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COMMITTEE AGAINST TORTURE REVIEWS THIRD PERIODIC REPORT OF CHILE
10 May 2004
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Committee against Torture
MORNING 10 May 2004
The Committee against Torture this morning reviewed the third periodic report of Chile on how that country implements the provisions of the Convention against Torture.
Introducing the report, Juan Martabit, Ambassador and Permanent Representative of Chile to the United Nations Office at Geneva, said that respect for human dignity and fundamental rights constituted two main pillars of Chile’s policy at the national and international levels. Shortly after the ratification of the Convention, Chile had made efforts to abide by its provisions by taking measures with the aim of implementing the treaty. The fact that Chile had been responding to communications in other United Nations Committees and had been presenting reports to the human rights treaty bodies attested to its willingness to comply with its international obligations. Chile had scored a number of achievements at the domestic and international levels, he added.
Felice Gaer, the Committee Expert who served as Rapporteur on the report of Chile, said the current report was candid in admitting shortcomings and explaining what had been done in order to implement the provisions of the Convention. Since 1998, the Committee had noted the prosecution of past crimes, including efforts to address cases of torture through the establishment of a commission. The definition of torture was restrictive and it did not appear in the legal enactment. The delegation was asked to explain why the definition was not included in laws.
Ole Vedel Rasmussen, Committee Expert and Co-Rapporteur, welcomed Chile’s recognition of the Committee’s competence to receive communications from individuals claiming to be victims of torture in the State party, under articles 21 and 22 of the Convention. He said prison overcrowding was an immense problem in Chile according to non-governmental organizations. Allegations had been received that in some prisons, only one square meter was allocated to each prisoner in the cells. In one prison which was designed to accommodate 54 persons, there were 266 inmates – a 400 per cent overcrowding, he added.
One Expert said Chile was among the big democracies in the region and was making progress in its efforts to depart from its past. However, the abuses carried out by State agents during the last era had not been properly investigated and there was no information on the perpetrators being punished.
The delegation of Chile will return to the Committee at 3 p.m. on Tuesday, 11 May, to provide responses to the Committee’s questions.
Also representing Chile were Amira Esquivel, Director of Human Rights, Ministry of Foreign Affairs; Hernan Quezada, Lawyer at the Direction of Legal Office, Ministry of Foreign Affairs; Ivan Andrusco, Carabineros of Chile; Patrocop Utreras, First Secretary, Permanent Mission of Chile in Geneva; Victor Manuel Cornejo, Prefect of Investigations, Carabineros of Chile; Alejandro Salinas, Lawyer, National Finance; Decio Mettifogo, Chief of Social Defence Division, Ministry of Justice; Marcos Lizama, Lawyer, Chief of Department of Judicial Gendarmerie; and Luis Maurella, Second Secretary, Permanent Mission of Chile in Geneva.
As one of the 135 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Chile must submit periodic reports to the Committee on how it is implementing the provisions of the treaty to prevent torture.
When the Committee reconvenes at 3 p.m., it will hear the response of Germany to questions raised on 7 May on its third periodic report.
Report of Chile
The third periodic report of Chile says several initiatives have been taken with the aim of bringing Chile’s domestic legal system in line with the obligations established in the provisions of the Convention against Torture. The report describes the background of these legal reforms, other governmental measures and developments relating to the implementation of the Convention in Chile from 1994 to 2001. The Convention has a rank of a legal instrument forming part of the domestic legal order, with special value conferred by the Constitution.
The systematic practice of torture ended completely with the installation of the democratic governments, the report notes. The 1980 Constitution devotes a special chapter to the armed forces and the forces responsible for order and public security, drawing a clear distinction between the armed forces, on the one hand, and the forces of order and public security, on the other. Specifically with regard to the legal framework and measures to prevent and punish torture and other cruel, inhuman or degrading treatment or punishment, a process of modernization of justice is currently under way with the aim of bringing all institutions involved in the administration of justice in line with the processes of political and economic developments which have occurred in the country over the past two decades.
