CAT/OP/CHL/1
I. Introduction
1.
The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment carried out its first regular visit to Chile from 4 to 13
April 2016 in accordance with the provisions of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
2.
The Subcommittee was represented by the following members: Ms. Lorena
González Pinto (head of the visiting delegation), Mr. Roberto Michel Fehér Pérez, Mr.
Enrique Font and Mr. Emilio Ginés Santidrián.
3.
The Subcommittee members were accompanied by five staff members and two
security officers of the Office of the United Nations High Commissioner for Human Rights
(OHCHR).
4.
The Subcommittee visited 22 places of deprivation of liberty in Antofagasta,
Quillota, Santiago, Temuco, Valdivia and Valparaíso and met with officials of the three
branches of government, the National Human Rights Institute, representatives of civil
society and staff members of the United Nations system. The Subcommittee conducted a
total of 364 interviews with persons deprived of their liberty.
5.
At the conclusion of the visit, the Subcommittee presented its preliminary
confidential observations to the Chilean authorities. In the present report, the Subcommittee
delivers its findings and recommendations regarding the prevention of torture and illtreatment of persons deprived of their liberty in Chile. The generic term “ill-treatment” is
used throughout the report to refer to any form of cruel, inhuman or degrading treatment or
punishment.
6.
The Subcommittee took a positive view of the announcement of a number of
institutional developments in the area of human rights, including the preparation of a bill to
classify torture as a specific offence and the forthcoming establishment of the Office of the
Under-Secretary for Human Rights, which will strengthen government policies and
coordination in this area.
7.
The Subcommittee wishes to express its gratitude to the Chilean authorities for their
cooperation and assistance during the visit. The Subcommittee had prompt, unhindered
access to places of deprivation of liberty, including unrestricted access to persons deprived
of their liberty whom it wished to interview privately, as well as to the records and reports
it requested.
8.
The Subcommittee requests the Chilean authorities to provide a detailed
account within six months of the date of this report’s transmission of the measures
taken to act upon the recommendations contained herein.
9.
The present report will remain confidential until such time as the State party decides
to make it public. The Subcommittee is firmly of the view that publishing the report can
contribute to the prevention of torture and ill-treatment, since the wide dissemination of the
Subcommittee’s recommendations would help to pave the way for a transparent and
productive national dialogue on the issues dealt with in the report.
10.
The Subcommittee recommends that the State party request that this report be
published in accordance with article 16 (2) of the Optional Protocol, as has been done
previously by other States parties.
11.
The Subcommittee wishes to draw the State party’s attention to the Special Fund
established pursuant to article 26 of the Optional Protocol. Recommendations contained in
reports that have been made public can be used by the State party as a basis for applying for
funding from the Special Fund for specific projects.1
1
GE.17-07771
See www.ohchr.org/EN/HRBodies/OPCAT/Fund/Pages/SpecialFund.aspx.
3