CAT/C/CR/32/5
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(v)
That “austere and symbolic” reparation is not the same as “adequate and
fair” reparation as set forth in article 14 of the Convention;
(vi)
That the Commission does not have the competence to investigate
allegations of torture in order to identify those persons responsible, so that
they may be prosecuted;
(h)
Severe overcrowding and other inadequate conditions in places of detention and
reports of failure to conduct systematic inspections of such places;
(i)
The continued provision, in articles 334 and 335 of the Code of Military Justice,
of the principle of due obedience, notwithstanding provisions affirming a subordinate’s right to
protest against orders that might involve committing a prohibited act;
(j)
Reports that life-saving medical care for women suffering complications after
illegal abortions is administered only on condition that they provide information on those
performing such abortions. Such confessions are reportedly used subsequently in legal
proceedings against the women and against third parties, in contravention of the provisions of the
Convention;
(k)
That the introduction of the new Code of Criminal Procedure in the Metropolitan
Region has been delayed until late 2005;
(l)
That few cases of disappearances have been clarified by the military, despite the
Government’s efforts to establish a dialogue;
(m)
The absence of disaggregated data on complaints, the results of investigations, or
prosecutions related to the provisions of the Convention;
(n)
The insufficient information on the application of the Convention to action by the
armed forces.
E. Recommendations
7.
The Committee recommends that the State party should:
(a)
Adopt a definition of torture in conformity with article 1 of the Convention, and
ensure that it covers all forms of torture;
(b)
Reform the Constitution to ensure the full protection of human rights, including
the right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment in conformity with the Convention, and to this end abolish the Amnesty Law;
(c)
Transfer responsibility for the carabineros and the civil police forces from the
Ministry of Defence to the Ministry of the Interior and ensure that the jurisdiction of military
courts is limited to crimes of a military nature;