Bolivian government creates complaints system against illegal charges in Public Ministry and Police
Supreme Decree 5749 regulates the receipt of complaints for extortion and illegal charges by public servants. The Vice-ministry of Transparency will centralise cases.
New decree regulates complaints for extortion in State institutions
The government of President Rodrigo Paz approved Supreme Decree 5749 to regulate the receipt and channelling of administrative complaints for extortion, illegal exaction and unlawful charges in public institutions, reports El Deber.
The regulation applies to public servants and former officials of the Public Ministry, the Judicial Organ, Real Estate Rights, the Plurinational Constitutional Court (TCP) and the Bolivian Police who have engaged in such conduct during judicial or administrative proceedings.
Article 2 of the decree defines as reportable conduct "the demand, request, collection or improper receipt of sums of money, gifts, patrimonial benefits, favours, promises or advantages for oneself or for another person or entity, to admit, process, paralyse, delay, accelerate, issue, fail to issue or divert judicial or administrative proceedings".
The Vice-ministry of Transparency, which reports to the Ministry of the Presidency, was designated as the body responsible for receiving, registering, processing and channelling such complaints. Submissions may be made in writing both at the central office and at the departmental liaison offices of that agency.
The decree expressly clarifies that the receipt of complaints at the Vice-ministry does not imply a review of jurisdictional activity, will not generate suspension of deadlines nor will it interfere in the functions of other entities.
Regarding protection of complainants, Article 5 establishes that anonymity may be applied at the request of the interested party or of its own accord. Such anonymity will be maintained throughout the administrative procedure and, if the case is referred to criminal authorities, the Vice-ministry will request that the competent authority maintain the protection in accordance with regulations concerning witnesses and complainants.
The measure is issued a few days after the arrest of former Attorney General Roger Mariaca, who is imprisoned for allegedly leading a criminal organisation dedicated to protecting drug traffickers. His arrest also resulted in the discovery of millions of pounds in cash and assets.
Source: El Deber