Bereavement Information Pack:
Guidance for Next of Kin
AuthorConsular Section
DepartmentBritish Embassy La Paz
Date08 August 2016-08-15
DEATHS INVOLVING BRITISH NATIONALS IN BOLIVIA
GUIDANCE FOR NEXT OF KIN
The death of a relative or a friend is always distressing and can be a traumatic experience. When the death takes place overseas, family and friends in the UK can feel additional distress as you are unfamiliar with foreign procedures and perhaps are unable to communicate in the language of the country where the death occurred. Consular Directorate of the Foreign and Commonwealth Office and our Embassy in Bolivia are ready to help as far as we can. You may be uncertain about what to do next or who to contact for advice. These notes are designed to help you through the practical arrangements you will need to make. While care has been taken in compiling these notes, no legal liability for their contents is accepted by the British Embassy in Bolivia or HM Government.
You should be aware that Bolivian procedures differ significantly to those in the United Kingdom and that, while we understand your need for arrangements to be made quickly, this is not always possible.
WHAT STEPS HAVE TO BE TAKEN WHEN A PERSON DIES IN BOLIVIA?
The procedures (explained below) that must be followed in Bolivia are extremely bureaucratic. You must ensure that you have all the necessary paperwork before you arrange a burial, cremation or repatriation.
There are two types of undertakers in Bolivia: undertakers that deal solely with their own cemeteries (considered in these notes as “private” undertakers), and undertakers that deal with all cemeteries dependent on the wishes of the families (considered in these notes as “public” undertakers).
The most commonly used undertaker, and the only “public” undertaker in Bolivia is Funeraria Valdivia. Funeraria Valdivia is a well equipped company, is used to working with foreigners, and has at least one English-speaking staff member. Funeraria Valdivia can repatriate the deceased back to the UK on your behalf and will liaise with foreign insurance companies.
“Private” undertakers do not deal with foreign insurance companies or repatriations. If you choose to instruct a “private” undertaker and wish to repatriate the deceased back to the UK you will need to make all arrangements for repatriation yourself and pay the undertakers service (for preparing the deceased) in advance. Please note that the Embassy cannot arrange for documentation on your behalf. However, we can advise you, or your representative in Bolivia, of procedures.
A list of undertakers is attached for the cities of La Paz and Santa Cruz. If you require details of an undertaker outside of these areas please contact us for details.
Following the death of a British national in Bolivia, their next of kin, or a formally appointed representative, must decide whether to repatriate the deceased to the UK, or carry out a local burial or cremation. If the deceased was covered by travel insurance, it is important for the next of kin to contact the insurance company without delay. If there is no insurance cover, the cost of repatriation or burial will need to be met by the family. Neither the Foreign and Commonwealth Office nor our Embassy in Bolivia have budget to meet these costs.
Consular staff in London will pass on to the Embassy in Bolivia the wishes of the next of kin about disposal of the body, and details of who is taking responsibility for the costs involved. We will do our best to ensure these wishes are carried out.
Once you have designated the local undertaker, they will make arrangements on your behalf and they will be in charge of obtaining all the required paperwork based on your instructions. If there is an insurance policy in place, the UK insurance company and designated UK funeral home will instruct the local undertaker and will co-ordinate the relevant payment.
BURIAL
If next of kin choose to proceed with a local burial, they will need to instruct a local funeral director. Please note that in Bolivia there are two options for 'burial', burial at the State cemetery or ‘burial’ at a private cemetery. The right to remain in the State cemetery is for a 5 years period only. After this time you would need to purchase a perpetuity (the remains would be cremated, stored in an urn and placed in a columbarium).
Documentation/processes necessary for burial:
- Issue of Medical Death certificate by a forensic doctor
- Registration of Death Certificate at the Registry Office
- Certificate of identification of remains (if applicable)
- Issue of “Formolisation” Certificate for the preservation of remains by the Ministry of Health
- Issue of Burial authorisation by the Ministry of Health. If deceased in a small village, authorisation to be issued by the head of the medical centre.
For all the above arrangements, the designated local undertaker will be in charge of gathering all the documents.
CREMATION
Cremation is widely accepted in Bolivia and, with the exception of rural areas, there are well equipped crematoriums. Please note that the only undertakers authorised to perform cremations are Funeraria Valdivia. However, it is still possible to instruct a “private” undertaker to carry out a cremation. The “private” undertaker will contact Funeraria Valdivia and arrange the necessary. If next of kin choose local cremation and wish to take the ashes back to the UK themselves, they can do so with minimal bureaucracy. If this is not possible, the “public” undertaker can arrange the necessary paperwork and transportation. Airline regulations may stipulate that ashes must be placed in luggage for the hold or sent as cargo and cannot be transported as hand luggage.
