E/CN.4/1996/35/Add.2
page 23
institutions, established by the Commission on Human Rights in its
resolution 1992/54 of 3 March 1992 and approved by the
General Assembly. 21/
(u) All allegations of torture committed since September 1973 should be
the subject of a thoroughgoing public inquiry, similar to that carried out by
the National Commission for Truth and Reconciliation in respect of forced
disappearances and extra-legal executions. In cases where the evidence
justifies it - and, given the period of time that has elapsed since the worst
practices of the military government took place, this would admittedly be
rare - those responsible should be brought to justice, except where
proceedings are barred by the statute of limitations (prescripción).
77.
Chile possesses excellent specialists in international human rights law.
The Government should identify suitable channels to enable them to contribute
in the best possible way to constantly adapting Chile’s domestic law and its
administrative and judicial practice to the requirements of the international
human rights norms by which Chile is bound. To this end, the Government
should more decisively sponsor institutional campaigns to disseminate and
promote human rights throughout Chile. Where the prevention of torture is
concerned, efforts to retrain the officials concerned (judges, lawyers,
doctors, police) should be intensified. The advisory services of the Centre
for Human Rights could contribute to this effort.
Notes
1/
Report of the Committee against Torture, A/50/44, paras. 52-61.
2/ María Angelica Jimenez, El Proceso Penal Chileno y los Derechos
Humanos, Vol. II, Estudios Empíricos. Cuaderno de análisis jurídico, 1994,
Law Faculty, Diego Portales University, pp. 193-206.
3/ The Forensic Medicine Department acts only in cases where the judge so
requests. See below, para. 45.
4/ CODEPU, "Los derechos humanos y la administración Frei",
March 1994-August 1995, p. 14.
5/ Adopted by the General Assembly in resolution 43/173 of
9 December 1988.
6/ As a result of the internal investigation conducted by the Police
Department, several of the latter’s officials were dismissed from the force.
Criminal proceedings are still in progress, and the Supreme Court appointed an
inspecting magistrate in August 1993. In March 1994 Tania María Cordeiro was
unconditionally released by a Supreme Court decision.
7/ "Las garantías de la detención en Chile", in Proceso Penal y Derechos
Fundamentales, Colección Estudios, No. 1, p. 205.
8/ This may comprise deprivation of contacts both outside and within the
institution (solitary confinement).
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