CAT/C/CHL/CO/6
enforced disappearances and 539 to acts of torture or ill-treatment. The Committee also
notes the information provided by the delegation on the ongoing criminal proceedings in
connection with human rights violations committed under Operation Condor (arts. 12, 13
and 14).
45.
The Committee urges the State party to continue prosecuting cases of human
rights violations that occurred during the dictatorship and to ensure that the
perpetrators of these crimes are sentenced in accordance with the gravity of their acts
and that the sentences imposed on them are effectively enforced. The State party
should also step up its efforts to systematically collect data on progress made in
investigating cases of torture and other serious human rights violations committed
during the dictatorship, including those committed under Operation Condor.
Amnesty Decree-Law No. 2191
46.
The Committee remains concerned at the fact that Amnesty Decree-Law No. 2191
of 18 April 1978 remains in force, despite the delegation’s explanation that it is not applied
in judicial practice. While noting the content of the bill (Bulletin No. 4162-07) providing
for the annulment of this law and the constitutional reform promoted by the Government to
prevent the use of amnesty laws in judicial proceedings concerning past human rights
violations (Bulletin Nos. 9748-07 and 9773-07), the Committee regrets that no significant
progress has yet been made in the consideration of these reforms (art. 2).
47.
The Committee reiterates the recommendation contained in its previous
concluding observations (see CAT/C/CHL/CO/5, para. 12), in which it urged the State
party to abrogate Amnesty Decree-Law No. 2191. The State party should also ensure
that its laws preclude any possibility of granting amnesty to any person convicted of
the crime of torture or any kind of pardon that violates the Convention.
National Commission on Political Prisoners and Torture
48.
The Committee regrets the continued validity of article 15 of Act No. 19992 of 17
December 2004, which provides that documents, witness accounts and records submitted to
the National Commission on Political Prisoners and Torture by victims of human rights
violations committed during the dictatorship should remain classified for 50 years, without
prejudice to the right of the holders of such documents and statements to disclose or submit
them to third parties of their own free will. While noting the content of the bill (Bulletin No.
10883-07) amending the provisions of Act No. 19992 that regulate the handling of the
information gathered by this Commission, the Committee notes that no significant progress
has been made in the consideration of this bill since October 2017 (arts. 12–14).
49.
The Committee reiterates the recommendation made in its previous concluding
observations (see CAT/C/CHL/CO/5, para. 19), in which it urged the State party to
repeal the provisions contained in Act No. 19992 under which documents, witness
accounts and records submitted to the National Commission on Political Prisoners
and Torture by victims of torture and other serious human rights violations during
the dictatorship are to remain classified for 50 years.
Advisory Commission for the Recognition of Disappeared and Executed Political
Prisoners and the Victims of Political Imprisonment and Torture
50.
The Committee welcomes the efforts made by the Advisory Commission to
recognize the status of political prisoners who disappeared or were executed and the victims
of political imprisonment and torture committed between 11 September 1973 and 11 March
1990. Through those efforts, 9,795 new cases of political imprisonment and torture and a
further 30 cases of enforced disappearance and/or extrajudicial killing have been
recognized. However, the Committee is concerned at reports indicating that persons who
testified before this body but were ultimately not recognized as victims were unable to
appeal the decision and were not informed of the determining criteria used. The Committee
also considers that the initial six-month period for the receipt of testimonies and requests
for compensation by the Advisory Commission was too short, despite the fact that, under
GE.18-14136
11