being subjected to torture;
(h) Clarify, through legislation, the status of the Convention in domestic law to ensure that the provisions of the
Convention can be applied, or adopt specific legislation incorporating the provisions of the Convention;
(i) Develop training programmes on the provisions of the Convention for judges and prosecutors as well as other law
enforcement officials, including programmes on the prohibition of torture and cruel, inhuman or degrading treatment, for
military officials, police, and other law enforcement personnel and others who may be involved in the custody,
interrogation or treatment of persons at risk of torture; ensure that training programmes for medical specialists
specifically deal with the identification and documentation of torture;
(j) Improve conditions in places of deprivation of liberty to meet international standards and take urgent measures to
address overcrowding in prisons and other places of detention; introduce a system for monitoring the conditions of
detention, the treatment of inmates and prisoner-on-prisoner and sexual violence in prisons;
(k) Extend the term and mandate of the National Commission on Political Imprisonment and Torture to enable victims of
all forms of torture, including victims of sexual violence, to file complaints. To this end:
Initiate measures to better publicize the work of the Commission, utilizing all media, and clarifying the definition of
torture by including a non-exhaustive list specifying various forms of torture, including sexual violence, on the forms
victims must complete;
Ensure that victims will be afforded privacy when registering with the Commission, and that persons in rural areas or
otherwise unable to file in person can register;
Include in the final report of the Commission data disaggregated by gender, age, type of torture, etc.;
Consider extending the Commission’s mandate to permit investigations and, where warranted, the initiation of criminal
proceedings against those allegedly responsible for the actions reported;
(l) Create a system to provide adequate and fair reparation to victims of torture, including rehabilitative measures and
compensation;
(m) Eliminate the practice of extracting confessions for prosecution purposes from women seeking emergency medical
care as a result of illegal abortion; investigate and review convictions where statements obtained by coercion in such
cases have been admitted into evidence, and take remedial measures including nullifying convictions which are not in
conformity with the Convention. In accordance with World Health Organization guidelines, the State party should ensure
immediate and unconditional treatment of persons seeking emergency medical care;
(n) Ensure that the application of the new Code of Criminal Procedure is promptly extended to the Metropolitan Region
so that it can be fully operational throughout the country;
(o) Introduce, as part of the reform of the criminal justice system, safeguards to protect persons experiencing possible
retraumatization in connection with prosecution of cases such as child abuse, sexual abuse, etc.;
(p) Provide updated information to the Committee on the status of investigations into past crimes involving torture,
including the cases known as the “Caravan of Death”, “Operación Cóndor” and “Colonia Dignidad”;
(q) Provide detailed statistical data, disaggregated by age, gender and geographical location, on complaints related to
torture and ill-treatment, allegedly committed by law enforcement officials, as well as the related investigations,
prosecutions, and sentences.
58. The Committee requests that the State party provide, within one year, information on its response to the
Committee’s recommendations contained in paragraph 57, subparagraphs (k), (m) and (q) above.
59. Considering that Chile has provided information concerning the implementation of the Convention during the period
covered by the third and fourth periodic reports, the Committee recommends that the State party submit its fifth periodic
report by 29 October 2005.
COLOMBIA*
60.The Committee considered the third periodic report of Colombia (CAT/C/39/Add.4) at its 575th and 578th meetings, held on 11
and 12 November 2003 (CAT/C/SR.575 and 578), and adopted the following conclusions and recommendations.
A. Introduction
61.The Committee welcomes the third periodic report of Colombia, but regrets that it was submitted on 17 January 2002, five years
late. It notes that the report contains little information on the practical application of the Convention over the reporting period. The
Committee is, however, grateful for the exhaustive oral replies that the State party’s delegation gave to most of its members’
questions and for the statistics provided during the consideration of the report.
B. Positive aspects