Cremation procedure:
- Issue of Medical Death certificate by a forensic doctor
- Registration of Death Certificate at the Registry Office
- Certificate of identification of remains (if applicable)
- Autopsy report (if applicable)
- Cremation authorisation from Next of Kin
- Issue of Cremation Permission by the Ministry of Health to local undertaker, stating where it will take place.
- Cremation Certificate.
- All documents must be legalised.
For all the above local arrangements, the designated local undertaker will be in charge of gathering all the documents.
EMBALMING
Most undertakers in Bolivia provide an embalming service to preserve the remainsfrom decomposing. Remains must be embalmed before repatriation.
Documentation/processes necessary for embalming:
- Medical Death certificate, issued by a forensic doctor
- Registration of Death Certificate at the Registry Office
- Certificate of identification of remains (if applicable)
- Autopsy report (if applicable)
- Issue of “Formolisation” Certificate for the preservation of remains (injecting 40% formolhyde) issued by the Ministry of Health/District Prosecutor’s doctor and/or police pathologist.
If deceased at a health centre: Issue of death certificate.
If deceased outside a health centre: the judicial police pathologists and the appointed forensic doctor must undertake an autopsy in order to establish the cause of death, and is also responsible for carrying out the preservation of the body.
For all the above local arrangements, the designated local undertaker will be in charge of gathering all the documents.
REPATRIATION OF ASHES / REMAINS
If the deceased was covered by travel insurance, the insurance company will normally have a standing agreement with an International funeral director in Britain to arrange repatriations. If the deceased was not covered by insurance, next of kin will need to appoint an undertaker in Bolivia or an International funeral director themselves. Please note the advice given above. If the deceased was not covered by insurance and you choose to instruct a “private” undertaker you will need to make all arrangements for repatriation yourself and pay the undertakers service (for preparing the deceased) in advance. If the deceased was not covered by insurance and you choose to instruct Funeraria Valdivia they can make all arrangements on your behalf. In both cases, you will be expected to pay in advance for the service.
The “public” undertaker in Bolivia is equipped to carry out repatriation procedures and will provide the special caskets required for the international carriage of human remains. A local civil registry death certificate, plus the doctor's death certificate (indicating cause of death), a certificate of embalming, and a certificate giving permission to transfer the remains to the UK is required to ship the body. If using the “public” undertaker, this will all be arranged by Funeraria Valdivia. If using a “private” undertaker you will need to personally arrange all the certification and possibly purchase separately the special casket required. Our Embassy in Bolivia can provide covering certificates for British Customs. Local formalities for repatriation normally take 8 to 10 days to complete.
In certain circumstances repatriation may not always be possible. Our consular staff will try and inform next of kin as soon as possible if this is the case.
Documentation/processes necessary for repatriation of ashes/remains
Apart from other documents listed above:
- Embalming process (ref. Embalming section)
- Permission Certificate for repatriation of ashes/remains, issued by the Epidemiology Department of the Ministry of Health to the assigned airline and local undertaker. This document should include a basic flight itinerary.
- All corresponding documents for repatriation are verified by the International Health Department, customs and the anti-narcotics department at the airport.
- “Formolisation” Certificate for the preservation of remains (injecting 40% formolhyde) issued by the Ministry of Health/District Prosecutor’s doctor and/or police pathologist.
- Certificate from local undertaker stating that the coffin containing ashes/remains complies with health regulations: special hermetically sealed coffin (inner metal-casket and external wooden-container) is required for repatriation of remains. In addition, the local undertaker needs to certify that an embalming and “formolhyde” procedures have been done, and that the coffin does not contain any drugs, weapons or explosives.
- Air waybill issued by airline
- All authorisation certificates must be legalised by the Ministry of Health and also by the Ministry of Foreign Affairs.
AUTOPSIES/REMOVAL OF ORGANS
Autopsies are carried out by court appointed forensic doctors and police pathologists. Under Bolivian law, an autopsy is mandatory if a person dies from a violent or sudden incident. If a person dies in hospital, or of an illness lasting for more than 24 hours, an autopsy is not mandatory. Organs cannot be removed for any purpose without prior consent of the deceased.
Documentation/processes necessary for autopsy:
- Medical Death certificate, issued by forensic doctor
- Certificate of identification of remains, issued by the judicial police and the district prosecutor (Fiscalía) (for violent and/or sudden death)
- Medical (Autopsy) Legal Report, issued by an official police/prosecutor doctor
- Registration of Death Certificate at the Registry Office
RELEASE OF INFORMATION IN BOLIVIA
Access to information concerning a death, other than post-mortem and police reports, is restricted. The Bolivian authorities will not provide this information directly to next of kin, or to third parties including our Consulates. Requests for this information should be made through a legal representative. Our consular staff can provide lists of English speaking lawyers throughout Bolivia. The release of any information can take many months, and the documents will be in Spanish.
