E/CN.4/1996/35/Add.2 page 22 (k) The burden of proving that a person was subjected to torture should not fall wholly on the alleged victim. The officials involved or their superiors should also be obliged to provide evidence to the contrary. (l) Judges should make full use of the possibilities provided for in the law regarding the proceedings of habeas corpus (procedimiento de amparo). They should, in particular, seek access to the detainee and verify his/her physical condition. Negligence on their part on this issue should be the subject of disciplinary sanctions. (m) The provisions regarding arrest on suspicion (detención por sospecha) should be amended in order to ensure that such arrest only takes place in strictly controlled circumstances and in accordance with national and international standards guaranteeing the right to personal freedom. Those arrested on suspicion should be segregated from other detainees and given the possibility of communicating immediately with relatives and lawyer. (n) Close attention should be given to the recommendation of the Committee against Torture on the advisability of making special provision for the offence of torture, as described in article 1 of the Convention, and making it punishable by a penalty appropriate to its seriousness. Periods of prescription should also reflect the gravity of the crime. (o) Measures should be taken in order to recognize the competence of the Committee in the circumstances described in articles 21 and 22 of the Convention. (p) Measures should be taken in order to ensure that victims of torture obtain adequate compensation. (q) The Programme of Compensation and Full Health Care for Victims of Human Rights Violations (PRAIS) should be reinforced so that it can assist victims of torture that occurred under either the military or the civilian Governments in all aspects of their rehabilitation, including their professional rehabilitation. (r) National non-governmental organizations also play, and have played in the past, an important role in the rehabilitation of torture victims. Whenever they require it, they should receive official support to carry out their activities in this respect. At the same time, the Government is urged to consider increasing its contribution to the United Nations Voluntary Fund for Victims of Torture which, over the years, has financed the programmes of several NGOs in Chile. (s) Serious consideration should be given, as a matter of priority, by the Government and Congress to proposals, some of them at present before the Congress, aimed at reforming the Code of Penal Procedure. In particular, a prosecution service (Ministerio Público) independent of the Government should be responsible for preparing cases for eventual adjudication. There should be equality of arms between the Ministerio Público and the defence. (t) The Government should consider sending to the Congress proposals for the establishment of a national institution for the promotion and protection of human rights. When a bill in this regard is being drafted, consideration should be given to the principles relating to the status of national

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