The State party should take the necessary steps to expedite passage of the bill to create a national
human rights institute. The Committee also recommends to the State party that this body be
established in accordance with the Principles relating to the status of national institutions for the
promotion and protection of human rights (Paris Principles), which are annexed to General Assembly
resolution 48/134, in order to ensure its autonomy, independence, pluralistic nature, stability,
competence and representative character.
Purview and actions of the Commission on Political Prisoners and Torture
(17) The Committee notes and welcomes the State party’s efforts regarding recognition of the State’s
responsibility for the crimes of torture which occurred during the dictatorship. The Committee values the work of
the National Commission on Political Prisoners and Torture (Valech Commission), but feels that its initial objective
has not been fully attained. In this connection, the Committee is pleased that the bill to create a national human
rights institute provides for recommencement of the work done to classify cases involving victims of torture and
political prisoners (art. 13).
The Committee urges the State party to reopen the Commission on Political Prisoners and Torture or
to promptly set up another body to take up the Commission’s mandate. In order to fulfil the
requirement that victims of torture during the dictatorship receive compensation, the Committee
recommends that:
(a)
Effective action is taken to publicize the mandate and work of the Commission or the
body to be created for the same purpose so that everybody who was a victim of torture during the
dictatorship will be aware of its existence, particularly those who are in remote or underprivileged
areas or are not in the country. The Committee urges the State party to make use, inter alia, of the
media and consular offices in countries where former Chilean exiles reside in order to accomplish this;
(b)
Sufficiently ample deadlines are set so that all people who believe they have been victims
of torture can present their cases;
(c)
All cases corresponding to the definition of torture set forth in article 1 of the Convention
are included;
(d)
The determining criteria are reconsidered, especially with regard to all victims who were
tortured when they were minors or while outside national territory or who reside outside the State
party;
(e)
Sexual violence is included as a form of torture.
Programme of Compensation and Comprehensive Health Care
(18) The Committee takes note of the fact that, in the State party, torture victims have access to the Programme of
Compensation and Comprehensive Health Care (PRAIS) system and is pleased that this programme has been
extended to cover the entire country. The Committee also welcomes the programme’s cooperation with such
organizations as the Centro de Salud Mental y Derechos Humanos (Centre for Mental Health and Human Rights)
(CINTRAS), the Corporación de Defensa de los Derechos del Pueblo (Committee for the Defence of the People’s
Rights) (CODEPU), the Instituto Latinoamericano de Salud Mental y Derechos Humanos (Latin American Mental
Health and Human Rights Institute) (ILAS) and the Fundación de Ayuda Social de las Iglesias Cristianas (Christian
Churches Social Aid Foundation) (FASIC). It is, however, concerned that victims of torture living outside the
country do not have the benefit of this programme (arts. 14 and 16).
The Committee recommends that the State party take into consideration the obligation to ensure
redress for all victims of torture and that it consider concluding cooperation agreements with countries
where they reside so that they may have access to the kind of medical treatment required by victims of
torture.
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