CAT/OP/CHL/1
traditional knowledge and medicines as an alternative or supplement to the
treatments that the health services normally dispense.
64.
The Subcommittee noted that the service provided by the psychiatric hospital
appeared to be adequate. However, the Subcommittee was concerned to note the lack of
any protocol for detecting ill-treatment or torture in cases of involuntary administrative
admissions, when patients brought in by police officers, or even by their families, show
signs of bruising. The medical service apparently does not take that possibility into account
in the case of patients who are often lacking in discernment or understanding of their
situation.
65.
The Subcommittee is seriously concerned that persons admitted to the hospital for
an assessment of their mental competence to stand trial remain institutionalized for more
than six months after the completion of the assessment.
66.
The Subcommittee recommends that particular attention be devoted to the
examination of patients exhibiting injuries and that specialized training be provided
in this area.
VI. Conditions of detention
A.
Overpopulation and overcrowding
67.
On the basis of interviews with government officials, persons deprived of their
liberty and human rights organizations, the Subcommittee has concluded that the existing
policy governing the prosecution of criminal offences has contributed significantly to the
increase in the prison population. The way in which justice is currently administered has
also contributed to overcrowding, particularly since the reform of the criminal justice
system was carried out. The reform has streamlined the justice system and permitted a
broader range of crimes to be addressed. However, the system suffers from shortcomings in
terms of safeguards, the handling of complex crimes and the reduction of prison
overcrowding. Moreover, the marked reduction in the ratio of pretrial detainees to the total
prison population has been achieved at the cost of a significant increase in the number of
persons deprived of their liberty, as shown by the current high rate of incarceration in Chile.
This situation heightens the likelihood that members of certain groups (defined in terms of
social class, gender, ethnicity and age, among other characteristics) will be subject to
criminal prosecution, ill-treatment and torture during arrest and detention, violations of due
process and imprisonment.
68.
The Subcommittee recommends that modifications be made, as a matter of
urgency, in the policy governing criminal prosecution and the administration of
criminal justice in order to reduce the number of persons deprived of their liberty and
reverse the rise in the prison population, including through the use of alternative
measures to detention. The Subcommittee further recommends that these
modifications be such as to reduce the heightened risk of detention and vulnerability
to ill-treatment in places of detention of the groups that are most at risk in this regard.
69.
The Subcommittee is concerned to note that there is overcrowding in the vast
majority of places of detention, with, in some cases, as many as three persons being forced
to share a mattress. Furthermore, the Subcommittee is concerned about inadequate natural
or artificial lighting, insufficient heating and the scarcity of opportunities for inmates to
exercise outdoors or engage in any other activity for long periods of time, all of which,
taken together, may constitute cruel, inhuman and degrading treatment.
70.
During its visits, the Subcommittee noted that disparities existed in detention
conditions within the same institution. Some persons deprived of their liberty receive
differential treatment as a result of orders issued by a court or by the prison officials or by
reason of their socioeconomic status or their mid-ranking or senior position in a criminal
organization. Such treatment includes being housed in places of detention that are not
overcrowded or in individual cells equipped with proper bathrooms and access to gyms,
television sets, individual sleeping quarters, a canteen and a living room. These persons are
GE.17-07771
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents