E/CN.4/1998/38
page 11
43.
According to the information received, it was unusual for complaints to
be filed because the victims were afraid of reprisals or considered that the
persons who were guilty would never be brought to justice. In addition, the
authorities allegedly did not take account of requests by judges in connection
with investigations of human rights violations. For example, when orders were
given by the public prosecutor for the interrogation of soldiers responsible
for human rights violations, the gendarmes would refuse on the grounds that
they could not interrogate their superiors. The authorities also made sure
that jails and places of detention were beyond the prosecutors' control and
set up obstacles to the prosecutors' work in this regard.
44.
The Special Rapporteur has transmitted information to the Government
on 13 cases, some of them collective, relating to 19 persons, as well as to a
number of unidentified persons. He also transmitted an urgent appeal on
behalf of eight persons.
Observations
45.
The Special Rapporteur regrets the absence of a response from the
Government, in the light of information indicating the probability that there
is extensive resort to torture by the forces charged with keeping public
order.
Chile
46.
In a letter dated 22 September 1997 the Special Rapporteur, as a
follow-up to the recommendations he had addressed to the Government after his
visit to the country in 1995, requested the Government to provide information
on the following matters:
(a)
The follow-up given to the report by the Constitutional,
Legislative and Judicial Committee of the Chamber of Deputies, which proposed
eliminating the “arrest on suspicion” provision from the current Code of
Criminal Procedure;
(b)
The follow-up to the bill, shown to the Special Rapporteur during
the course of his visit, reforming the Code of Criminal Procedure and the
Penal Code with regard to detention and introducing rules to strengthen the
protection of civic rights;
(c)
The situation concerning the draft Code of Criminal Procedure and
of the Organization Act relating to the Prosecution Service;
(d)
The follow-up to the bill submitted by the Government to the
Chamber of Deputies in 1996 in order specifically to characterize torture as
an offence;
(e)
Whether or not in the years 1996 to 1997 officers of the forces of
law and order had been punished for offences relating to violation of the
right to physical integrity of detained persons, and if so, details of these
cases.
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