CAT/C/CHL/CO/6
15.
The Committee urges the State party to pursue its reform of the military justice
system, in keeping with the judgment of the Inter-American Court of Human Rights
in Palamara Iribarne v. Chile, with a view to precluding the military courts from
hearing all cases of human rights violations and offences against civilians in which
military personnel are involved.
National torture prevention mechanism
16.
While the Committee notes that the bill designating the National Human Rights
Institute as the national torture prevention mechanism (Bulletin No. 11245-17) in line with
article 3 of the Optional Protocol to the Convention is being processed, it regrets that the
State party still does not have such a body despite having ratified the Optional Protocol in
2008 (art. 2).
17.
The Committee urges the State party to establish or designate a national
torture prevention mechanism in compliance with the international obligations it has
undertaken. In this connection, the Committee draws the State party’s attention to the
guidelines on national preventive mechanisms developed by the Subcommittee on
Prevention of Torture (CAT/OP/12/5), according to which States parties should, inter
alia, provide their national preventive mechanism with the necessary resources to
operate effectively, ensure that it enjoys complete financial and operational autonomy
when carrying out its functions and ensure the impartiality and independence of its
members.
Counter-terrorism legislation
18.
While the Committee notes the content and current status of the bill to amend the
counter-terrorism law (Bulletin No. 9692-07, merged with Bulletin No. 9669-07), it is
concerned at the breadth and vagueness of the characterization of terrorism offences
contained in Act No. 18314 of 16 May 1984, as amended in 2010 through Act No. 20467. It
is also concerned at the limited fundamental safeguards and procedural guarantees provided
for in Act No. 18314, such as the possibility to extend for up to 10 days the deadline for
bringing a detainee before a judge and to hold accused persons in pretrial detention for
protracted periods. Given the above, the Committee is particularly concerned about the
cases where the Act is inappropriately applied in order to bring proceedings for terrorism
against Mapuche activists charged with committing violent acts that resulted in damage to
private property. In this connection, the Committee notes the information provided by the
delegation regarding the enforcement of the judgment of the Inter-American Court of
Human Rights of 29 May 2014 in the case Norín Catrimán et al. v. Chile, which set aside
eight convictions in terrorism cases handed down by Chilean courts against seven members
of the Mapuche people and one Mapuche rights advocate in relation to events that occurred
in 2001 and 2002 in the regions of Biobío and La Araucanía (art. 2).
19.
The Committee urges the State party to review and amend its legislation to
ensure that acts of terrorism are defined precisely and strictly, with a clear
delimitation of the rights to be protected, and that persons deprived of their liberty
who are accused of acts of terrorism enjoy basic safeguards against torture, including
the right to be brought before a judge without delay. Furthermore, the State party
should refrain from applying counter-terrorism legislation to persons accused solely
of causing property damage in the course of demonstrations in favour of the rights of
indigenous peoples, in keeping with the recommendations made by other international
human rights mechanisms.
Coerced confessions
20.
While it notes the provisions of the Code of Criminal Procedure regarding the
inadmissibility of evidence obtained in breach of fundamental safeguards, the Committee
regrets that the State party has not provided any information on court decisions denying the
entry into evidence of confessions obtained under torture. Regarding this type of situation,
the Committee is especially concerned about the case of José Peralino Huinca, who was
convicted along with two other individuals, all members of the Mapuche people, of the
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