E/CN.4/1996/35/Add.2 page 24 9/ Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990. 10/ In accordance with this paragraph "In the determination of any criminal charges against him, everyone shall be entitled ... in full equality: to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing". 11/ HRI/GEN/1/Rev.1, p. 16. 12/ According to a study carried out by the Andean Commission of Jurists, "court practice has developed a set of formalities in connection with amparo proceedings which run counter to internationally established standards regarding effective remedy. As under the military regime, in general once he has received an application, the judge sends a written request to the authority responsible for the detention to explain the grounds for the arrest or, if appropriate, to bring the detainee before him. This attitude on the part of the courts is particularly serious if we bear in mind that even since 1990 there have been reports of cases of torture and ill-treatment occurring on police premises, which were not in fact properly looked into by the judicial authorities" (Chile: Sistema Judicial y Derechos Humanos, 1995, p. 50). 13/ In the view of Cristián Riego, "it may be plausibly argued that the scant judicial control over the gathering of evidence by the police is largely attributable to the judges’ appreciation of the problems our inquisitorial system poses for the proper investigation of offences; these difficulties would make it virtually impossible to obtain evidence if tighter control were exercised over the police, who, it has to be admitted, are virtually the sole source of evidence during the investigation phase" (El proceso penal chileno y los derechos humanos. Aspectos jurídicos, Cuaderno de análisis jurídico, Escuela de Derecho de la Universidad Diego Portales, p. 68. See, also, Maria Angélica Jimenez, op. cit. p. 29). 14/ Ibid, p., 81. 15/ "Las garantías de la detención en Chile", loc. cit., pp. 228-229. 16/ Ibid. pp. 216-221. 17/ CAT/C/20/Add.3, para. 37. 18/ The length of the periods of medium-term rigorous or ordinary imprisonment ranges from a minimum of 61 days to a maximum of five years. Suspension from duty and public office may range from 61 days to three years. 19/ In accordance with this definition "the term ’torture’ means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on