E/CN.4/1996/35/Add.2
page 3
Introduction
1.
On 12 April 1995 the Special Rapporteur on the Question of Torture of the
Commission on Human Rights sent a letter to the Government of Chile expressing
his concern at a series of complaints he had received of alleged torture in
the country, and urging that they be duly investigated. He also stated that
he wished to visit the country in order to collect first-hand information that
would enable him better to evaluate the situation as regards the practice of
torture. In June the Permanent Mission of Chile to the United Nations Office
at Geneva told the Special Rapporteur of the Government’s willingness to
cooperate with his mandate and agreement to his visit.
2.
The visit took place from 21 to 26 August 1995 and was based in Santiago.
The Special Rapporteur held meetings with the Under-Secretaries of the Foreign
Affairs, Justice and Interior Ministries, the President of the Supreme Court,
the President of the Military Appeal Court and the highest authorities of the
Police Department (Policía de Investigaciones), Carabineros, Gendarmería,
Forensic Medicine Department and the National Compensation and Reconciliation
Agency. He also interviewed representatives of the academic world, victims of
torture or their relatives, as well as representatives of the following
non-governmental organizations: International Association Against Torture,
Human Rights Watch, Opción, Committee for the Defence of the People’s Rights
(CODEPU), Social Assistance Foundation of the Christian Churches (FASIC),
Chilean Human Rights Commission and People’s Defence Organization. The
Special Rapporteur also visited the maximum security section of the Santiago
South Preventive Detention Centre, the women’s section of San Miguel prison
and the Comunidad Tiempo Joven detention centre for minors. In all three
places he was able to meet with the authorities personally and with several
members of the staff.
3.
The Special Rapporteur would like to thank the Government of Chile for
having allowed him to make this visit and for the full cooperation he received
from its representatives at all times, which greatly facilitated his work.
I.
CURRENT TREATMENT OF CASES OF TORTURE OCCURRING BEFORE 1990
4.
The successive civilian Governments in the country since the end of the
military dictatorship in 1990 have made significant progress in restoring
democracy and respect for human rights. Nevertheless, the Chilean authorities
and society in general continue to consider the current period as one of
transition, since the legal framework established by the 1980 Constitution
(slightly amended subsequently) and various laws enacted during the military
Government continue in force, providing obstacles to the democratic
functioning of some of the highest institutions in the country. For example,
the provisions governing the irremovability of Commanders-in-Chief of the
Armed Forces and the Director of the Carabineros continue in force, as well as
others that seriously limit the President’s powers to intervene in matters
relating to the armed forces, including high rank appointments. On the other
hand, as a result of the appointment of senators and the preference given to
minority parties in the electoral system the opposition in Congress is very
strong and is able to curb the proposals of the President of the Republic for
legislative reform aimed at eliminating some of the anti-democratic aspects of
the present system.