CAT/OP/CHL/1/Add.1
1.1
Report methodology and structure
6.
Given the diversity of the Subcommittee’s recommendations and the range of State
actors involved in their implementation, when drafting the State’s replies it was important
to work systematically and to follow a clear methodology, organizing the information that
was gathered and coordinating the measures that would be taken to implement the
recommendations. With that in mind, the recommendations were classified on the basis of
three criteria: the entity responsible (ministry or service), the type of recommendation
(legislative or administrative measures) and lastly, the time frame for implementation: short
term,4 medium term5 or long term6 (see chart).
Chart 1
Classification of recommendations
(Prepared by the author)
Entity
Type
Legal
Ministry
Time frame
Short
Administrative
Recommendation
Medium
Subsidiary
service
Administrative
Long
7.
The present report is a workplan that sets forth the measures being taken in response
to the Subcommittee’s recommendations. Since the work consists of short-term, mediumterm and long-term measures, it will not end with the submission of this report; the
interministerial working group will therefore take steps to establish a body to monitor the
fulfilment of these commitments, especially the long-term ones.
8.
The report covers recommendations of the Subcommittee that call for legal measures
to be taken (second chapter) and recommendations that mainly require the adoption of
administrative measures (third chapter). It is worth mentioning that, owing to the general
nature of the recommendations made by the Subcommittee, the interministerial working
group sometimes found it difficult to determine which ministry or service should be
charged with implementing a particular recommendation. Bearing in mind that the
recommendations concern human rights and should therefore be interpreted in the light of
the pro persona principle, a distinction was made between general recommendations that
could be implemented by more than one service and recommendations that needed to be
implemented by a single service because of the context in which they were made or because
they specifically referred to a given service.
9.
Another difficulty was that the recommendations concern situations that call for a
multidisciplinary approach, which requires not only the expertise of a specific service or
ministry but also action at the interministerial level. In this regard, it is worth highlighting
the collaboration between the Ministry of Health, the Ministry of Justice and Human Rights
and some of the services attached to the latter on the implementation of a number of
measures.
10.
The efforts made by the Government through these different bodies demonstrate its
commitment to complying fully with the Subcommittee’s recommendations, which
represent another step forward in the prevention of torture. Although these efforts show that
the Government has tried to respond to the vast majority of the recommendations, that is
not to say that solutions have been found to all of them. The Subcommittee’s report poses
significant and, in many cases, complex challenges, so this report should be viewed as an
4
5
6
4
Measures implemented by 27 December 2016.
Measures to be implemented by July 2017.
Measures to be implemented from the second half of 2017 onward.
GE.17-07762