CAT/OP/CHL/1
Subcommittee is concerned by the numerous allegations, which were substantiated in
several interviews, of violent cell raids carried out by the security guards, sometimes in the
presence of or with the acquiescence of officials from the National Service for Minors.
These raids appear to be a form of collective punishment for offences committed by
individuals. The adolescents described being slapped, punched, kicked with army boots,
insulted and ordered to do squats and having pepper spray sprayed in their eyes. Some
interviewees had marks on their backs and torn clothing as the result of a raid that had taken
place the day before the visit. The Subcommittee highlights the fact that such incidents, in
combination with the vulnerable nature of children, constitute acts of torture and illtreatment and violate international standards applicable to the treatment of juveniles
deprived of their liberty. Furthermore, the minors interviewed by the Subcommittee were
not aware of whether a mechanism was in place for lodging complaints about abuses and
punishments that occur during raids.
105. In this context, the Subcommittee is concerned about possible reprisals against the
minors who met with the Subcommittee.
106. Interviews with the centre’s staff revealed that reoffending rates are high and that
there were 10 suicide attempts in 2015. In the first quarter of 2016, there have been a
further two suicide attempts. All of these attempts have apparently been connected to
overcrowding in the centre during that period and the presence of minors with serious
mental health problems.
107. The Subcommittee observed that deprivation of liberty was not applied for the
shortest possible period of time, as a number of adolescents had been at the centre for
longer than six months. Similarly, there had been cases of children who had been held in
pretrial detention in the centre for more than a year.
108. The Subcommittee expresses its great concern at the removal of the former director
of the centre from her post in 2014 as a disciplinary measure allegedly connected to the illtreatment of minors in detention. The Subcommittee urges the State party to conduct an
independent and impartial investigation and to protect the witnesses and victims in
the case.
109. The Subcommittee consulted the records and found that 22 complaints in connection
with minors who had injuries upon admission to the centre had been referred to the courts
and the Attorney General’s Office. Seven of the cases involved members of the
Carabineros, one involved members of the investigative police, four involved prison service
staff and one involved an official from the National Service for Minors. Staff at the centre
indicated that minors who had been apprehended by means of “citizen’s arrests” often
arrived showing signs of having been beaten.
110. The Subcommittee recommends that the State party ensure that all detention centres
and alternative care facilities for minors are subject to a system of regular, unannounced
monitoring visits and that minors have access to independent complaints mechanisms. The
State party should also ensure the prompt and impartial investigation of all complaints of
abuse in the San Joaquín temporary detention centre, the prosecution of the suspected
perpetrators in order to prevent the recurrence of abuse and the protection of witnesses and
victims. The Subcommittee recommends that the authorities familiarize themselves with the
Istanbul Protocol and apply it in the investigation and documentation of complaints and
reports of torture and ill-treatment.
111. The Subcommittee notes the need, according to a number of interviewees, for the
Act on Adolescent Criminal Responsibility to be amended to address the complexity of the
causative factors set out therein and the lack of functional specialization in juvenile justice.
112. The Subcommittee found that many adolescents who were charged and convicted
had used the services of private lawyers owing to the absence of a system of specialized
legal representation.
113. The Subcommittee recommends that the authorities bear in mind that the
education and social reintegration of offenders should be the primary aims of the
juvenile criminal justice system, and speedy procedures and socioeducational
measures should therefore be put in place. In addition, efforts should be made to
16
GE.17-07771
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