E/CN.4/2000/9/Add.1
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11.
The Government replied to this question in the letter of 25 March 1998. Concerning the
uniformed police (Carabineros), the Director of Carabineros said that he could not supply
information on internal administrative procedures because they referred solely to breaches of the
Disciplinary Regulations committed by officials, whereas offences against the law were tried by
the courts. Regarding cases where the right to physical integrity of persons detained awaiting
trial had been violated, the Director stated that he could provide only a list of cases involving
Carabineros officers who were being investigated in connection with unnecessary violence
and/or unlawful or arbitrary detention. The Government provided the Rapporteur with the list,
which indicated that seven cases were before the second military prosecutor’s office, Santiago, a
further seven before the fourth office and three before the sixth office.
12.
As far as the Police Department was concerned, the Government supplied information on
administrative proceedings initiated between 1995 and 1997, and their outcome. During 1995
proceedings were begun in six cases, with the following outcomes: dismissal of proceedings in
three cases; punishment of two detectives in connection with irregularities in the arrest of a
minor; punishment of one detective in connection with illegal arrest; and punishment of a deputy
superintendent and two inspectors in the Western Theft Investigation Brigade in connection with
illegal arrest. For 1996, proceedings were begun in six cases, with the following outcomes:
dismissal of proceedings in three cases; one police officer punished for unlawful coercion; one
deputy superintendent and one detective punished for causing injury; and two detectives and
one typist punished for alleged arbitrary arrest. For 1997 there were proceedings under way in
five cases involving various violations of the physical integrity of detained persons alleged to
have been committed by officers of the fifteenth (Jose Maria Caro), thirteenth (San Miguel),
Coyhaique, Los Andes and San Felipe offices of the criminal investigation service.
13.
Also with regard to the Police Department, the Government provided information
relating to the years 1996 and 1997 on officers charged with breaches of the right of detained
persons to physical integrity, indicating the judgements delivered in courts of first instance or
final judgements. Six cases had been heard during the two years, all involving charges of
unlawful coercion. Three of them were at the examination stage. In these cases charges of
unlawful coercion had been laid against: an inspector and a deputy chief of the Buin office of
the criminal investigation service; an inspector and three detectives in the Coquimbo office; and
a police driver in the Western Theft Investigation Brigade. A fourth case against a detective
from the La Liga criminal investigation office had been dismissed by the Valparaíso Appeal
Court. An appeal had been lodged against a suspended sentence of 540 days imposed on a
detective from the Ñuñoa Theft Investigation Brigade. Lastly, in the sixth case, an inspector and
nine detectives from the Metropolitan Anti-drugs Brigade had been summoned to make
statements but had not been charged.
14.
The Government also supplied information on the Gendarmería, stating that
between 1995 and 1997 administrative proceedings had been initiated in 39 cases, relating to
events which were suspected to involve ill-treatment of persons in the hands of the Gendarmería.
The cases, which involved 10 of the country’s 13 regions, related principally to complaints of
physical ill-treatment of prisoners, injuries to accused persons and a complaint of indecent abuse
and rape of a female prisoner. In the four continuing cases, 59 members of the Gendarmería

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