The Committee recommends that, in keeping with its earlier recommendations, the State party
abrogate the Amnesty Decree-Law. The Committee draws the State party’s attention to paragraph 5 of
its general comment No. 2 on the implementation of article 2 of the Convention by States parties,
wherein it considers that amnesties or other impediments which preclude or indicate unwillingness to
provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate
the principle of non-derogability. The Committee also recommends that all necessary steps be taken to
ensure that cases of torture and other cruel, inhuman or degrading treatment or punishment be
thoroughly and promptly investigated in an impartial manner, that the culprits be subsequently tried
and punished, and that steps be taken to compensate victims in accordance with the Convention.
Allegations of torture
(13) The Committee is concerned about continuing allegations that serious crimes have been committed by
on-duty police officers and regrets that efforts to publicize such acts are subject to legal restrictions, which are a
contributing factor to the failure to punish such crimes (arts. 2 and 12).
The Committee recommends that the State party introduce legislative reforms relating to supervision
of the police force as soon as possible with a view to ensuring that no action on the part of the police
force that is contrary to the Convention goes unpunished and that the investigations of such acts are
effective and transparent. The State party should reinforce educational programmes in order to ensure
that all law enforcement personnel are fully aware of the provisions of the Convention.
The Committee also recommends that the State party continue to expedite the measures required for
the creation of the Ministry of Public Security, which would oversee the Carabineros and the
Investigative Police Force.
Reform of military justice
(14) The Committee is concerned about the delay in the State party’s adoption of the reform of the Code of
Military Justice, which the Committee has repeatedly recommended (art. 2).
The Committee recommends that the State party expedite the adoption of reforms to the Code of
Military Justice which will limit the material and personal jurisdiction of military courts. The
Committee reaffirms its recommendation that the State party expurgate the principle of due obedience
from the Code of Military Justice.
Records of complaints
(15) While the Committee takes note of the system used in the Public Prosecutor’s Office for recording reports
and procedures relating to crimes of torture, the Committee is concerned that the system does not contain
disaggregated information on victims and that it is therefore not possible to arrive at a determination regarding
reports of and convictions for torture of women (art. 13).
The Committee recommends that the State party develop a record-keeping system that provides
information on crimes of torture that is disaggregated by, inter alia, the victim’s sex and age.
Creation of a national human rights institute
(16) The Committee notes that the bill to create a national human rights institute defines that body’s duties as
including the preservation of the memory and history of what took place in the State party in terms of human rights
violations. Given the fact that the original bill was submitted in 2005, however, the Committee is concerned about
the delay in securing passage of this bill, which is still being reviewed by the Joint House of Deputies/Senate
Commission (art. 2).
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