Presentation of Report
JUAN MARTABIT, Ambassador and Permanent Representative of Chile to the United Nations Office at Geneva, said his country supported the internal and external pillars of the democratic process and externally participated in the process of establishing peace and security. Chile had thus supported the work of the Organization of American States and participated actively in the organs and mechanisms of the global system.
Respect for human dignity and fundamental rights constituted two main pillars of Chile’s policy at the national and international levels. Shortly after the ratification of the Convention, Chile had made efforts to abide by its provisions by taking measures with the aim of implementing the treaty, Mr. Martabit said. The fact that Chile had been responding to communications in other United Nations Committees and had been presenting reports to the human rights treaty bodies attested to its willingness to comply with its international obligations.
Since the restoration of democracy, Mr. Martabit continued, Chile had scored a number of achievements at the domestic and international levels. It had cooperated with many international bodies and had actively participated in important conferences. During the sessions of the Commission on Human Rights, Chile had actively participated by co-sponsoring and supporting significant resolutions, thus contributing to the work of the Commission. Chile had also been among the countries that had contributed to the success of the International Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance held in Durban.
Response
AMIRA ESQUIVEL, Director of Human Rights in the Ministry of Foreign Affairs of Chile, before responding to written questions prepared by the Committee and addressed to the State party in advance, said that since Chile had presented its second periodic report in 1994, the State party had reinforced its legal system and had endeavoured to implement the Committee’s recommendations and those of the Special Rapporteur against torture. During the last ten years, Chile had affirmed that the practice of torture had been definitively terminated with the installation of democratic governments.
Ms. Esquivel said the reform of the legal system had opened the way to the modernization of the justice system of the country and the development of democratic institutions. The reform had also created a political consensus, which had allowed the adoption of laws and their prompt implementation. The legal reform had taken place in 12 regions of the country with the exception of the metropolitan region, where it was expected to be applied in 2005. The application of the criminal procedural reform affected 60 per cent of the population.
With regard to the prevention of torture against prisoners, she said a provision had been included in the new penal procedure. Further measures were also taken to protect victims of torture or witnesses. In that manner, 5,560 victims of serious offences had been protected. Financially, the Government had spent $ 500 million on the reform process and the strengthening of institutions.
On 5 June 2002, Chile had abolished capital punishment except for exceptional cases considered by the military justice system, Ms. Esquivel said.
Responding to the written questions, Ms. Esquivel said Chile, among other things, in order to improve its democratic institutions and to eliminate obstacles to the protection of human rights and fundamental freedoms, had taken measures in 1990 to amend its 1980 Constitution. On the issue of transferring the competence of the Carabineros and Investigation Police from the Ministry of Defence to the Interior, the Government had submitted a law to parliament for its consideration.
On the guarantees concerning extradition, expulsion and refoulement, Ms. Esquivel said there was no internal legislation on those issues in the Chilean legal system. However, since the provisions of the Convention were incorporated into the domestic law, they were directly invoked in the justice system and by the administrative authorities. With regard to refugees, there was a law that prohibited the expulsion of individuals to a country where they risked torture or mistreatment.
Asked about the prohibition of torture in Chilean law, Ms. Esquivel said that torture was defined as a crime in the penal code. The courts could also apply the Convention directly in their rulings.
The Government of Chile had seriously focused on the training of judicial and police members, she said. In 2002, a centre for the development of investigative policies had been created to train the police in criminology and investigative techniques. The Superior Council on Education had also been established to monitor the training system and its impact on the protection of human rights.
In the absence of complaints on the part of a torture victim, any person could report such criminal acts, including the head of a hospital, Ms. Esquivel said. A victim, capable of doing so, could also report his or her case to the authorities.
