CAT/OP/CHL/1/Add.1
persons. The aim of the centres is to avoid separating children from their mothers and thus
to help strengthen the emotional bond between them.
2.1.5
Changes to military jurisdiction
45.
Paragraph 26: The Subcommittee urges the State party to amend its legal order to
ensure that military jurisdiction is restrictive and is applied only to members of the armed
forces whose conduct is in breach of military order and discipline and that under no
circumstances may it be extended to cover the commission of ordinary offences against
civilians.
46.
In addition, the State party should ensure that, in cases involving officials of
Carabineros, suspected offenders are investigated and tried by the ordinary courts. The
State party should also guarantee access for victims of human rights violations to effective
remedies under ordinary law, including comprehensive redress, rehabilitation, measures of
satisfaction and guarantees of non-repetition.
47.
Under Act No. 20968 of 22 November 2016, which defines the offence of torture
and cruel, inhuman and degrading treatment, the Code of Military Justice was amended to
ensure that cases involving civilians or minors, whether victims or defendants, no longer
fell within the jurisdiction of military courts. This amendment fulfils the Subcommittee’s
recommendation that, in cases of torture, military jurisdiction should be restrictive and
should apply only to members of the armed forces.
48.
As regards structural changes to the military justice system, the executive branch is
working on the development of new legislation that meets the standards established by the
Subcommittee in this area.
2.1.6
Use of special legislation against the Mapuche people
49.
Paragraph 119: The Subcommittee recommends that the application of special
criminal laws to individuals belonging to the Mapuche people should cease immediately. It
further recommends that counter-terrorism legislation should be applied only to terrorist
offences, using a restrictive interpretation of such offences, and should not be applied to
acts of social protest by any group, including the Mapuche people.
50.
International human rights bodies have recommended that the Chilean Government
apply counter-terrorism legislation restrictively, particularly when it comes to acts of social
protest by the Mapuche people. In her Government agenda, President Michelle Bachelet
Jeria established the Government’s firm commitment to ensuring that charges are not
brought against members of indigenous peoples under the Counter-Terrorism Act in
connection with social demands.24
51. As regards the application of the Counter-Terrorism Act and other special legislation,
according to the Ministry of the Interior and Public Security, since 11 March 2014, 18
complaints have been filed for offences under the Counter-Terrorism Act, and 50
complaints have been filed for offences under the State Security Act; none of those
complaints were attempts to criminalize indigenous peoples’ assertion of their rights. It is
worth noting that a bill amending the current legislation on terrorist offences and bringing it
into line with the relevant international standards was put forward in November 2014
(Bulletin No. 9692-07). That bill is currently in its first reading in the Senate.
52.
In its report, the Subcommittee also addresses the issue of complaints of torture
committed by the forces responsible for maintaining public order and security. In this
regard, it should be noted that measures have been adopted to prevent and eradicate police
violence. These include regulating the methods that are generally used to maintain public
order by establishing protocols on that subject for Carabineros de Chile, and including
international human rights standards in the training provided for both police forces. With
respect to training, it should be noted that Carabineros joined the Latin American Network
for Genocide and Mass Atrocity Prevention in 2014. Within this framework, with support
from the Auschwitz Institute for Peace and Reconciliation and taking into account the
24
GE.17-07762
Programa de Gobierno de la Presidenta Michelle Bachelet Jeria, p. 174.
11