, AS 2
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|
Judicial branch | | Supreme Court or Corte Suprema (judges elected by popular vote from list of candidates pre-selected by Assembly for six-year terms); District Courts (one in each department); Plurinational Constitutional Court (five primary or titulares and five alternate or suplente magistrates elected by popular vote from list of candidates pre-selected by Assembly for six-year terms; to rule on constitutional issues); Plurinational Electoral Organ (seven members elected by the Assembly and the president; one member must be of indigenous origin to six-year terms); Agro-Environmental Court (judges elected by popular vote from list of candidates pre-selected by Assembly for six-year terms; to run on agro-environmental issues); provincial and local courts (to try minor cases)
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Political pressure groups and leaders | | Bolivian Workers Central or COR; Federation of Neighborhood Councils of El Alto or FEJUVE; Landless Movement or MST; National Coordinator for Change or CONALCAM; Sole Confederation of Campesino Workers of Bolivia or CSUTCB
other: Cocalero groups; indigenous organizations (including Confederation of Indigenous Peoples of Eastern Bolivia or CIDOB and National Council of Ayullus and Markas of Quollasuyu or CONAMAQ); labor unions (including the Central Bolivian Workers' Union or COB and Cooperative Miners Federation or FENCOMIN)
|
|
International organization participation | | CAN, FAO, G-77, IADB, IAEA, IBRD, ICAO, ICC, ICCt, ICRM, IDA, IFAD, IFC, IFRCS, ILO, IMF, IMO, Interpol, IOC, IOM, IPU, ISO (correspondent), ITSO, ITU, LAES, LAIA, Mercosur (associate), MIGA, MINUSTAH, MONUC, NAM, OAS, OPANAL, OPCW, PCA, RG, UN, UNASUR, UNCTAD, UNESCO, UNFICYP, UNIDO, Union Latina, UNMIL, UNMIS, UNOCI, UNWTO, UPU, WCL, WCO, WFTU, WHO, WIPO, WMO, WTO
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|
Flag description | | three equal horizontal bands of red (top), yellow, and green with the coat of arms centered on the yellow band
note: similar to the flag of Ghana, which has a large black five-pointed star centered in the yellow band; in 2009, a presidential decree made it mandatory for a so-called wiphala - a square, multi-colored flag representing the country's indigenous peoples - to be used alongside the traditional flag
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Economy - overview | | Bolivia is one of the poorest and least developed countries in Latin America. Following a disastrous economic crisis during the early 1980s, reforms spurred private investment, stimulated economic growth, and cut poverty rates in the 1990s. The period 2003-05 was characterized by political instability, racial tensions, and violent protests against plans - subsequently abandoned - to export Bolivia's newly discovered natural gas reserves to large northern hemisphere markets. In 2005, the government passed a controversial hydrocarbons law that imposed significantly higher royalties and required foreign firms then operating under risk-sharing contracts to surrender all production to the state energy company. In early 2008, higher earnings for mining and hydrocarbons exports pushed the current account surplus to 9.4% of GDP and the government's higher tax take produced a fiscal surplus after years of large deficits. Private investment as a share of GDP, however, remains among the lowest in Latin America, and inflation remained at double-digit levels in 2008. The decline in commodity prices in late 2008, the lack of foreign investment in the mining and hydrocarbon sectors, and the suspension of trade benefits with the United States will pose challenges for the Bolivian economy in 2009.
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|
GDP (purchasing power parity) | | $43.38 billion (2008 est.)
$40.88 billion (2007 est.)
$39.08 billion (2006 est.)
note: data are in 2008 US dollars
|
|
GDP (official exchange rate) | | $16.6 billion (2008 est.)
|
|
GDP - real growth rate(%) | | 6.1% (2008 est.)
4.6% (2007 est.)
4.8% (2006 est.)
|
|
GDP - per capita (PPP) | | $4,500 (2008 est.)
$4,300 (2007 est.)
$4,200 (2006 est.)
note: data are in 2008 US dollars
|
|
GDP - composition by sector(%) | | agriculture: 11.3%
industry: 36.9%
services: 51.8% (2008 est.)
|
|
Labor force | | 4.454 million (2008 est.)
|
|
Labor force - by occupation(%) | | agriculture: 40%
industry: 17%
services: 43% (2006 est.)
|
|
Unemployment rate(%) | | 7.5% (2008 est.)
