CAT/OP/CHL/1 II. National preventive mechanism. 12. The Subcommittee commends the State party for its participation in the Convention against Torture Initiative, which promotes technical assistance and cooperation between States parties as a means of overcoming the challenges arising from the ratification and implementation of that Convention. The Subcommittee also acknowledges the State party’s support of the resolution adopted by the Human Rights Council in March 2016 on torture and other cruel, inhuman or degrading treatment or punishment: safeguards to prevent torture during police custody and pretrial detention. In that resolution, the States stressed that: Inspections of places of police custody and pretrial detention by an independent authority contribute to the prevention of torture and other cruel, inhuman or degrading treatment or punishment and that, to be fully effective, such visits should be regular and able to be made unannounced, and the authority should be empowered to examine all issues related to the treatment of persons in police custody and pretrial detention and to interview detained persons in full confidentiality.2 13. The Subcommittee notes with concern, however, that the State party’s fulfilment of its obligations under the Optional Protocol with regard to the creation of a national preventive mechanism is more than six years overdue, 3 a situation made all the more striking by the fact that there are so few States parties with a delay of that length. In this regard, at its twenty-eighth session (held from 15 to 19 February 2016), the Subcommittee decided to publish a list of those States parties whose compliance with the obligation to create a national preventive mechanism was at least three years overdue. 14. It should also be recalled that, in 2014, during the second universal periodic review of Chile, the Chilean Government accepted a recommendation to accelerate efforts to establish a national preventive mechanism. 15. Although the Subcommittee was informed that the National Human Rights Institute established in 2009 had been designated as the national preventive mechanism by the Government, the mechanism’s legal framework, structure and budget have yet to be established. 16. The Optional Protocol states unequivocally that States parties should allocate resources to national preventive mechanisms for their operations so as to guarantee their functional independence (Optional Protocol, art. 18 (1)). Accordingly, the national preventive mechanism should act independently not only of the Government, but also of the National Human Rights Institute. Thus, the State party should earmark a specific allocation of funding for the national preventive mechanism. 17. The Subcommittee recommends that, in order to guarantee the functional independence of the national preventive mechanism, it should not be subordinate in any way to the National Human Rights Institute. The organizational hierarchy of the Institute should reflect the requirements set forth in the Optional Protocol, namely that the national preventive mechanism should have operational autonomy as regards its resources, programme of work, findings and recommendations and a direct and confidential means of maintaining contact with the Subcommittee. 18. During the visit, the Subcommittee met with members of Congress to encourage the legislature to contribute to the fulfilment of the commitment voluntarily assumed by the State party to establish a national preventive mechanism as quickly as possible. 19. Following those meetings, on 12 April 2016, the Subcommittee was informed that the Chamber of Deputies Committee on Human Rights had submitted a draft agreement whereby the President of Chile would be requested to present a bill for the creation of a national preventive mechanism without delay. 2 3 4 A/HRC/31/L.26/Rev.1. Optional Protocol, art. 17. GE.17-07771

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