CAT/OP/CHL/1/Add.1
187. The instructions were reiterated in Official Letter No. 118 of 24 March 2016, which
described the nature of the Subcommittee’s visit and stated that, in the event of interviews
with officials and/or detainees, the detainees should not, under any circumstances or for any
reason or pretext, be subjected to reprisals, threats or punishment.
188. The instructions provided in the two letters were also explained to the regional
directors in a videoconference presented by the Deputy Director of Operations, Col.
Maurice Grimald and the Head of the Human Rights Protection and Promotion Unit, Mr.
Pedro Pablo Parodi, for the purpose of reiteration and for clarification of queries.
189. SENAME carried out similar activities, sending Memorandum No. 229 to all the
regional directors and to directly administered centres in order to provide information about
the Subcommittee’s visit, the legal context and the following specific details:
• The definition of torture according to the Convention.
• The powers of the Subcommittee.
• The prohibition of sanctions and reprisals, as follows: “It is strictly forbidden
for any staff member of SENAME or of its partner organizations to take
reprisals of any kind against those who cooperate with the Subcommittee
under the terms of this memorandum. In the event of such conduct, the
competent authorities should take urgent action to protect all parties, and
should adopt disciplinary measures to determine the responsibility of the
officials involved.”
• Privileges and immunities of the members of the Subcommittee.
• Obligations of Chile as a State party to the Optional Protocol.
Monitoring
190. The report of the Subcommittee reminded the Government, once more, of the debt
that it owes in the sphere of torture prevention. The work undertaken after receiving the
Subcommittee’s report will not end with the preparation of these replies; rather, the
Government plans to actively follow up on the process of improving the living conditions
of persons deprived of their liberty.
191. By allowing the competent authorities to set the time frame for implementing the
measures described in this report, the Government’s aims were to more realistically
describe the actions being taken and to give continuity to the interministerial working group
as a body charged with coordinating and monitoring compliance with the workplan
developed jointly for the fulfilment of the recommendations.
192. In this context, the health subcommittee will continue its work with the aim of
developing, during 2017, a framework agreement with SENAME similar to the existing
agreement between the Ministry of Justice and Human Rights, the Ministry of Health, the
Prison Service, the National Health Fund and the Office of the Superintendent of Health.
This will allow all necessary efforts to be channelled to the provision of health care for the
most vulnerable children and adolescents.
193. The Office of the Under-Secretary for Human Rights will assume its functions in
January 2017 and will be responsible for preparing a national human rights plan,63 which
should include the promotion of human rights education and training for all public officials
as a minimum requirement. Such education and training programmes are vitally important
in changing entrenched cultures in State institutions and among officials, making it possible
63
32
Article 14 bis (d) of Act No. 20885, establishing the Office of the Under-Secretary for Human Rights
and amending the Ministry of Justice Act, refers to: “the promotion of education and training on
human rights at the nursery, primary, secondary and tertiary levels of education and in the training,
education and development programmes of all authorities and officials of State bodies, including the
Public Prosecution Service and the Public Criminal Defender Service, members of the armed forces,
the Carabineros, the Investigative Police, the Prison Service and the municipalities”.
GE.17-07762
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