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

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