(k)
That the introduction of the new Code of Criminal Procedure in the Metropolitan
Region has been delayed until late 2005;
(l)
That few cases of disappearances have been clarified by the military, despite the
Government’s efforts to establish a dialogue;
(m)
The absence of disaggregated data on complaints, the results of investigations, or
prosecutions related to the provisions of the Convention;
(n)
The insufficient information on the application of the Convention to action by the
armed forces.
E. Recommendations
57.
The Committee recommends that the State party should:
(a)
Adopt a definition of torture in conformity with article 1 of the Convention,
and ensure that it covers all forms of torture;
(b)
Reform the Constitution to ensure the full protection of human rights,
including the right not to be subjected to torture or other cruel, inhuman or degrading
treatment or punishment in conformity with the Convention, and to this end abolish the
Amnesty Law;
(c)
Transfer responsibility for the carabineros and the civil police forces from
the Ministry of Defence to the Ministry of the Interior and ensure that the jurisdiction of
military courts is limited to crimes of a military nature;
(d)
Eliminate the principle of due obedience, which may permit a plea of
superior orders, from the Code of Military Justice to bring it into conformity with article 2,
paragraph 3, of the Convention;
(e)
Adopt all the necessary measures to ensure impartial, full and prompt
investigations into all allegations of torture and other cruel, inhuman or degrading
treatment, the prosecution and punishment of the perpetrators, and the provision of fair
and adequate compensation for the victims, in conformity with the Convention;
(f)
Consider eliminating or extending the current 10-year statute of limitations
for the crime of torture, taking into account its seriousness;
(g)
Adopt specific legislation to prohibit extradition, return, or expulsion to
countries where a person may be in danger of being subjected to torture;
(h)
Clarify, through legislation, the status of the Convention in domestic law to
ensure that the provisions of the Convention can be applied, or adopt specific legislation
incorporating the provisions of the Convention;
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