CAT/C/CHL/CO/6
at detention centres for minors and at the high rates of violence linked to overcrowding in
these institutions (arts. 2, 11 and 16).
33.
The State party should investigate and prosecute perpetrators of ill-treatment
against minors deprived of their liberty. It should also take steps to reduce
overcrowding in juvenile detention centres and prevent and reduce violence among
inmates. Lastly, the State party should assess the effectiveness of the suicide
prevention programmes in these centres and compile detailed information in this
regard.
Deaths in custody
34.
The Committee notes with concern the number of deaths in custody, which,
according to data provided by the State party, amounted to 1,262 cases between 2010 and
June 2018, and regrets not having received complete statistical data disaggregated by place
of detention, sex, age, ethnic origin or nationality of the deceased and cause of death. The
Committee is also concerned that, according to information provided by the delegation,
between January 2013 and May 2018, 273 deaths occurred as a result of fights between
inmates and that, between January 2014 and June 2018, there were 62 suicides in prisons.
The State party did not provide information on the outcome of the investigations into these
deaths or on the specific measures adopted to prevent similar situations from arising in
future other than existing suicide prevention and prison violence reduction programmes.
The Committee takes note of the information provided by the State party on the prosecution
of eight prison guards in connection with the fire at the San Miguel pretrial detention centre
in Santiago on 8 December 2010, in which 81 inmates were killed and 13 others were
injured. All of the defendants were acquitted in a final judgment and, according to the
information at the Committee’s disposal, the relatives of the victims have yet to receive
reparation of any kind. The Committee also regrets not having received any information on
the measures taken by the State party to prevent this type of incident in future. Lastly, the
Committee takes note of the information provided by the delegation on the death of
Rodrigo Eduardo Donoso Jiménez from a shot to the head incurred while attempting to
escape from the Talagante pretrial detention centre on 29 January 2012, according to which
the disciplinary procedure initiated against the staff members concerned was discontinued
and the case was provisionally suspended in September 2012 (arts. 2, 11 and 16).
35.
The Committee urges the State party to:
(a)
Ensure that all deaths in custody are investigated in a prompt and
impartial manner by an independent body, duly taking into account the Minnesota
Protocol on the Investigation of Potentially Unlawful Death;
(b)
Strengthen the measures to prevent and reduce violence among inmates,
in particular by introducing appropriate prevention strategies that provide for this
type of incident to be monitored and documented with a view to investigating all
complaints and ensuring that all those responsible are held accountable;
(c)
Investigate any potential involvement of prison guards and, where
warranted, appropriately punish those responsible and award adequate reparation to
the relatives;
(d)
training;
Ensure security in prisons by providing prison guards with the necessary
(e)
Assess the effectiveness of strategies and programmes on the prevention
of suicide and the identification of persons deprived of their liberty at risk of
committing suicide and compile and provide the Committee with detailed data in this
regard.
Deaths of minors and allegations of torture, ill-treatment and sexual abuse in
residential protection centres belonging to the National Service for Minors network
36.
The Committee is deeply concerned at the number of recorded deaths of children
and adolescents in the network of residential centres managed by the National Service for
Minors and its partner agencies during the reporting period. According to information
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