CAT/OP/CHL/1
particularly single mothers, who are caring for their children. The Subcommittee observed
cases of mothers in San Miguel Prison in Santiago and the prison in Antofagasta who had
been awaiting trial for more than one year.
85.
The Subcommittee reminds the State party of the principle of the best interests
of the child and rule 58, on pretrial and sentencing alternatives for women, of the
United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (Bangkok Rules).
86.
The poor material conditions existing in the facilities visited in San Miguel, Quillota
and Antofagasta have a severe impact on the physical well-being of women. In those three
locations, access to sanitary facilities was not sufficient. At the Antofagasta prison, women
did not have toilets in their rooms and had to use plastic buckets during lock-down. A lack
of privacy was noted in the women’s unit at the privately run prison in Valdivia, where the
toilet facilities are located within view of a camera in the yard. Women were not provided
with sanitary towels or other basic personal hygiene products at any of the facilities that
were visited and had to obtain such items from visitors or from other prisoners if they did
not have any visitors.
87.
Through numerous interviews, the Subcommittee identified a pattern of
discrimination. Women received fewer conjugal visits than men did and had fewer
opportunities to participate in professional workshops and recreational activities and to
engage in physical exercise. Workshops at the Antofagasta prison included modelling,
sewing, hairdressing and manicuring, thereby perpetuating gender stereotypes and creating
unequal access to employment and a greater risk of poverty.
88.
At the Valdivia prison, the Subcommittee noted that, while men were segregated
according to the seriousness of their offence, in the women’s area, all categories of
detainees were held together. The Subcommittee observed a high degree of tension and a
dangerous atmosphere among the detainees. This situation could well be regarded as a
component of systematic discrimination in privately run prisons.
89.
The Subcommittee recommends that the State party adopt a cross-cutting
approach to gender mainstreaming in its incarceration and rehabilitation policies.
90.
The Subcommittee is concerned by the existence of serious discrimination against
lesbian detainees. While relationships between male detainees are allowed, relationships
between female detainees are not tolerated, leading some female detainees to attempt
suicide by drinking bleach or setting fire to themselves as a form of protest and in order to
avoid being separated from their partners. A number of couples reported having been
insulted by prison officials and subjected to sexual humiliation.
91.
The Subcommittee recommends that, in line with rule 16 of the Bangkok Rules,
the authorities, in consultation with the mental health and social welfare services,
develop and implement strategies to prevent suicide and self-harm among women
prisoners.
92.
The restriction of visits as a disciplinary measure represents a further violation of
women’s rights. While the measure is applied in both men’s and women’s prisons, it affects
women differently. The Subcommittee found cases of women who had had their visits
restricted for several months, either by the courts or by prison directors. The measure had
caused these women serious psychological suffering. In all the prisons it visited, the
Subcommittee also heard a number of complaints regarding the alleged arbitrariness of
punishments and discrepancies in the application of sanctions for the same offence.
93.
The Subcommittee recalls that, under rule 23 of the Bangkok Rules,
disciplinary sanctions for women prisoners should not include a prohibition of family
contact, especially with their children.
94.
The Subcommittee was apprised of the serious situation of a female former prison
guard who was being held in an isolation cell in San Miguel Prison with no access to a
bathroom. She was at a distinct disadvantage when compared with the male former prison
guards being held in the Antofagasta prison and the Special High Security Unit in Santiago,
who had a number of privileges.
14
GE.17-07771
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