E/CN.4/2001/66
page 56
232. The Special Rapporteur had a meeting with the Minister of State for Foreign Affairs
during the fifty-sixth session of the Commission at which the Minister confirmed what the
Permanent Representative of Cameroon had said to the Commission, namely that the
Government would take measures by way of follow-up to the recommendations contained in the
report on the Special Rapporteur’s visit (E/CN.4/2000/9/Add.2, para. 78). The Special
Rapporteur notes that the Committee against Torture, reviewing in November 2000 the report of
Cameroon under the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, shared the Special Rapporteur’s concerns about the widespread nature
of the practice of torture and made numerous recommendations consistent with those made by
the Special Rapporteur in the report on his visit. Accordingly, he concludes that no measures of
implementation of these recommendations had been undertaken as of late November 2000. The
Special Rapporteur considers that, until the recommendations are given effect to, there is no
realistic prospect of achieving any substantial improvement in the grave incidence of torture
prevalent in Cameroon.
Chad
233. By letter dated 8 November 2000, the Special Rapporteur reminded the Government of a
number of cases transmitted in 1997 and 1999 regarding which no reply had been received.
Chile
234. Con fecha 10 de octubre de 2000, el Relator Especial notificó al Gobierno que había
recibido información según la cual la lonko (jefa local) mapuche, Juana Calfunao Paillalef,
habría presentado una querella criminal contra Carabineros. El 12 de mayo de 2000, en la
Terminal de Buses Rurales de Temuco, habría sido detenida y conducida a la Segunda
Comisaría de Carabineros de Temuco, donde habría sido brutalmente golpeada, amenazada e
insultada racialmente. Según la fuente, Juana Calfunao Paillalef y su familia habrían sufrido
continuas acciones intimidatorias y de amedrentamiento por parte de la policía y de la Brigada
Especial de Inteligencia que operarían en el territorio ancestral de los mapuches.
Observations
235. The Special Rapporteur is pleased to have the opportunity to comment on the information
supplied by the Government in previous years (E/CN.4/2000/9/Add.1, paras. 2-19) in relation to
follow-up to the recommendations contained in the report on his 1995 visit to Chile
(E/CN.4/1996/35/Add.2). He welcomes changes made in the Code of Criminal Procedure and
Penal Code, which are consistent with several of his recommendations. He also notes positive
developments in the case law of the Supreme Court making breaches in the general pattern of
impunity for criminal violations of human rights during the period of the military government,
together with information on some criminal investigations and prosecutions that had been
initiated. Finally, he appreciates statistics in respect of disciplinary proceedings taken against
officers of the police and Gendarmerie, as well as more limited information that the Director of
Carabineros was able to supply. He remains of the view that the continued applicability, at least
in the first instance, of the military justice system to criminal acts committed by carabineros is
unjustifiable, an impediment to speedy justice and redress for human rights violations such as
torture and an anachronism incompatible with democratic norms and full respect for the rule of
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