E/CN.4/1996/35/Add.2
page 6
14.
According to a recent study of the Chilean criminal and judicial system
based on empirical data prepared by Diego Portales University,
ill-treatment of detainees by the police in the interval between arrest and
appearance before a judge or release is fairly customary. According to
statistics based on interviews with prisoners, 22 per cent said they had
received good treatment, while 71 per cent said they had received poor
treatment and 7 per cent irregular treatment. Among the poorly treated
prisoners, 74 per cent said they had received blows of various
kinds, 49 per cent said they had had electric shocks applied to various
parts of their bodies; 20 per cent said they had been undressed; 6 per cent
had been hung by their hands and feet and 5 per cent said plastic bags had
been placed over their heads. 2/
15.
Forensic Medicine Department authorities told the Special Rapporteur
that, although they did not believe torture was practised systematically, they
did encounter a small percentage of injuries resulting from torture. 3/
16.
The Committee for the Defence of the People’s Rights (CODEPU), for its
part prepared a report based on the complaints received by a legal team
between March 1994 and August 1995, stating that it had received
51 complaints, which may be broken down as follows: 1 of torture resulting in
death; 21 of torture resulting in serious injuries; 25 of torture resulting in
light injuries and 4 of cruel and inhuman treatment. The Police Department
was allegedly involved in 11 of the cases, Carabineros officials in 38 and
other agencies in 2. Most of the victims were young men arrested for either
alleged or accessory offences. 4/ CODEPU also received 140 complaints
between 1990 and 1994, 100 of which led to judicial proceedings and 40 to
administrative charges.
17.
Both CODEPU and other non-governmental organizations agreed that the most
frequent cases of torture tended to occur in the hours following the arrest,
by Carabineros or Police Department officials, with fewer cases recently
involving the latter. The most common objective of the torture appears to be
extracting a self-incriminating statement from the detainee. The most
frequently used methods are beating, by kicking, punching or hitting with
blunt objects, such as a police truncheon; applying electric shocks to
sensitive areas of the body and obstructing normal breathing, for example by
placing a plastic bag over the head. The Special Rapporteur also learned of
cases of sexual abuse against women and other cases in which the individual
was reportedly hung by the hands and feet from a pole and beaten while in that
position.
18.
One type of treatment that appears to be fairly frequent consists of
keeping detainees handcuffed and blindfolded for long periods, even as long as
several days running, as well as depriving them of sleep. The Special
Rapporteur received statements describing detentions, some recent, in which
such methods had been used virtually exclusively.
19.
The practice of blindfolding detainees, together with the fact that only
high-level police officials wear identification badges, makes it difficult for
detainees to identify those responsible for abuses. It was also pointed out
that there is no requirement under the law for the name of the officers making
the arrest and conducting the interrogation to be recorded. The Special