CAT/C/CHL/CO/6
paragraphs 13, 14, 18 and 25 of the previous concluding observations have been partially
implemented.
Definition and criminalization of torture
10.
The Committee considers that the new characterization of the offence of torture in
article 150 A of the Criminal Code, as introduced by Act No. 20968, largely reflects the
content of article 1 of the Convention, although it does not address acts of torture
committed for the purpose of intimidating or coercing a third party. In addition, the
Committee is concerned that the fourth paragraph of article 150 A establishes the penalty of
3 years and 1 day to 5 years’ imprisonment for acts of torture designed to obliterate the
victim’s personality or diminish his or her willpower, capacity for discernment or decisionmaking abilities, compared to 5 years and 1 day to 10 years’ imprisonment for basic acts of
torture. The Committee regrets that the State party’s criminal legislation still includes a
statute of limitations for the offence of torture, although there is no statute of limitations in
cases where acts of torture constitute crimes against humanity (arts. 1 and 4).
11.
The Committee urges the State party to amend the characterization contained
in article 150 A of the Criminal Code to explicitly include acts of torture committed
for the purpose of intimidating or coercing a third party. In addition, the State party
should ensure that perpetrators of torture are punished in accordance with the
seriousness of the offence in keeping with article 4 (2) of the Convention. The
Committee also urges the State party to repeal the statute of limitations with regard to
the offence of torture.
Fundamental legal safeguards
12.
The Committee regrets the sparseness of information on domestic legislation
regarding the safeguards and procedural rules that apply to persons deprived of their liberty,
as well as on existing procedures to ensure that these safeguards and rules are respected in
practice.
13.
The State party should adopt effective measures to ensure that all detainees
enjoy, in law and in practice, all fundamental safeguards from the outset of their
deprivation of liberty in line with international norms, in particular the rights: to legal
assistance without delay; to request and obtain immediate access to an independent
doctor, in addition to any medical examination that may be conducted at the
authorities’ behest; to be informed of the reasons for their detention and the nature of
the charges against them in a language they understand; to have their detention
registered; to promptly inform a relative or other person of their detention; and to be
brought before a judge without delay. The State party should also ensure that video
and audio recordings are made of interviews with persons deprived of their liberty
and that the recordings are stored in a secure location under the supervision of the
oversight mechanisms and are made available to investigators, detainees and lawyers.
Reform of the military justice system
14.
The Committee takes note of the 2010 change to the jurisdiction of the military
courts introduced in Act No. 20477, subsequently amended in 2016 through Act No. 20968,
which establishes that, under no circumstances, can civilians and minors who are victims or
suspects be subject to the jurisdiction of the military courts. However, as the State party
acknowledges in its periodic report, these amendments only partially address the reforms
that the State should undertake with regard to military justice. According to the reports
provided to the Committee, the reform of the military sector remains insufficient insofar as
the jurisdiction of the military courts in criminal matters has not been limited to crimes of a
strictly military nature committed by military personnel in active service, as ordered by the
Inter-American Court of Human Rights in its judgment of 22 November 2005 in the case
Palamara Iribarne v. Chile. In addition, the Committee is concerned at reports indicating
that during the Act’s first year in force, 12 complaints of police violence were lodged by
civilians with military prosecutor’s offices (arts. 2, 12 and 13).
GE.18-14136
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