CAT/OP/CHL/1/Add.1
humanitarian grounds so that cases involving lengthy sentences do not become a kind of
advance death penalty.
36.
Paragraph 89: The Subcommittee recommends that the State party adopt a crosscutting approach to gender mainstreaming in its incarceration and rehabilitation policies.
37.
Paragraph 93: The Subcommittee recalls that, under rule 23 of the Bangkok Rules,
disciplinary sanctions for women prisoners should not include a prohibition of family
contact, especially with their children.
38.
In promulgating Act No. 20968, which defines the offence of torture, the President
of the Republic mandated the Office of the Under-Secretary for Human Rights to amend
Decree No. 518, which established the country’s prison regulations, in order to incorporate
a human rights perspective, particularly in view of the events of October 2016, when
Lorenza Cayuhán Llebul, an indigenous woman deprived of her liberty, was shackled
several times during childbirth.
39.
Events of that kind led the Supreme Court to uphold an application for amparo in
December 2016 and to rule that the Chilean Prison Service should review its protocols for
transfer to outside hospitals and bring them into line with the international instruments
ratified by Chile regarding pregnant or breastfeeding women deprived of their liberty and
the eradication of all forms of violence and discrimination against women.21
40.
As ordered by the President of the Republic and the Supreme Court, new regulations
incorporating a human rights perspective are currently being drafted; these regulations
reaffirm the State’s duty to act as guarantor and place the focus on persons deprived of their
liberty, so as to ensure that deprivation of liberty does not result in the unlawful restriction
of other fundamental rights. This approach requires that the gender perspective be taken
into account, not only in the regulations themselves, but also in their implementation, to
ensure that there is an improvement in prison practices. In addition, a series of cross-cutting
principles have been drawn up which apply to the Prison Regulations as a whole, such as
respect for the right to equality and non-discrimination and respect for the principle of
cultural sensitivity.
41.
As regards disciplinary sanctions, the new regulations provide for a new disciplinary
procedure designed to reduce opportunities for abuses, and applicable sanctions have been
reviewed and modified in order to apply the principle of proportionality and restrict the use
of solitary confinement. The new regulations should enter into force during the first half of
2017.
42.
The Prison Service is aware of the importance of preserving the bond between
mothers deprived of liberty and their children, and the Procedures Unit of its Operations
Subdirectorate is therefore working on a comprehensive proposal to bring internal protocols
and regulations into line with human rights standards by ensuring that detainees cannot be
deprived of contact with their families as a disciplinary sanction. In this regard, the heads of
unit of the custodial subsystem will have a limited framework for action when punishing
breaches of internal regulations; this framework will also be applied in the regulations for
visits to persons deprived of their liberty, which will be finalized in July 2017.
43.
Meanwhile, SENAME has acknowledged the importance of strengthening the
emotional ties between teenage mothers and their children and introduced regulations to
that end in 2007 which remain fully in force today. Under these regulations, adolescents in
the criminal justice system22 cannot be deprived of family contact and, more specifically,
teenage parents whose children are not with them are entitled to receive daily visits from
them.23
44.
Under the protection system, there are seven residential centres for pregnant
teenagers and teenage mothers and their children whose rights have been violated. These
centres are located in six regions of the country and can accommodate a total of 230
21
22
23
10
Supreme Court, case No. 92.795-16, judgment of 1 December 2016, operative paragraph 3.
Exempt resolutions Nos. 0321/B and 0224/B, supplemented by Circular No. 15 of SENAME, remain
in force.
Right No. 9, paragraph 2 of Circular No. 15 of SENAME, dated 23 May 2007.
GE.17-07762