CAT/OP/CHL/1 Subcommittee is concerned by the numerous allegations, which were substantiated in several interviews, of violent cell raids carried out by the security guards, sometimes in the presence of or with the acquiescence of officials from the National Service for Minors. These raids appear to be a form of collective punishment for offences committed by individuals. The adolescents described being slapped, punched, kicked with army boots, insulted and ordered to do squats and having pepper spray sprayed in their eyes. Some interviewees had marks on their backs and torn clothing as the result of a raid that had taken place the day before the visit. The Subcommittee highlights the fact that such incidents, in combination with the vulnerable nature of children, constitute acts of torture and illtreatment and violate international standards applicable to the treatment of juveniles deprived of their liberty. Furthermore, the minors interviewed by the Subcommittee were not aware of whether a mechanism was in place for lodging complaints about abuses and punishments that occur during raids. 105. In this context, the Subcommittee is concerned about possible reprisals against the minors who met with the Subcommittee. 106. Interviews with the centre’s staff revealed that reoffending rates are high and that there were 10 suicide attempts in 2015. In the first quarter of 2016, there have been a further two suicide attempts. All of these attempts have apparently been connected to overcrowding in the centre during that period and the presence of minors with serious mental health problems. 107. The Subcommittee observed that deprivation of liberty was not applied for the shortest possible period of time, as a number of adolescents had been at the centre for longer than six months. Similarly, there had been cases of children who had been held in pretrial detention in the centre for more than a year. 108. The Subcommittee expresses its great concern at the removal of the former director of the centre from her post in 2014 as a disciplinary measure allegedly connected to the illtreatment of minors in detention. The Subcommittee urges the State party to conduct an independent and impartial investigation and to protect the witnesses and victims in the case. 109. The Subcommittee consulted the records and found that 22 complaints in connection with minors who had injuries upon admission to the centre had been referred to the courts and the Attorney General’s Office. Seven of the cases involved members of the Carabineros, one involved members of the investigative police, four involved prison service staff and one involved an official from the National Service for Minors. Staff at the centre indicated that minors who had been apprehended by means of “citizen’s arrests” often arrived showing signs of having been beaten. 110. The Subcommittee recommends that the State party ensure that all detention centres and alternative care facilities for minors are subject to a system of regular, unannounced monitoring visits and that minors have access to independent complaints mechanisms. The State party should also ensure the prompt and impartial investigation of all complaints of abuse in the San Joaquín temporary detention centre, the prosecution of the suspected perpetrators in order to prevent the recurrence of abuse and the protection of witnesses and victims. The Subcommittee recommends that the authorities familiarize themselves with the Istanbul Protocol and apply it in the investigation and documentation of complaints and reports of torture and ill-treatment. 111. The Subcommittee notes the need, according to a number of interviewees, for the Act on Adolescent Criminal Responsibility to be amended to address the complexity of the causative factors set out therein and the lack of functional specialization in juvenile justice. 112. The Subcommittee found that many adolescents who were charged and convicted had used the services of private lawyers owing to the absence of a system of specialized legal representation. 113. The Subcommittee recommends that the authorities bear in mind that the education and social reintegration of offenders should be the primary aims of the juvenile criminal justice system, and speedy procedures and socioeducational measures should therefore be put in place. In addition, efforts should be made to 16 GE.17-07771

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