7.5% (2007 est.)
note: data are for urban areas; widespread underemployment
|
|
Population below poverty line(%) | | 60% (2006 est.)
|
|
Household income or consumption by percentage share(%) | | lowest 10%: 0.5%
highest 10%: 44.1% (2005)
|
|
Distribution of family income - Gini index | | 59.2 (2006)
44.7 (1999)
|
|
Investment (gross fixed)(% of GDP) | | 18% of GDP (2008 est.)
|
|
Budget | | revenues: $8.039 billion
expenditures: $7.5 billion (2008 est.)
|
|
Inflation rate (consumer prices)(%) | | 14% (2008 est.)
8.7% (2007 est.)
|
|
Stock of money | | $3.998 billion (31 December 2008)
$3.032 billion (31 December 2007)
|
|
Stock of quasi money | | $6.339 billion (31 December 2008)
$4.729 billion (31 December 2007)
|
|
Stock of domestic credit | | $5.433 billion (31 December 2008)
$4.759 billion (31 December 2007)
|
|
Market value of publicly traded shares | | $NA (31 December 2008)
$2.263 billion (31 December 2007)
$2.223 billion (31 December 2006)
|
|
Economic aid - recipient | | $582.9 million (2005 est.)
|
|
Public debt(% of GDP) | | 45.2% of GDP (2008 est.)
46.3% of GDP (2007 est.)
|
|
Agriculture - products | | soybeans, coffee, coca, cotton, corn, sugarcane, rice, potatoes; timber
|
|
Industries | | mining, smelting, petroleum, food and beverages, tobacco, handicrafts, clothing
|
|
Industrial production growth rate(%) | | 10.6% (2008 est.)
|
|
Current account balance | | $2.015 billion (2008 est.)
$1.984 billion (2007 est.)
|
|
Exports | | $6.448 billion (2008 est.)
$4.49 billion (2007 est.)
|
|
Exports - commodities(%) | | natural gas, soybeans and soy products, crude petroleum, zinc ore, tin
|
|
Exports - partners(%) | | Brazil 60.1%, US 8.3%, Japan 4.1% (2008)
|
|
Imports | | $4.641 billion (2008 est.)
$3.24 billion (2007 est.)
|
|
Imports - commodities(%) | | petroleum products, plastics, paper, aircraft and aircraft parts, prepared foods, automobiles, insecticides, soybeans
|
|
Imports - partners(%) | | Brazil 26.7%, Argentina 16.3%, US 10.5%, Chile 9.5%, Peru 7.1%, China 4.8% (2008)
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|
Reserves of foreign exchange and gold | | $7.722 billion (31 December 2008 est.)
$5.318 billion (31 December 2007 est.)
|
|
Debt - external | | $5.931 billion (31 December 2008)
$5.385 billion (31 December 2007)
|
|
Stock of direct foreign investment - at home | | $5.998 billion (31 December 2008)
|
|
Stock of direct foreign investment - abroad | | $NA
|
|
Exchange rates | | bolivianos (BOB) per US dollar - 7.253 (2008 est.), 7.8616 (2007), 8.0159 (2006), 8.0661 (2005), 7.9363 (2004)
|
|
Currency (code) | | boliviano (BOB)
|
|
Telephones - main lines in use | | 690,000 (2008)
|
|
Telephones - mobile cellular | | 4.83 million (2008)
|
|
Telephone system | | general assessment: privatization begun in 1995; reliability has steadily improved; new subscribers face bureaucratic difficulties; most telephones are concentrated in La Paz and other cities; mobile-cellular telephone use expanding rapidly; fixed-line teledensity of 7 per 100 persons; mobile-cellular telephone density slighly exceeds 50 per 100 persons
domestic: primary trunk system, which is being expanded, employs digital microwave radio relay; some areas are served by fiber-optic cable; mobile cellular systems are being expanded
international: country code - 591; satellite earth station - 1 Intelsat (Atlantic Ocean) (2008)
|
|
Internet country code | | .bo
|
|
Internet users | | 1 million (2008)
|
|
Airports | | 952 (2009)
|
