International Committee of the Red Cross in his country, which indicated that
this body 110 longer viewed the situation in Chile with the same degree of
concern.
240. The members of the Committee welcomed the report and the additional
information provided by the representative of Chile in his introduction, in
particular with regard to the withdrawal by the Government of the reservations
to the Convention. The report provided an unusual and detailed ~nalywis of
the systematic use of torture under the former regime and gave evidence of
radical changes in the Chilean legal framework. However, in the view of
members of the Committee it was necessary to provide more detailed inf()~ation
with rer:ard to the implementation of individual articles of the Convention as
well as on the actual structure ~f the o~ganization of the police, the
~1(lbinerQs Ind the military, including their relation to the civil
Government, and to iudicate whether any reforms were envisaged in this
respect. Members of the Committee inquired whether the Convention had been
incorporated into domestic law. They also wished to know whether an official
State body ~ad been charged with the coordination of the struggle against
torture and whether measures had been taken to encourage the population to
denounce acts of torture. In particular, it was asked whether the Chilean
population had been made aware of the existence of the Committee against
Torture and whether the population had been informed of the inaccura~y of the
report submitted by the former Government.
241. In connection with article 1 of the Convention, members of the Committee
wished to know whether the definition ot torture given in that article had
been incorporated into Chilean law.
242. With reference to article 2 of the Convention, members of the Committee
sought information on measures taken to prevent and punish acts of torture,
rspecially with regard to the participation of doctors and acts of violence
committed by carabin,ros. They wished to know what provisions applied to
detention in a state of emergency and whether any new provisions had been
adopted to give effe~t to paragraph 3 of this article relating to orders from
a superior. It was a!80 asked whether the remedy of habeas corpus was
available under the current constitutional system.
243. With regard to article 3 of the Convontion, members of the Committee
asked what the position was oC the Chilean Government with regard to the
issues of expUlsion and non-refoulement.
244. Referring to article 4 of the Convention, members of the Committee asked
whether torture as such was considered as a punishable offence. In
particular, they wished to know whether ill-treatment would be regarded as
torture resulting in injury if psychological sequelae could be proven without
any trace of physical torture. They also wished to know whether any measures
of amnesty were envisaged and, :f so, whether they would apply to both civil
and penal claims. Information was reQUvsted on whether officials responsible
for torture at the highest level oC authority in the dictatorial regime,
inclUding judges of the Supreme Cuurt, were being prosecuted. It. was also
asked what measures had been taken to prosecuto those having taken part in
acts uf torture, especially with regard to doctors and carobinetQB.
-45-
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