Asked about the work carried out to bring criminals of torture of the past military dictatorship to justice, Ms. Esquivel said many cases were still being investigated. The amnesty law did not exclude crimes related to abduction and disappearances. The Supreme Court would pronounce its judgment once the cases were completed. The cases mainly concerned human rights abuses between 1973 and 1978.
In January 2001, the Armed Forces had provided information about the fate of 200 disappeared persons. It had been ascertained, however, that in some cases, the information was inaccurate. The Ministry of the Interior was working in order to verify the information provided by the military.
Discussion
FELICE GAER, Committee Expert and Rapporteur on the report of Chile, said the last periodic report of Chile was considered by the Committee in 1994. The current report was candid in admitting shortcomings and explaining what had been done in order to implement the provisions of the Convention. Since 1998, the Committee had noted the prosecution of past crimes, including efforts to address cases of torture through the establishment of a commission.
Ms. Gaer said the definition of torture was restrictive and it did not appear in the legal enactment. The delegation was asked to explain why the definition was not included in laws. She asked if torture could only take place in the confines of deprivation of freedom or whether it was also covered in other places, such as in private homes by police, for instance. She said there was concern with regard to the light sentences handed down in cases of torture. How many cases of torture had been prosecuted under the new law?
Ms. Gaer said the Committee had recommended that the responsibility of the Carabineros be transferred from the Ministry of Defence to the Ministry of the Interior. During the last three years, there had been 223 cases involving members of the Carabinerors. However, only very few of them had been resolved while the rest were still pending. She asked the delegation to provide further information on this issue.
Ms. Gaer said both the Committee against Torture as well as the Special Rapporteur against torture were concerned about the amnesty law.
Concerning the National Commission on Political Prisoners and Torture, which was set up by the Ministry of the Interior, Ms. Gaer said its mandate had only been for six months, with a three-month extension to complete its work. Why was the Commission only dealing with political torture and acts committed within the deprivation of freedom?
The Rapporteur asked how those involved in bringing cases against the former President Pinochet were protected. She said she had received reports on reprisals against those who participated in bringing such cases to court.
Ms. Gaer asked if the Government monitored prison violence and if so, was it keeping records of inter-prisoner violence, particularly related to gender.
As regards Colonia Dignidad, peasants living in the area had discovered a secret cemetery. Had the Government taken measures to elucidate the situation and protect children from being tortured?
OLE VEDEL RASMUSSEN, Committee Expert and Co-Rapporteur on the report, welcomed Chile’s recognition of the Committee’s competence to receive communications from individuals claiming to be victims of torture in the State party, under articles 21 and 22 of the Convention. He asked why the Carabineros and the Investigating Police were still operating under the Ministry of Defence. The Committee had received a lot of information from non-governmental organizations. Recent acts of torture shown on television were a reminder of the importance of training for the army. As it was affirmed by the Convention, the reception of orders from a superior with regard to torture could not be an excuse.
Mr. Rasmussen asked if an investigation process was carried out in the presence of a third person, and if it was videotaped in order to prevent the occurrence of torture during the interrogation process. How long did it take to investigate a suspect? Were confessions obtained under torture acceptable by the judges?
Prison overcrowding was an immense problem in Chile according to non-governmental organizations, Mr. Rasmussen said. Allegations had been received that in some prisons, only one square meter was provided for each prisoner in the cells. In one prison which was intended to accommodate 54 persons, there were 266 inmates – a 400 per cent overcrowding. He asked the delegation to provide more details on the situation.
With regard to juvenile prisoners, Mr. Rasmussen said it was a concern to the Committee that they were kept together with adult prisoners, where their security was in peril. He asked if the only alternative was to put the juveniles in prison.
He recommended the establishment of a body such as an Ombudsman’s office to carry out regular visits to prisons. He commended the State party for allowing non-governmental organizations to have access to prisons and other places of detention.
