E/CN.4/1996/35/Add.2
page 24
9/ Adopted by the Eighth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, Havana, Cuba, 27 August to
7 September 1990.
10/ In accordance with this paragraph "In the determination of any
criminal charges against him, everyone shall be entitled ... in full equality:
to have adequate time and facilities for the preparation of his defence and to
communicate with counsel of his own choosing".
11/
HRI/GEN/1/Rev.1, p. 16.
12/ According to a study carried out by the Andean Commission of Jurists,
"court practice has developed a set of formalities in connection with amparo
proceedings which run counter to internationally established standards
regarding effective remedy. As under the military regime, in general once he
has received an application, the judge sends a written request to the
authority responsible for the detention to explain the grounds for the arrest
or, if appropriate, to bring the detainee before him. This attitude on the
part of the courts is particularly serious if we bear in mind that even since
1990 there have been reports of cases of torture and ill-treatment occurring
on police premises, which were not in fact properly looked into by the
judicial authorities" (Chile: Sistema Judicial y Derechos Humanos, 1995,
p. 50).
13/ In the view of Cristián Riego, "it may be plausibly argued that the
scant judicial control over the gathering of evidence by the police is largely
attributable to the judges’ appreciation of the problems our inquisitorial
system poses for the proper investigation of offences; these difficulties
would make it virtually impossible to obtain evidence if tighter control were
exercised over the police, who, it has to be admitted, are virtually the sole
source of evidence during the investigation phase" (El proceso penal chileno
y los derechos humanos. Aspectos jurídicos, Cuaderno de análisis jurídico,
Escuela de Derecho de la Universidad Diego Portales, p. 68. See, also,
Maria Angélica Jimenez, op. cit. p. 29).
14/
Ibid, p., 81.
15/
"Las garantías de la detención en Chile", loc. cit., pp. 228-229.
16/
Ibid. pp. 216-221.
17/
CAT/C/20/Add.3, para. 37.
18/ The length of the periods of medium-term rigorous or ordinary
imprisonment ranges from a minimum of 61 days to a maximum of five years.
Suspension from duty and public office may range from 61 days to three years.
19/ In accordance with this definition "the term ’torture’ means any act
by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him or
a third person information or a confession, punishing him for an act he or a
third person has committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for any reason based on
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