258. In connection with article 11 of the report, the representative elaborated on measures taken to limit the use of solitary confinement. Solitary confinement was permissible only as an additional punishment for a recidivist and as a procedural measure to prevent the detainee from contacting criminal accomplices. Solitary confinement was limited to 15 days but could be extended. Detainees had the right to a daily visit from their lawyer and to regular examinations by a physician. No further legislation had been passed on the matter. A group of experts with extensive knowledge of the work of the United Nations in that field was currently engaged in the preparation of a new prison code. 259. In respect of articles 12 and 13 of the Convention, the representative said that the courts were currently investigating over 35 complaints of torture under the military dictatorship but that no verdict had been reached in any of them. 260. Turning to the question of compensation for the victims of torture covered by article 14 of the Convention, the representative drew the attention of members of the Committee to provisions of a permanent nature according to which torturers were considered to bear a civil responsibility for their actions if they had been convicted of torture in a criminal court. In some cases, the State was deemed to bear civil responsibility for the criminal acts of its agents. A bill was currently before Congress with the aim of providing compensation for the victims of torture, disappearance or summary execution, or for thei~ relatives. 261. With reference to article 15 of the Convention, the representative stated that confessions elicited under torture were not considered valid, although the onus was on the accused to prove that torture had been applied. In general, a confession would have value as evidence if other evidence confirmed participation in the offence. In retrials in civil courts of cases heard originally in military courts the judge was specifically required to evaluate the confession of participation in an offence and a subsequent retraction in order to determine whether the confession had been obtained under duress. Concluding observations 262. In concluding the consideration of the report, members of the Committee commended the Government of Chile for its efforts to comply with the Convention and wished it success in overcoming the obstacles that it confronted in restoring full democracy in the country. Members of the Committee noted, in this connection, that not all State organs had made equal progress. With regard to legislative measures, it was suggested that a separate crime of torture providing for appropriate penalties should be established in the Chilean Penal Code. Furthermore, it was stressed that the concepts of civil and criminal liability were very different; in the absence of a criminal conviction, the State might still be held liable to compensate a victim of torture for the acts committed. Members of the Committee also said that in accordance with artiCle 6 of the Convention, a person accused of an act of torture abroad should be detained in order to give other States time to submit a request for extradition. In conClusion, members of thE- Committee expressed the hope that the second periodic report to be submitted by the Government of Chile would reflect the practical progress achieved in the area of legal and organizational reform. -48- J.