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Pipelines(km) | | gas 4,883 km; liquid petroleum gas 47 km; oil 2,475 km; refined products 1,589 km (2008)
|
|
Roadways(km) | | total: 62,479 km
paved: 3,749 km
unpaved: 58,730 km (2004)
|
|
Ports and terminals | | Puerto Aguirre (inland port on the Paraguay/Parana waterway at the Bolivia/Brazil border); Bolivia has free port privileges in maritime ports in Argentina, Brazil, Chile, and Paraguay
|
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Military branches | | Bolivian Armed Forces: Bolivian Army (Ejercito Boliviano, EB), Bolivian Navy (Fuerza Naval Boliviana, FNB; includes marines), Bolivian Air Force (Fuerza Aerea Boliviana, FAB) (2009)
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|
Military service age and obligation(years of age) | | 18-49 years of age for 12-month compulsory military service; when annual number of volunteers falls short of goal, compulsory recruitment is effected, including conscription of boys as young as 14; 15-19 years of age for voluntary premilitary service, provides exemption from further military service (2009)
|
|
Manpower available for military service | | males age 16-49: 2,295,746
females age 16-49: 2,366,828 (2008 est.)
|
|
Manpower fit for military service | | males age 16-49: 1,666,697
females age 16-49: 1,906,396 (2009 est.)
|
|
Manpower reaching militarily significant age annually | | male: 108,304
female: 104,882 (2009 est.)
|
|
Military expenditures(% of GDP) | | 1.9% of GDP (2006)
|
|
Disputes - international | | Chile and Peru rebuff Bolivia's reactivated claim to restore the Atacama corridor, ceded to Chile in 1884, but Chile offers instead unrestricted but not sovereign maritime access through Chile for Bolivian natural gas and other commodities; an accord placed the long-disputed Isla Suarez/Ilha de Guajara-Mirim, a fluvial island on the Rio Mamore, under Bolivian administration in 1958, but sovereignty remains in dispute
|
|
Electricity - production(kWh) | | 5.495 billion kWh (2007 est.)
|
|
Electricity - production by source(%) | | fossil fuel: 44.4%
hydro: 54%
nuclear: 0%
other: 1.5% (2001)
|
|
Electricity - consumption(kWh) | | 4.665 billion kWh (2007 est.)
|
|
Electricity - exports(kWh) | | 0 kWh (2008 est.)
|
|
Electricity - imports(kWh) | | 0 kWh (2008 est.)
|
|
Oil - production(bbl/day) | | 51,360 bbl/day (2008 est.)
|
|
Oil - consumption(bbl/day) | | 60,000 bbl/day (2008 est.)
|
|
Oil - exports(bbl/day) | | 10,950 bbl/day (2007 est.)
|
|
Oil - imports(bbl/day) | | 6,172 bbl/day (2007 est.)
|
|
Oil - proved reserves(bbl) | | 465 million bbl (1 January 2009 est.)
|
|
Natural gas - production(cu m) | | 14.2 billion cu m (2008 est.)
|
|
Natural gas - consumption(cu m) | | 2.41 billion cu m (2008 est.)
|
|
Natural gas - exports(cu m) | | 11.79 billion cu m (2008)
|
|
Natural gas - proved reserves(cu m) | | 750.4 billion cu m (1 January 2009 est.)
|
|
HIV/AIDS - adult prevalence rate(%) | | 0.2% (2007 est.)
|
|
HIV/AIDS - people living with HIV/AIDS | | 8,100 (2007 est.)
|
|
HIV/AIDS - deaths | | fewer than 500 (2007 est.)
|
|
Major infectious diseases | | degree of risk: high
food or waterborne diseases: bacterial diarrhea, hepatitis A, and typhoid fever
vectorborne diseases: dengue fever, malaria, and yellow fever
water contact disease: leptospirosis (2009)
|
|
Literacy(%) | | definition: age 15 and over can read and write
total population: 86.7%
male: 93.1%
female: 80.7% (2001 census)
|
|
Education expenditures(% of GDP) | | 6.4% of GDP (2003)
|
