CAT/OP/CHL/1/Add.1
has been bolstered by the strengthening of the foster family model29 by means of an action
plan.
Chapter 3
Administrative measures of the services
3.1
3.1.1
Administration of justice
Pre-hearing interviews with persons deprived of their liberty
77.
Paragraph 28 (a): Since the Subcommittee considers the Public Criminal Defender
Service and the Attorney General’s Office to be institutions that play a critical role in the
detection of torture and ill-treatment, the Subcommittee recommends that the State party:
guarantee the availability, from the very outset of a person’s detention, of effective and
appropriate assistance from the Public Criminal Defender Service and ensure that
interviews with persons deprived of their liberty always take place in advance of court
hearings and that they are of a sufficient duration and cover what is required in order to
make certain that a proper defence can be provided and that instances of torture or illtreatment are detected on a systematic basis.
78.
In compliance with the recommendation, the Public Criminal Defender Service
carried out a satisfaction survey of persons deprived of their liberty during the last quarter
of 2016 in order to assess detainees’ opinions of the work of defence counsels at the first
hearing. In particular, it is hoped that this will make it possible to determine whether
defendant detainees, upon leaving the detention review hearing, believed that the legal
assistance provided by the defence counsel was satisfactory. Consultations will be carried
out on the quality of the information received by the counsel, the transfer time from the
place of detention to the court, the treatment received, and whether the lawyer’s requests to
the court were suited to the defendants’ requirements.
79.
The findings of this survey will allow the Public Criminal Defender Service to
consider the next steps to be taken in this area based on reliable data, where coordination
with other institutions (for example, the Carabineros and/or the Prison Service) can be
requested, to ensure timely contact with the defendant detainee.
3.1.2
Protocols on torture
80.
Paragraph 28 (b): Since the Subcommittee considers the Public Criminal Defender
Service and the Attorney General’s Office to be institutions that play a critical role in the
detection of torture and ill-treatment, the Subcommittee recommends that the State party:
establish suitable standard operating procedures for the Public Criminal Defender Service
and the Attorney General’s Office with a view to ensuring the proper detection and
reporting of acts of torture and ill-treatment and the punishments of the perpetrators of
such acts. The standard operating procedures should also ensure proper record-keeping on
all cases identified or reported by victims; the corresponding records should include
information on the prosecution of those cases and the decisions handed down.
81.
The definition of the offence of torture creates a series of challenges for judicial
officials, including adapting its procedures to the investigation and defence of the crime,
and establishing information systems that enable statistical monitoring.
82.
In that regard, both the Public Criminal Defender Service and the Public Prosecution
Service hold seats on the Torture Prevention Committee set up by the National Human
Rights Institute in October 2016. The aim of the Committee is to create an environment to
encourage State institutions to comply with their international obligations in that regard.
One of the working groups will focus on cases of torture, which involves establishing
protocols for both institutions when dealing with such cases. In addition, the Public
29
Meanwhile, the number of children and adolescents benefiting from the foster family system has
been increasing; in 2009, it benefited 3,598 children and adolescents, while in 2015, it benefited 6,028.
GE.17-07762
17
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