E/CN.4/1997/7 page 15 reform lists the rights of accused persons who have to be informed of them by the police. They include the right to remain silent, the right to be assisted by a lawyer during the initial phases of the investigation, the right to confer daily and in private with a lawyer during detention and the right to have their family immediately informed of their arrest. The draft institutes oral, public and adversarial proceedings and separates the investigatory functions from the judicial by establishing the Prosecution Service. The reform will also make it possible to conduct more detailed, thorough and specialized police investigations, based on the balanced use of a variety of investigative tools and precluding the possibility of basing the trial essentially on the suspect’s confession. The maximum period for which suspects may be held in police custody is reduced to 12 hours, after which they are to be referred to the Prosecution Service. The police are prohibited from questioning detainees without the prior authorization of the Prosecution Service’s prosecutor. Suspects may not be held incommunicado for more than five days, after which they must be allowed to communicate with their lawyer. 51. The Government also reported that, on 17 July 1996, the Chamber of Deputies’ Constitutional, Legislative and Judicial Committee adopted the full text of the draft which would then be considered by the Chamber and subsequently the Senate. Meanwhile, the Organization Act and constitutional reform relating to the Prosecution Service are to be adopted. The Government hopes that Congress will have completed the reforms process before the next presidential term of office in 1998. 52. As regards the definition of torture as an offence, in respect of which current legislation is allegedly inadequate (para. 69), the Government has reported that it submitted a bill to the Chamber of Deputies in order specifically to define torture as an offence using the wording contained in the Convention against Torture. In addition, anyone who, being aware of such offences and in a position to prevent them, fails to do so, will also be liable to punishment. 53. Regarding the Special Rapporteur’s recommendation that the Government should consider increasing its contribution to the United Nations Voluntary Fund for Victims of Torture, the Government has indicated its intention of increasing its contribution to US$ 10,000 as from 1997. Observations 54. The Special Rapporteur is grateful to the Government of Chile for the very detailed response and the extensive information, indicating its continuing serious and constructive approach to cooperation with the Special Rapporteur and the Commission. He attaches particular importance to the successful prosecution in two cases of persons responsible for criminal excesses and looks forward to learning of developments before the Supreme Court in respect of a third (Carmelo Soria Espinoza). He commends the Government on its efforts to amend the Penal Code and reform the Code of Criminal Procedure. In the light of the inevitably protracted procedures involved in such a major exercise, he suggests that the Government and Congress consider acting with special expedition towards the adoption of the