CAT/OP/CHL/1
95.
At San Miguel Prison, the Subcommittee observed two pregnant women whose
health was at risk but who had not undergone the appropriate examinations. Furthermore,
the Subcommittee was informed that none of the other pregnant women received regular
check-ups. Similarly, in the Antofagasta prison and the privately run prison in Valdivia, the
Subcommittee observed several female prisoners in acute need of mental health care.
96.
The Subcommittee recommends that the State party ensure that, in accordance
with rule 12 of the Bangkok Rules, women prisoners with mental health-care needs
have access to individualized health care and rehabilitation programmes which are
both comprehensive and gender-sensitive.
97.
The Subcommittee is concerned at the excessive regime of confinement, of up to 15
hours per day, observed in the wing housing women with children under 2 years of age at
the Antofagasta prison. The wing has no heating and no access to the outside courtyard.
The Subcommittee stresses that lengthy confinement undermines the mental stability of
women and their children and can have adverse effects on child development. In the
Antofagasta prison, the Subcommittee received a report of the use of solitary confinement
as punishment for a pregnant woman, despite the fact that rule 22 of the Bangkok Rules
prohibit such punishment for pregnant women.
98.
In line with the Bangkok Rules, the Subcommittee recommends that the State
party ensure that nursing mothers and their children, including those in the
Antofagasta prison, have adequate space, daily exposure to natural light and
appropriate ventilation and heating for the weather conditions of the place of
deprivation of liberty.
99.
In all the facilities that were visited, the Subcommittee was informed of invasive
body searches of female detainees, including during raids and searches, and of female
visitors. A number of individuals reported that such procedures were frequent, routine and
deeply humiliating.
100. In line with rules 19 and 20 of the Bangkok Rules, the Subcommittee urges the
State party to take effective measures “to ensure that the dignity and respect of
imprisoned mothers are protected during body searches” and “to replace strip
searches and invasive body searches” with alternative methods of inspection, such as
the widespread use of scanners.
101. The Subcommittee is concerned about the disproportionate impact on women of the
implementation of Act No. 20000, which sets out penalties for illicit drug trafficking. The
Subcommittee was informed that, since that law entered into force in 2005, the number of
women deprived of their liberty has more than doubled. The Subcommittee is concerned
that, in addition to establishing very stiff sentences, Act No. 20000 hinders access to parole,
since, under that law, parole can only be requested once two thirds of the sentence has been
served, rather than half of the sentence, as is the case for other ordinary offences.
102. Taking into account the discriminatory effects on women of the implementation
of Act No. 20000, the Subcommittee recommends that the State party consider
providing access to parole and early release on the same terms as for persons
convicted of other ordinary offences.
B.
Protection of children and adolescents in conflict with the law
103. In order to assess the situation of children and adolescents deprived of their liberty,
the Subcommittee met with officials from the National Service for Minors and civil society
organizations and visited the youth wings of the Valparaíso prison complex and the
privately run prison in Antofagasta, as well as the juvenile section of Santiago Psychiatric
Hospital.
104. It also visited the San Joaquín temporary detention centre, which is managed by the
National Service for Minors and which, on the day of the visit, housed 233 minors. The
Subcommittee notes with satisfaction that material conditions are good, proper meals are
provided and there is sufficient access to the yards and workshops. However, the
GE.17-07771
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