(d)
The continued subordination of the carabineros and the civil police forces to the
Ministry of Defence, one result of which is that the competence of the military jurisdiction
remains excessively broad;
(e)
Reports that some officials accused of torture-related crimes during the
dictatorship have been appointed to high office;
(f)
The absence of internal legal provisions that expressly prohibit extradition, return,
or expulsion when there are grounds for believing the person may be subjected to torture in the
requesting country, and the absence of internal provisions regulating the implementation of
articles 5, 6, 7, and 8 of the Convention;
(g)
The limited mandate of the National Commission on Political Imprisonment and
Torture aimed at identifying victims of torture during the military regime and the conditions for
obtaining reparation. In particular, the Committee notes with concern:
(i)
The short time period in which alleged victims can register with the
National Commission, resulting in fewer persons registering than
anticipated;
(ii)
The lack of clarity as to which acts the Commission defines as torture;
(iii)
The reported rejection of claims not filed in person, notwithstanding, e.g.,
the disability of the person(s) involved;
(iv)
The failure to permit persons to register who may have received reparation
for other human rights violations (disappearance, exile, etc.);
(v)
That “austere and symbolic” reparation is not the same as “adequate and
fair” reparation as set forth in article 14 of the Convention;
(vi)
That the Commission does not have the competence to investigate
allegations of torture in order to identify those persons responsible, so that
they may be prosecuted;
(h)
Severe overcrowding and other inadequate conditions in places of detention and
reports of failure to conduct systematic inspections of such places;
(i)
The continued provision, in articles 334 and 335 of the Code of Military Justice,
of the principle of due obedience, notwithstanding provisions affirming a subordinate’s right to
protest against orders that might involve committing a prohibited act;
(j)
Reports that life-saving medical care for women suffering complications after
illegal abortions is administered only on condition that they provide information on those
performing such abortions. Such confessions are reportedly used subsequently in legal
proceedings against the women and against third parties, in contravention of the provisions of
the Convention;
30
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