(g)
The establishment of the National Commission on Political Imprisonment and
Torture to identify persons who were deprived of freedom and tortured for political reasons
during the military dictatorship, and the assurances by the representative of the State party that
its tenure would be extended to permit it to complete its work;
(h)
Assurances by the representatives of the State party that mechanisms have been
created to ensure that any testimony obtained under torture will not be admissible in court, and
their recognition of the serious problem of coercing confessions from women who seek
life-saving treatment in public hospitals after illegal abortions;
(i)
Confirmation that non-governmental organizations are allowed regularly to visit
places of detention;
(j)
The declarations under articles 21 and 22 of the Convention, enabling other States
parties (art. 21) and individuals (art. 22) to submit complaints concerning the State party to the
Committee;
(k)
Notification by the representatives of the State party that the process of
ratification of the Optional Protocol to the Convention against Torture has been initiated.
C. Factors and difficulties impeding the application of the Convention
55.
The constitutional arrangements made as part of the political agreement that facilitated
the transition from military dictatorship to democracy jeopardize the full exercise of certain
fundamental human rights, according to the State party’s report. While being aware of the
political dimensions of these arrangements and their shortcomings, and noting that several
Governments have previously submitted constitutional amendments to the Congress, the
Committee stresses that internal political constraints cannot serve as a justification for
non-compliance by the State party with its obligations under the Convention.
D. Subjects of concern
56.
The Committee expresses concern about the following:
(a)
Allegations of continued ill-treatment of persons, in some cases amounting to
torture, by carabineros (uniformed police), policía de investigaciones (civil police forces) and the
gendarmería (prison guards), and reports of failure to conduct thorough and independent
investigations into such complaints;
(b)
The fact that certain constitutional provisions jeopardizing the full exercise
of fundamental human rights remain in force, including, in particular, the Amnesty Law,
which prohibits prosecution of human rights violations committed from 11 September 1973
to 10 March 1978 and which entrenches the impunity of those responsible for torture,
disappearances and other serious human rights violations during the military dictatorship and
the lack of reparation for the victims of torture;
(c)
That the definition of torture in the Criminal Code does not comply fully with
article 1 of the Convention, and that it does not fully incorporate the purposes of torture and the
acquiescence of public officials;
29
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