CAT/C/CHL/CO/6
article 1 of Act No. 20496 of 25 January 2011 (arts. 12–14), it was extended for six months
until 17 August 2011.
51.
Taking into account the short time frame for the submission of testimonies and
requests for redress to the Advisory Commission, the Committee encourages the State
party to consider establishing a permanent mechanism for the identification and
recognition of victims of human rights violations committed during the dictatorship.
Redress
52.
The Committee notes with concern that, despite its repeated requests, the State party
has not submitted detailed information on redress and compensation measures, including
means of rehabilitation, ordered by the courts and provided to the victims of torture or their
families during the reporting period. With regard to the Compensation and Comprehensive
Health-Care Programme, while the Committee appreciates the clarifications provided by
the delegation on the coverage that the Programme provides to victims of acts of torture
committed during the dictatorship, the Committee remains concerned at reports that the
Programme is underfunded, that staff turnover is excessively high, that staff lack training
and that the services and benefits need to be improved and expanded in view of the fact that
beneficiaries of the Programme are gradually ageing. Lastly, the Committee notes the
reasons given by the current Government for the withdrawal of the bill on redress for
victims of political imprisonment and torture (art. 14).
53.
The Committee draws the State party’s attention to its general comment No. 3
(2012) on the implementation of article 14 by States parties, in which it elaborates on
the nature and scope of their obligations under the Convention to provide full redress
to victims of torture. In particular, the State party should:
(a)
Ensure that all victims of torture and ill-treatment, including those who
currently live outside Chile, obtain redress, including an enforceable right to fair and
adequate compensation and the means for as full rehabilitation as possible;
(b)
Ensure that the effectiveness of rehabilitation programmes for victims of
torture is continuously monitored and evaluated and that data on the number of
victims and their specific rehabilitation needs are collected;
(c)
Ensure that the Compensation and Comprehensive Health-Care
Programme has properly trained specialized staff and the necessary material
resources for it to operate effectively, and ensure that consideration is given to the
possibility of expanding its benefits and services;
(d)
Continue making progress in the adoption of legislative and other
measures necessary to ensure that all victims of torture under the dictatorship obtain
redress, including an enforceable right to fair and adequate compensation and the
means for as full rehabilitation as possible.
Trafficking in persons
54.
While noting that the offences of smuggling of migrants and trafficking in persons
have been established under Act No. 20507 of 1 April 2011, the Committee notes with
concern that the criminal offence of trafficking in persons, set out in article 411 quater of
the Criminal Code, does not include acts of trafficking for the purpose of labour
exploitation (art. 2).
55.
The Committee urges the State party to review its criminal legislation on
trafficking in persons so as to bring it into line with international standards, in
particular the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention
against Transnational Organized Crime.
Follow-up procedure
56.
The Committee requests that the State party provide, by 10 August 2019,
information on the follow-up given to the Committee’s recommendation on
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