CAT/C/CHL/CO/5
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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).
The State party should take the necessary steps to expedite passage of the bill to
create a national human rights institute. The Committee also recommends to the
State party that this body be established in accordance with the Principles relating to
the status of national institutions for the promotion and protection of human rights
(Paris Principles), which are annexed to General Assembly resolution 48/134, in order
to ensure its autonomy, independence, pluralistic nature, stability, competence and
representative character.
Purview and actions of the Commission on Political Prisoners and Torture
17. The Committee notes and welcomes the State party’s efforts regarding recognition of the
State’s responsibility for the crimes of torture which occurred during the dictatorship. The
Committee values the work of the National Commission on Political Prisoners and Torture
(Valech Commission), but feels that its initial objective has not been fully attained. In this