CAT/OP/CHL/1/Add.1
initial step towards implementation of the Subcommittee’s recommendations. With that in
mind, the Chilean Government wishes to echo the Subcommittee’s observation that this
marks “the beginning of a constructive dialogue …focusing on the fulfilment by the State
party of its obligations under the Optional Protocol and the achievement of the shared goal
of preventing torture and ill-treatment.”7
11.
In addition, these efforts are framed by an international context in which Chile is
playing a key role in the prevention of torture. As one of the five countries leading the
Convention against Torture Initiative, it has defined torture as an offence (in Act No. 20968
and established protocols for action against torture in some services. Furthermore, it has
tabled a bill designating the National Human Rights Institute as the national preventive
mechanism, it has amended the Prison Regulations, and it has decided to make the report of
the Subcommittee public, as requested by the Subcommittee in its recommendations.8
1.2
Justice Sector Round Table
12.
In view of the role played by the Ministry of Justice and Human Rights in a number
of areas directly related to the mandate of the Subcommittee, this Ministry was charged
with establishing and coordinating a Justice Sector Round Table, made up of
representatives of the Public Criminal Defender Service, 9 the Prison Service 10 and the
National Service for Minors (SENAME). 11 In particular, the Ministry and the associated
services were responsible for finding solutions to approximately 30 of the Subcommittee’s
recommendations. The Round Table was coordinated primarily by the Human Rights Unit
of the Ministry and composed of members of the Social Reintegration Division of the
Ministry, SENAME, the Prison Service and the Public Criminal Defender Service.12
13.
The Justice Sector Round Table held three coordination and follow-up meetings
between October and November 2016, during which a workplan was drawn up, specifying
the time frames and persons responsible for each of the measures to be taken by the
different services.13 Meanwhile, the Human Rights Unit met with the individual services
and noted that the implementation of some recommendations would require collaboration
with the Ministry of Health. A health subcommittee, involving the Ministry of Justice and
Human Rights, the Ministry of Health, SENAME and the Prison Service, was therefore set
up. The following diagram shows the coordinating bodies involved:
7
8
9
10
11
12
13
GE.17-07762
Subcommittee on Prevention of Torture Visit to Chile undertaken from 4 to 13 April 2016:
observations and recommendations addressed to the State party, CAT/OP/CHL/1, para. 132.
Subcommittee on Prevention of Torture. Visit to Chile undertaken from 4 to 13 April 2016:
observations and recommendations addressed to the State party, CAT/OP/CHL/1, paras. 10 and 133.
According to article 2 of Act No. 19718 establishing the Public Criminal Defender Service, the
purpose of the Service is to “defend persons who have been charged with or accused of a serious,
ordinary or minor offence that is within the jurisdiction of a guarantees court or a criminal court that
holds oral proceedings and the respective appeals courts and who do not have a lawyer”.
According to article 1 of Decree-Law No. 2859 establishing the Organic Act on the Prison Service,
the latter is “a public entity attached to the Ministry of Justice whose mandate, in addition to other
functions defined by law, is to facilitate, promote and monitor the social reintegration of persons who,
by decision of the competent authorities, have been detained or deprived of their liberty”.
According to article 1 of Decree-Law No. 2465 establishing the National Service for Minors
(SENAME) and the related Organic Act, this Service is “an entity attached to the Ministry of Justice
that is responsible for helping to protect and promote the rights of children and adolescents whose
rights have been violated and facilitating the social reintegration of young offenders”.
Although there are other services attached to the Ministry of Justice and Human Rights, they were not
required to participate, owing to the nature of the Subcommittee’s recommendations. The services
involved established their own working groups to address the recommendations.
These meetings were held at the Ministry of Justice and Human Rights on 3 October, 24 October and
14 November 2016.
5