E/CN.4/1996/35/Add.2
page 4
5.
When the Committee against Torture, which was established to monitor the
implementation by the States parties, including Chile, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
considered the second periodic report of Chile in November 1994, it
recommended the adoption of measures to make the security forces subordinate
to the civil authorities and the abandonment of all vestiges of the
legislation enacted by the military dictatorship. 1/ The Special Rapporteur
fully endorses those recommendations.
6.
The persistence of the above-mentioned features has a significant
influence on the treatment of human rights questions, not only regarding
violations that might occur in the present or in the future, but more
particularly regarding those which occurred under the military Government.
One of the most important aspects in that connection is the maintenance of the
Amnesty Act of 1978, which prevents the prosecution of those responsible for
violations committed between 1973 and 1978. Although there are many cases
currently before the courts, also involving events subsequent to 1978, only
extremely few have resulted in judgements clarifying the facts, which is
tantamount to making impunity the general rule and is in sharp contrast to the
seriousness of the facts described in the report of the National Commission
for Truth and Reconciliation.
7.
The Commission did not analyse the practice of torture per se, focusing
only on executions and disappearances. However, no one is unaware that
torture was practised systematically in connection with detentions for
political reasons. The National Compensation and Reconciliation Agency has
not looked into cases of torture during the previous period either; its work
has basically consisted of helping the National Commission assess cases and
provide relatives with compensation. Cases of torture not followed by death
or disappearance do not give rise to compensation through this means. In such
cases the only remedy available lies before an ordinary court.
8.
The Ministry of Health has, however, established a medical aid programme
called the Programme of Compensation and Full Health Care for Victims of Human
Rights Violations (PRAIS). This programme has been functioning regularly in
various parts of the country. It is aimed at providing care to individuals
suffering from physical or mental consequences of ill-treatment to which
either they or members of their family were subjected by the security forces,
which covers victims of torture. Agency authorities told the Special
Rapporteur that they had received statements from individuals who had been
disabled as a result of torture, but that they lacked a mandate to grant
compensation in such cases. There are also serious difficulties in gathering
evidence of participation by State officials in such cases, largely because of
the secrecy in which torture was practised. The only assistance possible for
such individuals is medical assistance, with no attention given to other
aspects that are also very important, such as reinsertion into the labour
force. PRAIS is also dealing with victims of ill-treatment subsequent to
1990.
9.
On his visit to Chile the Special Rapporteur received up-to-date
information on developments in proceedings relating to three cases of persons
tortured and executed during the period of the military Government:
Mario Fernández López, Carmelo Soria Espinosa and Carlos Godoy Echegoyen. The