E/CN.4/1996/35/Add.2
page 19
B.
Criminal legislation
66.
The Constitution, in its article 19.1, prohibits the use of any unlawful
coercion ("apremio ilegítimo"). Article 150 of the Penal Code provides that
anyone who unduly orders or prolongs incommunicado detention of a detainee,
who inflicts ill-treatment or uses undue severity shall be sentenced to one of
the degrees of medium-term rigorous or ordinary imprisonment and to suspension
from duty. 18/ If the use of ill-treatment or undue severity causes injury
or death, the person responsible shall receive the maximum penalty for the
offence.
67.
Article 255 stipulates that any public employee who, in the performance
of his duties, unfairly ill-treats a person or uses unlawful or unnecessary
coercion to perform his duties, shall be sentenced to one of the various
degrees of suspension from duty and to a fine of between 11 and 20 minimum
wages.
68.
The Code of Military Justice, which applies to Carabineros, also lays
down a range of penalties, the severity of which depends on the injury caused,
for "military personnel who in carrying out an order from a superior officer
or in the exercise of their military duties, use or order the use of
unnecessary violence, without reasonable grounds, to perform the acts
required. ... If the violence is used against detainees or prisoners in order
to obtain facts, information, documents or other evidence relating to an
investigation into an offence, the penalties shall be increased by one step".
69.
The Ministries of Justice and of the Interior informed the Special
Rapporteur that the Government intends shortly to submit to Congress a reform
bill for article 150 of the Penal Code. Under the bill, the penalties
currently laid down shall apply to "anyone who tortures or has a person
tortured". Simultaneously, the bill includes the definition of torture
contained in article 1 of the Convention against Torture, 19/ in place of
the excessively vague offences relating to the use of ill-treatment and
coercion provided for by current legislation. A recommendation in this
respect was made by the Committee against Torture when it considered Chile’s
periodic report in November 1994. 20/
IV.
CONCLUSIONS
70.
The Special Rapporteur appreciated the rapid positive response of the
Government of Chile to his request to visit the country. This was evidence,
in his opinion, of the readiness of the Government to cooperate with the
international community in human rights matters. That cooperation was, in
turn, a reflection of the Government’s acknowledgement of the role played by
the international community in focusing on the grave and systematic human
rights violations that had taken place during the period of the military
dictatorship.
71.
A profound difference from that period was the real commitment of the
civilian Governments to human rights and, in particular, to the need to
eliminate the perpetration of torture or cruel, inhuman or degrading treatment
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents