CAT/OP/CHL/1/Add.1
29.
Another important development relating to the Subcommittee’s recommendation in
this area is the amendment, under Act No. 20968, to the second paragraph of article 19 of
Decree-Law No. 2460, the Organic Act on the Investigative Police, establishing that the
new legislation also applies to police officers. This amendment solves the problems of
interpretation and legal uncertainty arising from comparison between this legislation and
similar provisions in general criminal legislation; it also prevents fragmentation of the law
and sets the Investigative Police on the same footing as other public officials.
30.
Lastly, the changes go beyond the Subcommittee’s recommendation by restricting
the jurisdiction of military courts to cases that concern the military. Under Act No. 20968,
the first paragraph of article 1 of Act No. 20477, modifying the jurisdiction of military
courts, has been amended to include the phrase “whether victims or defendants”, thus
preventing military courts from hearing any cases that involve civilians or minors, whatever
their role in the proceedings. Such cases will therefore always fall within the jurisdiction of
ordinary criminal courts. This change marks a huge step forward in the reform of the
military justice system in Chile. The Government is working towards implementing the
other changes that are needed in this area.
2.1.3
Court for the execution of sentences
31.
Paragraph 38: The Subcommittee recommends that the State party establish a system
in which responsibility for monitoring and overseeing the execution of prison sentences is
assigned to a specialized judicial body.
32. Although there is no court for the execution of sentences in Chile, articles 567 et seq.
of the Courts Organization Code provide that the judge responsible for procedural
safeguards may visit the prison or establishment where detainees or prisoners are being held
in order to determine whether they are being subjected to improper treatment and whether
their right to defence is being restricted or their cases are being unlawfully prolonged.
Article 569 further provides that all detainees and inmates who have been remanded by the
court and those whose detention has not yet been notified to the court must be present
during the visit if they so request.
33.
The rules laid down by the Courts Organization Code and some provisions of the
Code of Criminal Procedure 19 have been criticized by national and international human
rights organizations and prison expert bodies.20
2.1.4
Legal framework for the prison system
34.
Paragraph 40: The Subcommittee recommends that the State party adopt a
comprehensive legal framework for the prison system that is in conformity with
international standards, including the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the
Bangkok Rules), to govern regulate the use of force and the disciplinary sanctions applied
by prison officers. This regulatory framework should also provide for the possibility of
prison sentence reductions and parole.
35.
Paragraph 42: The Subcommittee recommends that, as part of the reform of prison
legislation, systems of privileges, including parole, be brought into line with rule 95 of the
Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) on
19
20
GE.17-07762
In particular, article 466 of the Code of Criminal Procedure, concerning participants in hearings,
provides that during the execution of the sentence or the security measure, the only persons entitled to
be heard by the competent due process judge shall be the public prosecutor, the defendant, his or her
defence counsel and the officer responsible for overseeing the execution of a non-custodial penalty of
community service, probation or intensive probation, as appropriate.
Including the Rapporteurship on the Rights of Persons Deprived of Liberty of the Inter-American
Commission on Human Rights after a visit to Chile in 2008, the National Human Rights Institute
(2010 and 2011 annual reports on the human rights situation in Chile) and the Prison Reform Council
(2010).
9