CAT/OP/CHL/1/Add.1
178. Moreover, SENAME 61 will amend and update its internal regulations to make
explicit reference to members of the LGBTI community and the measures adopted for their
protection. The health unit of SENAME will train officials on the proper treatment of
LGBTI persons and on the prevention of suicides among this group. It is envisaged that
these actions will be carried out during the first half of 2017.
179. Paragraph 130: The Subcommittee recommends that the State party prevent the illtreatment and marginalization of LGBTI persons deprived of their liberty, in particular by
ensuring that they have access, without discrimination, to education, workshops,
employment and recreational activities. The Subcommittee also recommends that training
be provided to all prison staff and law enforcement officials on how to communicate in an
effective and professional manner with LGBTI detainees. They should also be made aware
of the international human rights rules and principles regarding equality and nondiscrimination, including in relation to sexual orientation and gender identity.
180. On 30 March 2016, the Prison Service announced its Strategic and Functional
Human Rights Plan, which is aimed at carrying out activities to promote awareness of
international human rights standards in prison work among officials who work directly with
persons deprived of their liberty.
181. The training provided in this context addresses topics such as sexual diversity and
vulnerable groups in the prison environment and is geared towards improving the treatment
of persons deprived of liberty by prison officials.
182. The training was provided to 1,147 staff members at 43 correctional facilities during
2016.
183. A cooperation agreement between the Prison Service and the Homosexual
Movement of Integration and Liberation62 remains in effect and has led to efforts aimed at
developing a framework for mutual cooperation in the education and training of officials.
Other activities in the common interest have been carried out, including projects, training
sessions, workshops, courses, seminars and academic research.
184. SENAME has scheduled training on the treatment of LGBTI children and
adolescents for staff of directly administered juvenile justice and protection centres. It is
expected that the training will be implemented during the first half of 2017.
3.5
Repercussions of the visit
185. Paragraph 131: In accordance with article 15 of the Optional Protocol and the
Subcommittee’s working paper on reprisals, the Subcommittee calls upon the Chilean
authorities to ensure that there are no reprisals following its visit. The Subcommittee
requests the State party to provide detailed information in its reply on what it has done to
prevent reprisals against anyone who was visited by, met with or provided information to
the Subcommittee during the course of its visit.
186. With regard to article 15 of the Optional Protocol, which prohibits reprisals against
persons who might communicate with the Subcommittee, the National Director of the
Prison Service, in Official Letter No. 85 of 4 February 2016, issued instructions to all
regional directorates concerning the visits that the Subcommittee would be making to the
premises of the Prison Service. Paragraph 5 of the letter explicitly mentioned the
prohibition of sanctions and/or reprisals, with reference to article 4 of the Optional Protocol.
The regional directors were tasked with disseminating the instructions contained in the
letter by visiting the different correctional facilities located in their region.
61
62
GE.17-07762
In relation to the serving of custodial sentences under Act No. 20084 on Juvenile Criminal
Responsibility, the internal regulations of SENAME govern the application of a group separation
measure, stipulating that said measure “under no circumstances may be used as a punishment for
adolescents […] nor may it entail isolation of an adolescent.” The equitable application of these
regulations to LGBTI persons is guaranteed by the legal recognition of the right to equality and nondiscrimination.
Signed in April 2014.
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents