CAT/OP/CHL/1/Add.1
Subcommittee’s recommendations, a series of educational activities on the prevention of
torture and other human rights violations were organized in 2016. For example, a seminar
on the role of police in preventing human rights violations was held on 27 July 2016, and in
October 2016, 22 officers and non-commissioned officers who were attending the sixth
course for human rights instructors received training on prevention of torture and mass
atrocities as part of the module on human rights in the context of policing.
53.
The Government can confirm that, as regards the excessive use of force against the
Mapuche people in the context of territorial claims, the protocol followed by the
Carabineros for maintaining public order contains a special protocol for the treatment of
indigenous children and adolescents who have broken the law. These protocols are publicly
available, allowing for greater public oversight.
54.
In addition, the Carabineros have defined torture and other inhuman, cruel and
degrading treatment as abuses that are in violation of the law and police ethics (Protocol 4.5
of General Order No. 2287 of 14 August 2014). Moreover, the institution has identified
approved techniques for apprehending, searching and transporting suspects which are
compatible with Carabineros policy on the use of force by police (Circular No. 1756 of 13
March 2013).
55.
Furthermore, a series of measures have been adopted for the prosecution and
punishment of police violence that may constitute torture or other ill-treatment. For all
complaints of excessive use of force (unnecessary violence, unlawful coercion and any
other cruel, inhuman or degrading treatment) involving children and adolescents, the
Mapuche people in the context of territorial claims or vulnerable groups in the context of
criminal proceedings, the Ministry of the Interior and Public Security has requested that the
Carabineros and the Investigative Police provide information on any proceedings or
administrative investigations that have been conducted in order to determine whether the
alleged events had actually occurred and what sanctions had been imposed as a result.
56.
The Chilean Government is aware that it faces major challenges in this area and that
there is still work to be done. However, those challenges should not detract from the efforts
and the progress that have been made so far, including the definition of the offence of
torture and the steps taken to bring the protocols of Carabineros in line with human rights
standards.
2.1.7
Gender identity legislation
57.
Paragraph 130: The Subcommittee calls upon the State party to adopt legislation
recognizing and providing protection for the right to gender identity, in line with
international standards.
58.
In May 2013, a bill that “recognizes and protects the right to gender identity” was
submitted to the National Congress (Bulletin No. 8924-07). This bill is in its first reading in
the Senate and has been actively examined by the legislature, not only because the
Government is eager for it to be approved promptly but also because of the nature of the
proposal, which has given rise to heated debates, in the spirit of deliberative democracy.
59.
According to the latest information provided by the Government during the second
half of 2016, in addition to defining gender identity, the bill sets out a list of rights and
provides for the exercise of the right to identification in accordance with the right to gender
identity, establishing administrative and judicial procedures that differ depending on
whether the applicant is an adult or a minor.
2.2
2.2.1
Administrative measures
Juvenile criminal justice
60.
Paragraph 113: The Subcommittee recommends that the authorities bear in mind
that the education and social reintegration of offenders should be the primary aims of the
juvenile criminal justice system, and speedy procedures and socioeducational measures
should therefore be put in place. In addition, efforts should be made to reduce the
12
GE.17-07762
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