CAT/OP/CHL/1
also subject to a more lenient prison regime. By contrast, other persons deprived of their
liberty in the same institution are held in overcrowded places with little or no access to
outdoor areas, bathrooms, water supplies, or recreation or work opportunities.
71.
Furthermore, in some of the prisons that were visited, the Subcommittee noted that
the worst conditions, the worst overcrowding and the most serious lack of activities and
privileges were found in blocks housing persons being held in pretrial detention who are
classified as first-time and low-level offenders. This situation places persons deprived of
their liberty under additional pressure to choose summary or simplified proceedings that
allow them to regain their freedom as soon as possible. It was noted that prisons are
generally lacking in educational, training, recreational and other opportunities. As a result,
sentences fail to serve their purpose, which is to bring about rehabilitation and social
integration, and instead simply act as a form of punishment.
72.
According to official figures, the prison population consists of around 45,000
persons who are either in pretrial detention, are standing trial or have been convicted (a rate
of 248 per 100,000 people). In certain prisons, such as those of Valparaíso and south
Santiago, the Subcommittee found particularly deplorable conditions, including a lack of
sleeping space, garbage strewn about, rodents, infestations of bedbugs, and a total lack of
hygiene, services, ventilation and basic infrastructure such as roofs, with the result that
inmates had little or no protection from the cold or rain.
73.
The Subcommittee visited the Special High Security Unit in Santiago. Although
there was no overcrowding at this prison, the Subcommittee was concerned to note that
inmates are often placed in long-term isolation. This situation is exacerbated by the absence
of activities and workshops and the lack of access to sunlight.
74.
The Subcommittee is concerned to note that stricter conditions with regard to
visiting hours and access to recreational activities appear to prevail in wings in privately
run prisons where persons who are standing trial are being held. In the privately run
Valdivia prison, there is more serious overcrowding in one of the blocks than in the others.
75.
The Subcommittee recommends that rules 58 and 105 of the Nelson Mandela
Rules concerning the right to receive visits without discrimination and the right to
have access to recreational and cultural activities should be fully implemented.
76.
The Subcommittee recommends that the State party take measures, as a matter
of urgency, to address overcrowding by making greater use of non-custodial sentences
in accordance with the United Nations Standard Minimum Rules for Non-custodial
Measures (Tokyo Rules) and by reducing the use of pretrial detention. The
Subcommittee also recommends that the State party take steps to reduce the current
discrepancy between the number of persons deprived of their liberty in State-run and
privately run prisons and consider establishing a national ceiling — at a similar level
to the ceiling in place for privately run prisons — on the number of persons who can
be held in State-run prisons. Until such time as this serious problem of prison
overcrowding is resolved, and in view of the fact that these conditions may amount to
ill-treatment, the State party should uphold victims’ right to claim remedies and
adequate redress, as set out in article 2 (3) of the International Covenant on Civil and
Political Rights and article 14 of the Convention against Torture. In this regard, the
Subcommittee recommends that the State party consider, as a form of partial
restitution for the harm suffered, paroling or reducing the sentences of persons
subjected to inhuman conditions of detention.
B.
Infrastructure
77.
The Subcommittee found that dire conditions exist in some prisons, such as the
South Santiago Pretrial Detention Centre, in which 283 first-time detainees are held in a
single section. The Subcommittee noted that the cells that it toured in south Santiago and
Valparaíso do not meet appropriate standards of hygiene, infrastructure or services. Where
sanitary facilities exist, they are inadequate, and the sewerage system is open and often
floods, with the result that raw sewage flows through sleeping quarters, acting as a source
12
GE.17-07771
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