The Member States of the Organization of American States shall establish by law a series of
alternative or substitute measures for deprivation of liberty, duly taking into account the
international human rights standards on the topic.
When applying alternative or substitute measures for deprivation of liberty, Member States
shall promote the participation of society and the family in such a way as to complement the
intervention by the State, and shall also provide the necessary and appropriate resources to
ensure their availability and effectiveness.
254. According to Rule 3 of the UN Standard Minimum Rules for Non-custodial Measures (Tokyo
Rules) , which have among other aims that the states introduce “non-custodial measures within their legal
systems to provide other options, thus reducing the use of imprisonment, and to rationalize criminal justice
policies, taking into account the observance of human rights, the requirements of social justice and the
rehabilitation needs of the offender,” the following legal safeguards should be established:
3.1 The introduction, definition and application of non-custodial measures shall be
prescribed by law.
3.2 The selection of a non-custodial measure shall be based on an assessment of established
criteria in respect of both the nature and gravity of the offence and the personality,
background of the offender, the purposes of sentencing and the rights of victims.
255. The Commission notes that pursuant to the legislation in force at the time of the facts in
Bolivia (Article 240 of the Code of Criminal Procedure), in those cases in which pre-trial detention is
unfounded, but there is a danger of flight or obstruction of the procedure, the judge or court could order, by a
reasoned resolution, that one of more of the following substitute measures be applied:
1. Household arrest, either in the accused’s domicile or in another person’s, with no
surveillance or with the surveillance ordered by the court;
2. Supervised release, where the accused must appear regularly before the judge, court or
other designated authority;
3. Prohibiting the person concerned from leaving the country, the place in which he or she
resides or the area prescribed by the judge or the court, without the court’s or judge’s
authorization, and conveying said order to the competent authorities;
4. Designating certain places as off-limits for the accused;
5. Prohibiting the accused from speaking with certain persons, provided the accused’s right
of defense is not adversely affected; and
6. Release on one’s personal recognizance or bail. The bail may be posted by the accused or
by another person by depositing money, securities, collateral or a mortgage.
256. As regards the purpose and determination of the bail, the Commission observes that Article
241 of the Code of Criminal Procedure notes:
The bail will have the exclusive aim of ensuring that the accused will carry out all the
obligations that are imposed on him or her and the orders of the judge or court.
Bail will be set bearing in mind the economic situation of the accused; in no case will a bail
be set that is impossible to post.
The accused and the guarantor will be able to substitute an equivalent for the bail, after it is
authorized by the judge or court.
257. The Commission notes as regards the duration of the bail that according to Article 249 of the
Code of Criminal Procedure:
The bail shall be paid and the goods put up as collateral shall be returned, plus interest
generated in the bank account, so long as it has not first been executed, when: 1. the decision