CAT/OP/CHL/1/Add.1 29. Another important development relating to the Subcommittee’s recommendation in this area is the amendment, under Act No. 20968, to the second paragraph of article 19 of Decree-Law No. 2460, the Organic Act on the Investigative Police, establishing that the new legislation also applies to police officers. This amendment solves the problems of interpretation and legal uncertainty arising from comparison between this legislation and similar provisions in general criminal legislation; it also prevents fragmentation of the law and sets the Investigative Police on the same footing as other public officials. 30. Lastly, the changes go beyond the Subcommittee’s recommendation by restricting the jurisdiction of military courts to cases that concern the military. Under Act No. 20968, the first paragraph of article 1 of Act No. 20477, modifying the jurisdiction of military courts, has been amended to include the phrase “whether victims or defendants”, thus preventing military courts from hearing any cases that involve civilians or minors, whatever their role in the proceedings. Such cases will therefore always fall within the jurisdiction of ordinary criminal courts. This change marks a huge step forward in the reform of the military justice system in Chile. The Government is working towards implementing the other changes that are needed in this area. 2.1.3 Court for the execution of sentences 31. Paragraph 38: The Subcommittee recommends that the State party establish a system in which responsibility for monitoring and overseeing the execution of prison sentences is assigned to a specialized judicial body. 32. Although there is no court for the execution of sentences in Chile, articles 567 et seq. of the Courts Organization Code provide that the judge responsible for procedural safeguards may visit the prison or establishment where detainees or prisoners are being held in order to determine whether they are being subjected to improper treatment and whether their right to defence is being restricted or their cases are being unlawfully prolonged. Article 569 further provides that all detainees and inmates who have been remanded by the court and those whose detention has not yet been notified to the court must be present during the visit if they so request. 33. The rules laid down by the Courts Organization Code and some provisions of the Code of Criminal Procedure 19 have been criticized by national and international human rights organizations and prison expert bodies.20 2.1.4 Legal framework for the prison system 34. Paragraph 40: The Subcommittee recommends that the State party adopt a comprehensive legal framework for the prison system that is in conformity with international standards, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), to govern regulate the use of force and the disciplinary sanctions applied by prison officers. This regulatory framework should also provide for the possibility of prison sentence reductions and parole. 35. Paragraph 42: The Subcommittee recommends that, as part of the reform of prison legislation, systems of privileges, including parole, be brought into line with rule 95 of the Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) on 19 20 GE.17-07762 In particular, article 466 of the Code of Criminal Procedure, concerning participants in hearings, provides that during the execution of the sentence or the security measure, the only persons entitled to be heard by the competent due process judge shall be the public prosecutor, the defendant, his or her defence counsel and the officer responsible for overseeing the execution of a non-custodial penalty of community service, probation or intensive probation, as appropriate. Including the Rapporteurship on the Rights of Persons Deprived of Liberty of the Inter-American Commission on Human Rights after a visit to Chile in 2008, the National Human Rights Institute (2010 and 2011 annual reports on the human rights situation in Chile) and the Prison Reform Council (2010). 9

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