Deprivation of liberty in the case of adolescents
(22) The Committee takes note of the efforts that the State party has made to improve the regime governing the
deprivation of liberty in the case of adolescents. Nevertheless, the Committee is concerned about some shortcomings
in centres where adolescents are held, such as serious overcrowding, the failure to separate different categories of
inmates and an inadequate supply of basic services. The Committee is also concerned by reports of excessive use of
force and the use of isolation as a punishment in such centres (art. 16).
The State party should:
(a)
Take the necessary steps to ensure that adolescents are deprived of their liberty only as a
measure of last resort;
(b)
Ensure that adolescents deprived of their liberty have access to workshops and training
courses and to an adequate supply of basic services, especially as regards health care. It should also
ensure that adolescents deprived of their liberty are provided with proper legal aid when they need it;
(c)
Eliminate any possibility that disciplinary measures, especially measures amounting to
isolation, might be applied without due process;
(d)
Take steps to combat overcrowding in these centres;
(e)
Ensure that the law on the criminal responsibility of adolescents requires that the
treatment they receive is in accordance with international standards and principles.
Indigenous peoples
(23) The Committee takes note of the text of the constitutional amendment now before Congress which accords
recognition to indigenous peoples. The Committee also welcomes the establishment of an ombudsman’s office for
indigenous peoples specializing in criminal matters. Nevertheless, the Committee is concerned by the many reports
that it has received regarding the continuing commission of abusive acts by police officers against members of
indigenous peoples, especially members of the Mapuche people. The Committee is particularly concerned by the
fact that the victims of these acts include women, children and older persons. The Committee also notes with
concern that the State party has on occasion applied the Counter-Terrorism Act to members of indigenous peoples in
connection with acts of social protest (art. 16).
The State party should:
(a)
Take all necessary steps to carry out prompt and effective investigations into abuses
committed against members of indigenous peoples and to bring to trial and punish any police officers
who commit such abuses;
(b)
Provide detailed statistics, with breakdowns by age, sex and geographical location, on all
complaints of acts of torture or ill-treatment committed by law enforcement officers against members
of indigenous peoples, as well as on the corresponding investigations, trials and convictions;
(c)
Provide detailed data on the cases involving indigenous persons in which the
Counter-Terrorism Act has been applied.
(24) The Committee is concerned about reports indicating that a number of people who were imprisoned during
the dictatorship, tortured, and later forced to leave the country continue to be deprived of the possibility to return
(art. 16).
The Committee recommends that the State party reconsider the status of these people and give serious
consideration to the possibility of permitting them to return to Chile.
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