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 3

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