CAT/C/CR/32/5
page 3
D. Subjects of concern
6.
The Committee expresses concern about the following:
(a)
Allegations of continued ill-treatment of persons, in some cases amounting to
torture, by carabineros (uniformed police), policía de investigaciones (civil police forces) and the
gendarmería (prison guards), and reports of failure to conduct thorough and independent
investigations into such complaints;
(b)
The fact that certain constitutional provisions jeopardizing the full exercise of
fundamental human rights remain in force, including, in particular, the Amnesty Law, which
prohibits prosecution of human rights violations committed from 11 September 1973
to 10 March 1978 and which entrenches the impunity of those responsible for torture,
disappearances and other serious human rights violations during the military dictatorship and the
lack of reparation for the victims of torture;
(c)
That the definition of torture in the Criminal Code does not comply fully with
article 1 of the Convention, and that it does not fully incorporate the purposes of torture and the
acquiescence of public officials;
(d)
The continued subordination of the carabineros and the civil police forces to the
Ministry of Defence, one result of which is that the competence of the military jurisdiction
remains excessively broad;
(e)
Reports that some officials accused of torture-related crimes during the
dictatorship have been appointed to high office;
(f)
The absence of internal legal provisions that expressly prohibit extradition, return,
or expulsion when there are grounds for believing the person may be subjected to torture in the
requesting country, and the absence of internal provisions regulating the implementation of
articles 5, 6, 7, and 8 of the Convention;
(g)
The limited mandate of the National Commission on Political Imprisonment and
Torture aimed at identifying victims of torture during the military regime and the conditions for
obtaining reparation. In particular, the Committee notes with concern:
(i)
The short time period in which alleged victims can register with the
National Commission, resulting in fewer persons registering than
anticipated;
(ii)
The lack of clarity as to which acts the Commission defines as torture;
(iii)
The reported rejection of claims not filed in person, notwithstanding,
e.g., the disability of the person(s) involved;
(iv)
The failure to permit persons to register who may have received reparation
for other human rights violations (disappearance, exile, etc.);