CAT/OP/CHL/1
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules), to govern 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.
41.
The Subcommittee noted the existence and application of minimum-term life
sentences and whole-life orders under which, only upon serving 20 or 40 years of those
sentences, can persons deprived of their liberty be granted the prison privileges provided
for in Decree-Law No. 321.
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 humanitarian grounds so that cases involving lengthy sentences do not become a
kind of advance death penalty.
IV. Torture and other cruel, inhuman or degrading treatment or
punishment
43.
The Subcommittee is concerned by the numerous reports it received from persons
deprived of their liberty who claimed to have been subjected to torture or ill-treatment
under a variety of circumstances. The Subcommittee was informed that such acts had taken
place during arrests and searches, before and after persons deprived of their liberty were
examined for injuries, and during transfers to and from Carabineros stations, investigative
police stations and prisons. The Subcommittee also received reports of ill-treatment in the
holding cells of the Santiago courthouse. The Subcommittee has received information on
cases in which, following demonstrations or social protests, individuals were briefly
deprived of their liberty in police stations without being registered or examined for injuries.
44.
The forms of ill-treatment most frequently described to the Subcommittee were
blows delivered with an open hand, a truncheon, the butt of a firearm, a knee or a foot, in
some cases by several officers, even after the persons deprived of their liberty had been
subdued and handcuffed. In other cases, the methods described included the prolonged use
of handcuffs in various positions, the twisting of upper limbs, the use of irritant gas,
deprivation of food and water and exposure to particularly cold temperatures for several
hours. There were repeated claims that persons deprived of their liberty had been
handcuffed with their hands behind their backs, sometimes overnight. These situations have
also reportedly arisen in police vehicles and upon entering places of detention.
45.
A number of persons reported cases of ill-treatment in police stations and other
places of detention run by the Carabineros. These incidents have usually occurred in places
where there are no surveillance cameras, such as bathrooms or storage spaces adjacent to
detention areas. At one of the police stations visited by the Subcommittee, the delegation’s
entry interrupted two cases of ill-treatment that were subsequently described in statements
given by the persons concerned. The Subcommittee also found that persons being held in
police stations were systematically immobilized with handcuffs that were put on more
tightly than necessary, causing them pain and injury.
46.
In the Santiago and Valdivia courthouses, the Subcommittee saw persons who were
in the holding cells being placed in handcuffs and special vests for long periods of time
prior to being transferred. At the Santiago facility, several persons had been held under
those conditions for 24 hours or more.
47.
On several occasions, allegations of recently committed acts of torture or illtreatment were corroborated by examinations carried out by the delegation’s doctor.
48.
The Subcommittee learned of repeated and consistent allegations of various forms of
ill-treatment being committed during prison searches conducted by prison officers. During
searches, detainees are often subjected to verbal abuse, the destruction of their property and
the use of irritant gas. Allegations were also received of particularly invasive body searches
that were especially humiliating for women detainees and visitors.
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