CAT/C/CHL/CO/6
provided by the State party, 256 minors died between January 2005 and June 2016 in
facilities directly managed by the Service and in other residential facilities subsidized by
the Service and operated by accredited partner agencies. While noting the State party’s
explanations of the ongoing investigations, the Committee regrets that it has not received
data disaggregated by place of detention, sex, age and ethnic origin or nationality of the
deceased minors nor data on the alleged causes of their deaths. Also of serious concern are
reports indicating that staff at the centres, including medical staff, have committed acts of
torture, ill-treatment and sexual abuse against minors in detention and that rates of violence
among minors placed in these institutions are high. In this regard, the Committee welcomes
the recent decision of the State party to publish the report on the inquiry conducted by the
Committee on the Rights of the Child into the situation of children and adolescents placed
in residential centres in Chile, in accordance with article 13 of the Optional Protocol to the
Convention on the Rights of the Child on a communications procedure
(CRC/C/CHL/INQ/1) (arts. 2, 4, 12–14 and 16).
37.
The Committee urges the State party to:
(a)
Ensure that all cases of deaths of children and adolescents placed in the
network of residential centres managed by the National Service for Minors and its
partner agencies are promptly and impartially investigated by an independent body;
(b)
Ensure that all allegations of torture, ill-treatment and sexual abuse of
children placed in these centres are promptly, thoroughly and impartially investigated;
ensure that alleged perpetrators are prosecuted and, if found guilty, punished in a
manner commensurate with the gravity of their acts; and ensure that all victims are
granted adequate redress;
(c)
Take the measures necessary to remedy any deficiencies in the
administration, management and internal functioning of the centres and ensure that
such acts are not repeated;
(d)
Ensure that minors placed in residential centres receive the appropriate
medical and health care and that medical staff are properly trained;
(e)
Ensure that all residential centres managed by the National Service for
Minors and its partner agencies are regularly monitored and that the
recommendations made by the Committee on the Rights of the Child within the
framework of its investigation are implemented;
(f)
Ensure that the needs of children placed in residential facilities are met
by ensuring that staff in such facilities receive the training that they need to perform
their duties.
Ill-treatment of persons with disabilities and older persons
38.
The Committee is concerned at reports that persons with disabilities and older
persons placed in residential institutions are subjected to degrading treatment, including the
frequent use of restraints, forced medication and sexual abuse. It therefore regrets that it has
not received any information on investigations into these complaints (arts. 2, 12, 13 and 16).
39.
The Committee urges the State party to investigate allegations of ill-treatment
of persons with disabilities and older persons in residential institutions and all cases of
sudden deaths occurring in such settings.
Training
40.
The Committee acknowledges the efforts made by the State party to develop and
implement training programmes in human rights for members of the security forces
(Carabineros and investigative police), Prison Service officials and the judiciary. It regrets,
however, that little information is available on human rights training for members of the
armed forces and no information is available on the evaluation of the effectiveness of
training programmes in reducing torture and ill-treatment. The Committee notes with
appreciation that training sessions on how to detect and document the physical and
psychological effects of torture and ill-treatment, in accordance with the Manual on the
GE.18-14136
9