CAT/OP/CHL/1/Add.1
168. Paragraph 122: The Subcommittee also recommends that health-care protocols and
facilities be adapted to ensure that detainees who wish to use ancestral knowledge and
medicine as an alternative or in addition to regular treatment may do so.
169. The health of Mapuche detainees is a topic that is addressed by the agreement
between the Prison Service and the Catholic University of Temuco. In this regard, the two
institutions should agree on specific cooperation activities in the area of health, favouring
the integration of Mapuche intercultural health or complementary health care into the
planning of activities to be carried out at Prison Service facilities in the Araucanía Region.
170. In this context, the Catholic University of Temuco delivers kits or cases containing
Mapuche medicinal inputs.59 It is committed to replenishing these medicinal inputs and to
providing training for the health personnel of the establishments participating in the
agreement.60
171. SENAME and the Ministry of Health will establish a working group to develop a
protocol for the inclusion of ancestral medicine among the interventions of the health units
of directly administered centres. Moreover, the plan is for officials in the region to receive
training on General Administrative Regulation No. 16 on Intercultural Health Services,
Exempt Resolution No. 261 of 2006. Both actions are due to be implemented after the
second half of 2017.
3.4.4
Lesbian, gay, bisexual, transgender and intersex (LGBTI) persons
172. The Subcommittee expressed concern about persons deprived of their liberty who
are discriminated against because of their sexual orientation or gender identity. For that
reason, the authorities in the justice sector have pursued efforts to respond to the
Subcommittee’s recommendations and thus ensure decent treatment for LGBTI detainees.
173. Paragraph 126: The Subcommittee reiterates that solitary confinement, isolation and
administrative segregation are not appropriate methods of maintaining security and can be
justified only if used as a last resort, under exceptional circumstances, for the shortest
possible time and in combination with adequate procedural safeguards.
174. Work is under way to draft new prison regulations, as requested by the President of
the Republic. In this regard, one point stressed has been that of ensuring that the
disciplinary regime does not exceed the limits set by international human rights standards.
175. In October 2016, the Prison Service carried out a survey to ascertain how many
LGBTI persons were being held in isolation. Six cases were found in the following regions:
• Arica and Parinacota Region: 1 person
• Metropolitan Region: 2 persons
• Maule Region: 2 persons
• Araucanía Region: 1 person
176. The justification for such measures, as given by LGBTI persons and prison
administrators, were, on the one hand, the desire to avoid transferring detainees away from
the institutions in which they were established, and on the other hand, the lack of suitable
facilities for LGBTI persons at the regional level.
177. The Prison Service adopted two specific measures to put an end to this situation.
Firstly, it ordered that individuals held in isolation should be immediately relocated, and
secondly, that their living conditions should be improved. The first measure has already
been carried out, and the second is due to be implemented by July 2017.
59
60
30
The kits contain drops or creams based on Mapuche medicinal plants, which are used for common
ailments such as heartburn, irritable bowel, headaches and sore throats.
The following correctional facilities are located in the Araucanía Region: Lautaro, Nueva Imperial,
Temuco, Victoria and Collipulli prisons; Angol, Curacautín, Pitrufquén, Traiguén and Villarrica
pretrial detention centres and Temuco Women’s Prison.
GE.17-07762
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