POLICE/JUDICIAL ENQUIRIES
Action taken in suspicious deaths and road traffic accidents are led by the examining prosecutor, but supported by the judicial police. Police will make a copy of their report available to the family upon request.
If the police apprehend a suspect and the State decides to prosecute the following is likely to happen:
-Inquiry phase in charge of the judicial police, but under the control of the state/district prosecutor. Confidential inquiries within the first 24-48 hours – no public access.
-If evidence found, the state prosecutor will lead a 90-days investigation phase. Inquiries within this period are delegated to the district judicial police. Public access.
- After above period, prosecutor to announce judgement (to accuse or to dismiss)
- If suspect accused, preliminary hearing to take place before the judge
- Judge to give verdict
- If trial is called by the judge, court hearing to take place before the designated court
- Court to sentence suspect
The above process could take between 6 months to 1 year, sometimes even more.
LEGAL AID
“Pro Bono” lawyers are available, however,they are unlikely to take on non-criminal cases from foreigners and most of them only speak the local language. If it is a public accusation, the state prosecutor will be in charge of the inquiry/investigation of a deceased case. For private allegation, the Consular Section of the British Embassy has available a list of local lawyers for your reference.
CONSULAR DEATH REGISTRATION
There is no obligation for the death overseas of a British national to be registered with the British Embassy. However, there are the advantages that a British form of death certificate is then available, and that a record of the death is afterwards held at the General Register Office in the UK.
To apply from within the UK, you should contact Nationality and Passports Section of Consular Directorate, Old Admiralty Building, London SW1A 2AF Tel: 020 7008 0186. If you are applying from Bolivia, you should contact British Embassy in La Paz.
UK CORONERS
When a body is repatriated to England or Wales, a coroner will hold an inquest only if the death was violent or unnatural, or if the death was sudden and the cause unknown. In some countries the cause of death is not given on the death certificate, and coroners do not generally have access to judicial files from other countries. Consequently coroners may order a post-mortem as part of the inquest.
Coroners can request copies of post-mortem and police reports from the Bolivian authorities. However, these will only be provided once any judicial proceedings are completed. In some instances this can take many months.
In Scotland, the Crown Office and Procurator Fiscal Service (COPFS) deals with the investigation of all sudden, suspicious, accidental, unexpected and unexplained deaths which occur in Scotland. However, the COPFS does not have the jurisdiction to investigate deaths that occur outside Scotland apart from a few limited circumstances. Broadly, those circumstances include terrorism, cases where the death may been caused in Scotland but the person died outside Scotland and cases where the death was as a result of murder or culpable homicide caused by another British citizen or subject.
Coroners in Northern Ireland are not obliged to hold an inquest into cause of death. However, next of kin can apply for a judicial review if no inquest is held.
MAJOR CONSULAR EMERGENCY
Bolivia has limited facilities to manage a major consular disaster resulting in a high number of fatalities. For example, there is limited space in mortuaries and most mortuaries have small refrigerated areas. It is also likely (in the event of an emergency) that funeral directors would be extremely busy and that government departments responsible for issuing essential documentation would be under considerable strain. This would result in considerable disorganisation. Depending on the size of consular disaster, the Embassy staff may also be under significant pressure. Please bear these factors in mind when deciding on the options above.
BOLIVIAN FUNERAL DIRECTORS
Please note that the listing of the companies above does not represent FCO endorsement of their services. Please contact us for information of funeral directors outside of Santa Cruz and La Paz.
LA PAZ
Funeraria Valdivia
Av. Busch No. 1278
Miraflores
La Paz
Telephone: 591 2 2224455 – 591 77290449
Fax: 591 2 2222015
Funeraria Santa María
Av. Busch No. 1319, esquina Brasil
Miraflores
La Paz
Telephone: 591 2 2314545
Funeraria Escalante
Av. Brasil No. 1449
Miraflores
La Paz
Telephone: 591 2 2228424 – 591 70646288
Funeraria Aliaga
Av. Busch No. 1255
Miraflores
La Paz
Telephone: 591 2 2224319
Funeraria Monte Sacro
Calle Carrasco No. 1506, esquina Cuba
Miraflores
La Paz
Telephone: 591 2 2221598 – 591 2 2812104 – 591 77549873
Funeraria Renacer
Calle Presbítero Medina No. 2488
Sopocachi
La Paz
Telephone: 591 2 2141434 – 591 2 2415825
SANTA CRUZ
Funeraria Exequial Monte Olivo
Av. Santa Cruz, 3 Pasos al Frente
2do Anillo
Santa Cruz
Telephone: 591 3 3469191
Funeraria Las Misiones
Av. Canal Cotoca, Av. Perimetral
Santa cruz
Telephone: 591 3 3646363
Funeraria Los Cirios
Av. Cristóbal de Mendonza No. 732
Santa Cruz
Telephone: 591 3 3395151 – 591 3 3334788