(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; 31

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