[prisoner-rights] CAT 32nd session: Committee hears response from Chile

UNITED NATIONS
Press Release

--------------------------------------------------------------------

xxxxxxxxxxCOMMITTEE AGAINST TORTURE HEARS RESPONSE OF CHILE TO
QUESTIONS ON ITS THIRD PERIODIC REPORTxxxxxxxxxx

Committee against Torture
AFTERNOON 11 May 2004


The Committee against Torture this afternoon heard the response of
Chile to queries and observations raised by Committee members on the
third periodic report of that country on how it implements the
provisions of the Convention against Torture.

The Chilean delegation said that the principle laid down by the
Government under the slogan of "no tomorrow without yesterday" was
aimed at reconciling the society with itself on the basis of truth,
justice and reparations.

Responding to a question on military jurisdiction, the delegation
said military justice in Chile, compared to other democratic
countries, was extensive due to historical reasons. Some areas
exercised by the military justice system had now been transferred to
civilian jurisdiction.

With regard to the amnesty law of 1978, the delegation said that the
executive had not submitted a draft law to interpret the law;
however, some legislators were now working on the interpretation of
the law in relation to international laws.

The Committee invited the delegation of Chile to return to the
Committee at 3 p.m. on Wednesday, 19 May to hear the Committee's
conclusions and recommendations on the report.

As one of the 135 States parties to the Convention, Chile has to
submit periodic reports to the Committee on its efforts to implement
the provisions of the treaty in order to prevent and punish acts of
torture.

When the Committee reconvenes in public at 3 p.m. on Wednesday, 12
May, it will hear the response of New Zealand to questions that its
Experts raised this morning. At 10 a.m. on 12 May, the Committee will
meet in private to examine communications received from individuals
or groups of individuals claiming to be victims of torture or ill
treatment by their respective States parties. Only States parties
that have recognized the competence of the Committee to receive
individual communications are concerned by the procedure.



Response of Chile

In replies to a series of queries and observations made by the
Committee on 10 May, the delegation of Chile said that constitutional
reform was needed to transfer the services of the Carabineros and the
Investigative Police from the command of the Ministry of Defence to
the Ministry of Interior. To change the Constitution, a
two-third-majority vote in parliament was needed.

The definition of torture in Chilean legislation was in accordance
with the definition under article 1 of the Convention against
Torture, the delegation said. The definition strictly complied with
the provisions of the treaty. The definition was reflected in the
penal code.

The penal code was not limited to acts of torture and ill treatment
carried out only in prisons, the delegation said, adding that it
included any cases of ill treatment committed by public officials.
There was no limit on the scope of torture, and the code was not
limited to places of deprivation of liberty. Cases of kidnapping and
breaking into private houses were within the scope of the definition
of torture in the penal code.

On the issue of military jurisdiction, the delegation said that
military justice in Chile, compared to other democratic countries,
was extensive. This was due to historical reasons. Some areas
previously covered by military courts were now being dealt with under
civilian jurisdiction. All offences allegedly committed by the
Carabineros were considered under military tribunals. In serious
cases, sentences of up to 15 years of imprisonment could be handed
down to punish acts committed by members of the Carabineros.

With regard to the amnesty law of 1978, the delegation said that the
executive had not submitted a draft law to interpret the decree.
However, some legislators were now working on the interpretation of
the decree in relation to international laws. A quorum had to be
obtained in parliament in order to repeal the amnesty law.

Concerning the extradition of asylum seekers, the delegation said
that the use of refoulement was the exception rather than the rule.

With regards to identity check ups, the delegation of Chile said that
these were routine operations to control the documents and the
identity of individuals. The period of checking identities could not
exceed six hours. In the case of an arrest following the check up,
the police informed the suspect of his or her rights to contact
family members and a lawyer.

On comments on the political roundtable discussion in Chile, the
delegation said it was intended to elucidate the past situation of
torture and cases of disappearances. The discussion, however, had not
lived up to the expectations that it would determine the whereabouts
of those who had disappeared. Some of the information obtained during
the discussion had been found to be false. The Government's efforts
to establish the truth had been significant. It had also opened a new
relationship between the military and civil society. The dialogue had
created a new climate of cooperation in the country between the armed
forces and the population.

Concerning the National Commission on Political Imprisonment and
Torture, the delegation said that it was established in November 2003
with the objective of monitoring the state of victims of torture and
those deprived of their freedom for political reasons. Since it had
been set up, the Commission had received 22,000 applications
concerning 25,000 persons. The work of the Commission had been
extended for three months.

With regard to the delay in the implementation of the penal code in
the metropolitanian region, the delegation said the Government had
been making efforts to speed this up and had spent $ 500 million on
the process. The reform of the Procurator's Office was one of the
reasons for the delay. The implementation of the penal code would
take place in a few months time. The penal reform had been
implemented in the rest of the Chilean regions.

The principle laid down by the Government under the slogan of "no
tomorrow without yesterday" was aimed at reconciling the society with
itself based on truth, justice and reparations. In 2003 alone, the
Government had paid $ 5 million to victims of torture and ill
treatment.

The heads of detention centres were not allowed to hold children
incommunicado or to keep them with adults, the delegation said.
Juveniles were separated from adults in many prisons. A law had been
adopted establishing the separation of minors from adults within the
penitentiary premises.

The Government was considering the ratification of the optional
protocol to the Convention against Torture, the delegation said,
adding that Chile would like to ratify it as soon as possible.

With regards to prison conditions, the delegation said that
regrettably there was overcrowding as well as other defects as in any
other country. There had been a limited investment to renew some
prisons. The Government had taken measures to increase the number of
prison staff and to reduce the working hours of staff. With the
participation of the private sector, the Government was planning to
build ten more prisons, which would improve the detention conditions
of inmates. Attention would also be given to health and educational
services for prisoners.

Special instructions were provided to prisoner directors in order to
prevent sexual violence, the delegation said. Many prisons had used
the maximum of their resources to regroup prisoners within the
premises. Sex traders and offenders who were serving prison terms
were carefully separated from other prisoners.

At present, the Investigative Police and the Carabineros were
carrying out an investigation in the Ministry of Justice in
connection to human rights violations under the request of the
judicial authorities and the Ministry of Interior, the delegation
said. The alleged human rights violations concerned the protection of
human rights defenders, including individuals such as Juan Guzman who
had participated in bringing a court case against the former dictator
General Augusto Pinochet.

The delegation said that cases were pending in the Supreme Court of
Chile concerning General Pinochet with regard to crimes committed in
the past. The cases also concerned the lifting of the immunity of
General Pinochet, a demand which the courts had rejected in the past.

Asked why human rights were not incorporated in Chilean legislation,
the delegation said the Constitution had highlighted the significance
of human rights and the Government was fully committed to human
rights. With regard to "operation death caravan", the people of Chile
lived in anguish about that era and the Government was making efforts
to ensure that human rights were fully respected. Since the 1990s,
the governments of Chile had been making efforts to implement all
human rights treaties and to incorporate them into domestic
legislation.

* *** *