CAT/C/CHL/CO/6
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Istanbul Protocol) (art. 10), have been organized by
the Forensic Medical Service for the benefit of professionals (experts, doctors and
psychologists) directly involved in the investigation and documentation of torture.
41.
The State party should:
(a)
Further develop mandatory in-service training programmes to ensure
that all public officials, in particular law enforcement officials, members of the armed
forces, prison staff, border guards and medical personnel employed in prisons, are
well acquainted with the provisions of the Convention and are fully aware that
violations will not be tolerated and will be investigated, and that those responsible will
be prosecuted and, upon conviction, appropriately sanctioned;
(b)
Ensure that all relevant staff, including medical personnel, are
specifically trained to identify cases of torture and ill-treatment, in accordance with
the Istanbul Protocol;
(c)
Develop and apply a methodology for evaluating the effectiveness of
educational and training programmes relating to the Convention and the Istanbul
Protocol;
(d)
Ensure that all law enforcement officers, civilian judges, military judges
and public prosecutors receive mandatory training emphasizing the link between noncoercive interrogation techniques, the prohibition of torture and ill-treatment, and the
obligation of the judiciary to invalidate confessions made under torture.
Non-refoulement
42.
The Committee considers that the period of 24 hours, from the time of notification,
for filing an appeal to the Supreme Court against an expulsion decision, as provided for by
Decree-Law No. 1094 of 14 July 1975, is too short. In this connection, the Committee takes
note of the bill on migration and aliens (Bulletin No. 8970-06), currently under
consideration, which would extend the time limit to 48 hours and transfer the consideration
of appeals to the courts of appeal, sitting in final instance (art. 3).
43.
The Committee calls on the State party to adopt legislative and other measures
necessary to:
(a)
Review existing legislation on migration and aliens in order to extend the
deadline for the filing of appeals against expulsion decisions;
(b)
Ensure that, in practice, no one may be expelled, returned or extradited
to another State where there are substantial grounds for believing that he or she
would run a personal, foreseeable risk of being subjected to torture;
(c)
Guarantee that all persons in the territory or under the jurisdiction of
the State party have effective access to the procedure for determining refugee status;
(d)
Ensure that procedural safeguards against refoulement are in place and
that effective remedies in respect of refoulement claims in removal proceedings are
available, including reviews of rejections by an independent judicial body, in
particular on appeal.
Trials for cases of torture and other serious human rights violations committed during
the dictatorship
44.
The Committee notes with appreciation that, during the period under review, the
courts continued to prosecute and convict former military personnel and State actors for
committing human rights violations between 11 September 1973 and 10 March 1990. It
regrets, however, that little official information on these proceedings is available, in
particular on the judgments handed down, the sentences imposed on the perpetrators and
the time actually served. According to the information provided by the State party
delegation, there are currently a total of 1,287 open cases of human rights violations
committed during the dictatorship, of which 536 relate to extrajudicial executions, 212 to
10
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