C.
Subjects of concern
58. The Committee notes with concern the existence of a considerable number of
complaints of torture and ill treatment at the hands of various law enforcement
services, especially the Carabineros and the Investigatory Police, which have
not met with an effective response, with the authors of these acts being duly
brought to trial.
59. The Committee also considers that some aspects of the legislation in force,
such as the rules of the criminal prosecution system and the subjection of
civilians to military jurisdiction, are not helpful as far as the prevention of
torture is concerned.
D.
Recommendations
60. In a spirit of collaboration, the Committee suggests the adoption of the
following measures:
(a) An in-depth review of procedure, especially as regards police powers
of detention and the right of the detainee to free access to and communication
with family members and legal advisers and a physician whom he trusts;
(b) The advisability of explicitly abolishing those rules, such as
automatic obedience, which are not compatible with the Convention;
(c) Making the security forces subordinate to the civil authorities
responsible for public safety and the abandonment of all vestiges of the
legislation enacted by the military dictatorship;
(d) The advisability of making special provision for the offence of
torture, as described in article 1 of the Convention, and making it punishable
by a penalty appropriate to its seriousness;
(e) The possibility of withdrawing the existing reservation to the
Convention and making declarations to the effect that the State party recognizes
the competence of the Committee in the circumstances described in articles 21
and 22 of the Convention.
61. The Committee again expresses its appreciation to the Government of Chile
for its readiness to engage in dialogue and in the search for solutions and is
grateful for the supply of the legislation which has been enacted and that which
will be enacted in the future.
Peru
62. The Committee considered the initial report of Peru (CAT/C/7/Add.16), which
should have been submitted in 1989, at its 193rd and 194th meetings, held on
9 November 1994 (CAT/C/SR.193 and 194 and Add.2), and adopted the following
conclusions and recommendations.
A.
Introduction
63. The Committee appreciates the presence of a highly qualified delegation, as
well as the clarifications and explanations supplied in both the written and
oral reports.
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