C. Subjects of concern 58. The Committee notes with concern the existence of a considerable number of complaints of torture and ill treatment at the hands of various law enforcement services, especially the Carabineros and the Investigatory Police, which have not met with an effective response, with the authors of these acts being duly brought to trial. 59. The Committee also considers that some aspects of the legislation in force, such as the rules of the criminal prosecution system and the subjection of civilians to military jurisdiction, are not helpful as far as the prevention of torture is concerned. D. Recommendations 60. In a spirit of collaboration, the Committee suggests the adoption of the following measures: (a) An in-depth review of procedure, especially as regards police powers of detention and the right of the detainee to free access to and communication with family members and legal advisers and a physician whom he trusts; (b) The advisability of explicitly abolishing those rules, such as automatic obedience, which are not compatible with the Convention; (c) Making the security forces subordinate to the civil authorities responsible for public safety and the abandonment of all vestiges of the legislation enacted by the military dictatorship; (d) The advisability of making special provision for the offence of torture, as described in article 1 of the Convention, and making it punishable by a penalty appropriate to its seriousness; (e) The possibility of withdrawing the existing reservation to the Convention and making declarations to the effect that the State party recognizes the competence of the Committee in the circumstances described in articles 21 and 22 of the Convention. 61. The Committee again expresses its appreciation to the Government of Chile for its readiness to engage in dialogue and in the search for solutions and is grateful for the supply of the legislation which has been enacted and that which will be enacted in the future. Peru 62. The Committee considered the initial report of Peru (CAT/C/7/Add.16), which should have been submitted in 1989, at its 193rd and 194th meetings, held on 9 November 1994 (CAT/C/SR.193 and 194 and Add.2), and adopted the following conclusions and recommendations. A. Introduction 63. The Committee appreciates the presence of a highly qualified delegation, as well as the clarifications and explanations supplied in both the written and oral reports. -11-

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