E/CN.4/1996/35/Add.2
page 22
(k) The burden of proving that a person was subjected to torture should
not fall wholly on the alleged victim. The officials involved or their
superiors should also be obliged to provide evidence to the contrary.
(l) Judges should make full use of the possibilities provided for in the
law regarding the proceedings of habeas corpus (procedimiento de amparo).
They should, in particular, seek access to the detainee and verify his/her
physical condition. Negligence on their part on this issue should be the
subject of disciplinary sanctions.
(m) The provisions regarding arrest on suspicion (detención por
sospecha) should be amended in order to ensure that such arrest only takes
place in strictly controlled circumstances and in accordance with national and
international standards guaranteeing the right to personal freedom. Those
arrested on suspicion should be segregated from other detainees and given the
possibility of communicating immediately with relatives and lawyer.
(n) Close attention should be given to the recommendation of the
Committee against Torture on 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. Periods of
prescription should also reflect the gravity of the crime.
(o) Measures should be taken in order to recognize the competence of the
Committee in the circumstances described in articles 21 and 22 of the
Convention.
(p) Measures should be taken in order to ensure that victims of torture
obtain adequate compensation.
(q) The Programme of Compensation and Full Health Care for Victims of
Human Rights Violations (PRAIS) should be reinforced so that it can assist
victims of torture that occurred under either the military or the civilian
Governments in all aspects of their rehabilitation, including their
professional rehabilitation.
(r) National non-governmental organizations also play, and have played
in the past, an important role in the rehabilitation of torture victims.
Whenever they require it, they should receive official support to carry out
their activities in this respect. At the same time, the Government is urged
to consider increasing its contribution to the United Nations Voluntary Fund
for Victims of Torture which, over the years, has financed the programmes of
several NGOs in Chile.
(s) Serious consideration should be given, as a matter of priority, by
the Government and Congress to proposals, some of them at present before the
Congress, aimed at reforming the Code of Penal Procedure. In particular, a
prosecution service (Ministerio Público) independent of the Government should
be responsible for preparing cases for eventual adjudication. There should be
equality of arms between the Ministerio Público and the defence.
(t) The Government should consider sending to the Congress proposals for
the establishment of a national institution for the promotion and protection
of human rights. When a bill in this regard is being drafted, consideration
should be given to the principles relating to the status of national
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