CAT/OP/CHL/1/Add.1
robbery and receiving stolen property and improves criminal prosecution of those
offences.27
74.
SENAME is carrying out a number of actions to address the overcrowding caused
by the increasing number of children and adolescents entering the juvenile justice and child
protection systems. In the case of juvenile justice, in the Metropolitan Region, the referral
system operating in the different centres run by SENAME was revamped to relieve the
pressure on the San Joaquín temporary detention centre, which is currently overcrowded. In
this connection, the San Bernardo centre is now receiving adolescents referred to it by
supervisory courts in application of the interim measure of temporary detention.
75.
The Department for the Protection of Rights has adopted the following strategic
measures:
• It has introduced the directly administered Foster Family Programme in the
Metropolitan Region and in the regions of Biobío and Valparaíso: This
programme provides a new means for deinstitutionalizing children under three
years of age who are referred to directly administered specialized remedial
centres for infants and preschool children from those regions by ensuring that
they remain in a family setting until contact is made with their birth family
with a view to reintegrating the children into the family unit.
• It has decided, for technical reasons, that any new directly administered centres
to be opened should be smaller than the ones currently in operation (20 places
for boys and 20 for girls).
• It has adopted new technical guidelines for the directly administered,
specialized remedial centres, which are currently under review.
• It has improved the design of infrastructures, in addition to technical areas, in
keeping with a new model.
76.
Efforts are under way to reduce reliance on residential centres administered by
partner organizations and to establish an infrastructure that will give children and
adolescents the opportunity to live in a family environment as a means of avoiding mass
care. The sustained decrease in the number of children and adolescents being placed in
residential care28 has also led to a gradual reduction in reliance on residential centres, which
27
Act No. 20931 incorporates the duty of the Carabineros, the Investigative Police and the Public
Prosecution Service to systematize information on the application of these measures, as set out in the
eighth and ninth paragraphs of article 12 ter of Act No. 19665, amending the Courts Organization
Code. Those paragraphs provide that:
“In order to analyse the evolution of the system of criminal procedure, make any necessary
improvements and increase the effectiveness of criminal prosecution, the Attorney General of the
Public Prosecution Service, the Director-General of Carabineros de Chile and the Director-General of
the Investigative Police of Chile shall forward to the Coordinating Committee and the National
Council for Public Security, prior to the regular meetings of the Committee and the Council held in
May and October of each year, an analysis of the progress made towards the fulfilment of their
institutional purposes as they relate to criminal prosecution.
28
16
“According to the information available to each institution, the analysis shall contain, at the very
least, statistics on the number of complaints received by category of principal offence, convictions,
temporary suspensions, decisions not to proceed, charges brought, arrests made, pending arrest
warrants, temporary suspensions of proceedings, plea bargaining, stays, decisions ordering pretrial
detention, accused persons in pretrial detention and persons subject to a pending arrest warrant for
non-compliance with provisional measures. These statistics shall contain any additional information
necessary to promote a better understanding of the data provided, including an explanation as to how
they demonstrate the fulfilment of the institutional purposes of the reporting entities.”
The proportion of the population in alternative residential care has been declining. In 2009, the
programme benefited 17,855 children and adolescents, while in 2015, the number dropped to 10,630.
Data provided by SENAME.
GE.17-07762
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