E/CN.4/1997/7
page 14
(c)
As to the functioning of the Programme of Compensation and Full
Health Care for Victims of Human Rights Violations (PRAIS), 13 teams are now
operating throughout Chile and between 1992 and 1995 the programme catered to
4,197 family groups with members who had been tortured.
46.
Regarding the alleged irregularities in the proceedings involving
three cases of persons tortured and executed during the period of the military
Government, to which the Special Rapporteur drew attention (para. 9), the
Government provided the following information:
(a)
In the case of Mario Fernández López, two members of the army
received prison sentences of 6 years and 10 years and 1 day respectively; they
began serving their sentences in Punta Peuco prison on 17 January 1996;
(b)
In the case of Carlos Godoy Echegoyen, a former
carabinero was
sentenced to imprisonment for three years and one day; he began serving his
sentence in Punta Peuco prison on 12 December 1995;
(c)
In the case of Carmelo Soria Espinoza, on 4 June 1996 the court
ordered the general dismissal of proceedings under the terms of the Amnesty
Act, a decision was being appealed to the Supreme Court.
47.
With regard to the Special Rapporteur's observations on the situation of
minors assigned to punishment cells in the Comunidad Tiempo Joven detention
centre for minors (para. 33), the Government stated that work on a special
section to replace the cells in question was to be completed in
September 1996.
48.
As to the criticism heard by the Special Rapporteur about the fact
that article 260 of the Code of Criminal Procedure provides for “arrest
on suspicion”, and his recommendation that it should be amended
(paras. 34-38), the Government reported that in July 1996 the Chamber of
Deputies’ Constitutional, Legislative and Judicial Committee issued a report
advocating the deletion of that provision from the present Code and its
replacement by the one contained in the draft of the new Code of Criminal
Procedure.
49.
As for the attitude of the police authorities towards torture
(paras. 39-42), the Government stated that it shares the Special Rapporteur’s
view that both the uniformed police (
Carabineros ) and the plain-clothes police
department ( Investigaciones ) should be brought under the authority of the
Minister of the Interior to permit better coordination in preventing and
investigating offences. Moreover, both departments have undertaken a process
of weeding out staff who have failed to observe the basic rules of law in
performing their duties. On 24 January 1996 the Director-General of the
Carabineros reported that he had decided to retire a total of 249 members of
that body on 1 February 1996.
50.
The Special Rapporteur had drawn attention to a number of shortcomings
in the system of criminal justice regarding the protection of detainees
against torture or ill-treatment by the police. However, the Government
reported that many of these shortcomings will be remedied as a result of the
reform of the Code of Criminal Procedure, which is under way. The draft
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