50. The Committee requests the State party to provide, within one year, information on its response to the Committee’s recommendations contained in paragraph 45 (b) and (c), 46 (c) and (d) and 47 (a) above. It wishes in particular to be given information about any prosecutions of traditional chiefs, on what charges, and the sentences handed down. It also looks forward to a detailed account of the situation at Douala central prison. CHILE* 51.The Committee considered the third periodic report of Chile (CAT/C/39/Add.5 and Corr.1) at its 602nd and 605th meetings, held on 10 and 11 May 2004 (CAT/C/SR.602 and 605), and adopted the following conclusions and recommendations. A. Introduction 52.The Committee welcomes the third periodic report of Chile, due in 1997, which was prepared in accordance with the Committee’s guidelines, but regrets the lateness in submission of the report. 53.The Committee welcomes the supplementary information provided by the State party and the extensive and constructive written and oral replies to the questions posed by the Committee both prior to and during the session. The Committee also appreciates the large and highly qualified delegation of representatives that was present for the consideration of the report, and the full and in-depth discussion of the obligations under the Convention that their presence facilitated. B. Positive aspects 54.The Committee notes the following positive developments: (a)The introduction of the offence of torture in domestic criminal law; (b)The comprehensive reform of the Code of Criminal Procedure, and in particular the changes aimed at improving the protection of detainees; (c)The establishment of the Office of the Public Criminal Defender, and of the Office of the Public Prosecutor; (d)The abolition of provision for arrest on suspicion; (e)The reduction in the period of detention in police custody to a maximum of 24 hours; (f)Assurances by the representatives of the State party that the Convention is directly applicable by the courts; (g)The establishment of the National Commission on Political Imprisonment and Torture to identify persons who were deprived of freedom and tortured for political reasons during the military dictatorship, and the assurances by the representative of the State party that its tenure would be extended to permit it to complete its work; (h)Assurances by the representatives of the State party that mechanisms have been created to ensure that any testimony obtained under torture will not be admissible in court, and their recognition of the serious problem of coercing confessions from women who seek life saving treatment in public hospitals after illegal abortions; (i)Confirmation that non-governmental organizations are allowed regularly to visit places of detention; (j)The declarations under articles 21 and 22 of the Convention, enabling other States parties (art. 21) and individuals (art. 22) to submit complaints concerning the State party to the Committee; (k)Notification by the representatives of the State party that the process of ratification of the Optional Protocol to the Convention against Torture has been initiated. C. Factors and difficulties impeding the application of the Convention 55.The constitutional arrangements made as part of the political agreement that facilitated the transition from military dictatorship to democracy jeopardize the full exercise of certain fundamental human rights, according to the State party’s report. While being aware of the political dimensions of these arrangements and their shortcomings, and noting that several Governments have previously submitted constitutional amendments to the Congress, the Committee stresses that internal political constraints cannot serve as a justification for non compliance by the State party with its obligations under the Convention. D. Subjects of concern 56.The Committee expresses concern about the following: (a)Allegations of continued ill-treatment of persons, in some cases amounting to torture, by carabineros (uniformed police), policía de investigaciones (civil police forces) and the gendarmería (prison guards), and reports of failure to conduct thorough and independent investigations into such complaints; (b)The fact that certain constitutional provisions jeopardizing the full exercise of fundamental human rights remain in force, including, in particular, the Amnesty Law, which prohibits prosecution of human rights violations committed from 11 September 1973 to 10 March 1978 and which entrenches the impunity of those responsible for torture, disappearances and other serious human rights violations during the military dictatorship and the lack of reparation for the victims of torture;