(c)That the definition of torture in the Criminal Code does not comply fully with article 1 of the Convention, and that it does not fully incorporate the purposes of torture and the acquiescence of public officials; (d)The continued subordination of the carabineros and the civil police forces to the Ministry of Defence, one result of which is that the competence of the military jurisdiction remains excessively broad; (e)Reports that some officials accused of torture-related crimes during the dictatorship have been appointed to high office; (f)The absence of internal legal provisions that expressly prohibit extradition, return, or expulsion when there are grounds for believing the person may be subjected to torture in the requesting country, and the absence of internal provisions regulating the implementation of articles 5, 6, 7, and 8 of the Convention; (g)The limited mandate of the National Commission on Political Imprisonment and Torture aimed at identifying victims of torture during the military regime and the conditions for obtaining reparation. In particular, the Committee notes with concern: The short time period in which alleged victims can register with the National Commission, resulting in fewer persons registering than anticipated; The lack of clarity as to which acts the Commission defines as torture; The reported rejection of claims not filed in person, notwithstanding, e.g., the disability of the person(s) involved; The failure to permit persons to register who may have received reparation for other human rights violations (disappearance, exile, etc.); That “austere and symbolic” reparation is not the same as “adequate and fair” reparation as set forth in article 14 of the Convention; That the Commission does not have the competence to investigate allegations of torture in order to identify those persons responsible, so that they may be prosecuted; (h)Severe overcrowding and other inadequate conditions in places of detention and reports of failure to conduct systematic inspections of such places; (i)The continued provision, in articles 334 and 335 of the Code of Military Justice, of the principle of due obedience, notwithstanding provisions affirming a subordinate’s right to protest against orders that might involve committing a prohibited act; (j)Reports that life-saving medical care for women suffering complications after illegal abortions is administered only on condition that they provide information on those performing such abortions. Such confessions are reportedly used subsequently in legal proceedings against the women and against third parties, in contravention of the provisions of the Convention; (k)That the introduction of the new Code of Criminal Procedure in the Metropolitan Region has been delayed until late 2005; (l)That few cases of disappearances have been clarified by the military, despite the Government’s efforts to establish a dialogue; (m)The absence of disaggregated data on complaints, the results of investigations, or prosecutions related to the provisions of the Convention; (n)The insufficient information on the application of the Convention to action by the armed forces. E. Recommendations 57. The Committee recommends that the State party should: (a) Adopt a definition of torture in conformity with article 1 of the Convention, and ensure that it covers all forms of torture; (b) Reform the Constitution to ensure the full protection of human rights, including the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment in conformity with the Convention, and to this end abolish the Amnesty Law; (c) Transfer responsibility for the carabineros and the civil police forces from the Ministry of Defence to the Ministry of the Interior and ensure that the jurisdiction of military courts is limited to crimes of a military nature; (d) Eliminate the principle of due obedience, which may permit a plea of superior orders, from the Code of Military Justice to bring it into conformity with article 2, paragraph 3, of the Convention; (e) Adopt all the necessary measures to ensure impartial, full and prompt investigations into all allegations of torture and other cruel, inhuman or degrading treatment, the prosecution and punishment of the perpetrators, and the provision of fair and adequate compensation for the victims, in conformity with the Convention; (f) Consider eliminating or extending the current 10-year statute of limitations for the crime of torture, taking into account its seriousness; (g) Adopt specific legislation to prohibit extradition, return, or expulsion to countries where a person may be in danger of