E/CN.4/1996/35/Add.2
page 11
arrest." The bill also provides for the redrafting of article 270 to require
the report on the arrest or transfer to the police station clearly to indicate
that the detainee was informed of his rights.
38.
Carabinero officials told the Special Rapporteur that they agreed that
arrest on suspicion should be limited to cases in which there were genuine
grounds for suspicion, and said that the person arrested should immediately be
brought before a judge. They also said that although the legislation had not
changed in that respect, Carabineros had issued internal instructions to limit
the number of such arrests. As a result, their number had fallen from 190,000
in 1992 to approximately 15,000 in the first seven months of 1995.
C.
The attitude of the police authorities towards torture
39.
As already mentioned, the civilian Governments have condemned torture
and introduced a number of measures to combat it. One feature has been the
initiation of a purge and a change of attitude in the police forces. The
views heard by the Special Rapporteur suggest that the changes are proving
fairly successful in the Police Department, which is under the authority of
the Ministry of the Interior. Officials involved in cases of torture during
the period of military government were dismissed as part of the new attitude,
whereby the Department no longer considers itself to be subject to political
authority, recovering instead its independent judgement in conformity with the
rule of law; at the same time a more conscientious approach than in the past
is taken towards investigating and punishing misconduct.
40.
The Police Department authorities told the Special Rapporteur that they
were trying to move towards a scientific and technical police force, whose
prime objective is to seek the truth, thereby minimizing the importance of
obtaining confessions and avoiding the use of violence for the sake of greater
efficiency. In this context, officer training is extremely important, and
currently includes a course specifically on human rights, which is taught by
Department staff as well as by lawyers and teachers from outside.
41.
A major step has been to establish an internal affairs unit to undertake
disciplinary investigations into any complaints of abuses allegedly
perpetrated by Police Department officials. The investigation may be
initiated by the unit on its own authority or at the request of a party. If
evidence of a fault is found, administrative proceedings are instituted, the
unit itself ensuring that the proceedings are properly conducted. The unit
also cooperates with the law courts in investigating past human rights
violations, as well as cases involving members of the Carabineros.
Non-governmental sources told the Special Rapporteur that the establishment
of this unit had been a constructive step forward and confirmed that the
administrative channel operated better than in the past.
42.
The Special Rapporteur also held discussions with officials of the
Carabineros, a military body which is under the authority of the Ministry
of Defence. The officials said that good treatment was a constant concern
of the institution, and that cases of abuse were exceptional. The Code of
Professional Ethics, and a number of disciplinary instructions made it
mandatory for any affront to human dignity to be reported by the head of the
unit concerned. According to the same source, an internal administrative
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