Other Committee Experts also raised questions while making observations. An Expert said Chile was among the big democracies in the region and was making progress in its efforts to depart from its past. Some legal issues were still pending because of the Constitution. Past abuses carried out by State agents had not been properly investigated and there was no news of the perpetrators being punished. Some steps had been taken to punish some perpetrators but no one knew how or whether compensation was provided to the victims. Many persons had not received any reparation for the violence they had been subjected to. The legal system had to be changed so that the page could be turned once and for all concerning past acts of torture. The issues of military justice, the law of identity control, and allegations that perpetrators of torture still worked as public officials with impunity were raised by other Experts.
* *** *
MORNING 10 May 2004
The Committee against Torture this morning reviewed the third periodic report of Chile on how that country implements the provisions of the Convention against Torture.
Introducing the report, Juan Martabit, Ambassador and Permanent Representative of Chile to the United Nations Office at Geneva, said that respect for human dignity and fundamental rights constituted two main pillars of Chile’s policy at the national and international levels. Shortly after the ratification of the Convention, Chile had made efforts to abide by its provisions by taking measures with the aim of implementing the treaty. The fact that Chile had been responding to communications in other United Nations Committees and had been presenting reports to the human rights treaty bodies attested to its willingness to comply with its international obligations. Chile had scored a number of achievements at the domestic and international levels, he added.
Felice Gaer, the Committee Expert who served as Rapporteur on the report of Chile, said the current report was candid in admitting shortcomings and explaining what had been done in order to implement the provisions of the Convention. Since 1998, the Committee had noted the prosecution of past crimes, including efforts to address cases of torture through the establishment of a commission. The definition of torture was restrictive and it did not appear in the legal enactment. The delegation was asked to explain why the definition was not included in laws.
Ole Vedel Rasmussen, Committee Expert and Co-Rapporteur, welcomed Chile’s recognition of the Committee’s competence to receive communications from individuals claiming to be victims of torture in the State party, under articles 21 and 22 of the Convention. He said prison overcrowding was an immense problem in Chile according to non-governmental organizations. Allegations had been received that in some prisons, only one square meter was allocated to each prisoner in the cells. In one prison which was designed to accommodate 54 persons, there were 266 inmates – a 400 per cent overcrowding, he added.
One Expert said Chile was among the big democracies in the region and was making progress in its efforts to depart from its past. However, the abuses carried out by State agents during the last era had not been properly investigated and there was no information on the perpetrators being punished.
The delegation of Chile will return to the Committee at 3 p.m. on Tuesday, 11 May, to provide responses to the Committee’s questions.
Also representing Chile were Amira Esquivel, Director of Human Rights, Ministry of Foreign Affairs; Hernan Quezada, Lawyer at the Direction of Legal Office, Ministry of Foreign Affairs; Ivan Andrusco, Carabineros of Chile; Patrocop Utreras, First Secretary, Permanent Mission of Chile in Geneva; Victor Manuel Cornejo, Prefect of Investigations, Carabineros of Chile; Alejandro Salinas, Lawyer, National Finance; Decio Mettifogo, Chief of Social Defence Division, Ministry of Justice; Marcos Lizama, Lawyer, Chief of Department of Judicial Gendarmerie; and Luis Maurella, Second Secretary, Permanent Mission of Chile in Geneva.
As one of the 135 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Chile must submit periodic reports to the Committee on how it is implementing the provisions of the treaty to prevent torture.
When the Committee reconvenes at 3 p.m., it will hear the response of Germany to questions raised on 7 May on its third periodic report.
Report of Chile
The third periodic report of Chile says several initiatives have been taken with the aim of bringing Chile’s domestic legal system in line with the obligations established in the provisions of the Convention against Torture. The report describes the background of these legal reforms, other governmental measures and developments relating to the implementation of the Convention in Chile from 1994 to 2001. The Convention has a rank of a legal instrument forming part of the domestic legal order, with special value conferred by the Constitution.
The systematic practice of torture ended completely with the installation of the democratic governments, the report notes. The 1980 Constitution devotes a special chapter to the armed forces and the forces responsible for order and public security, drawing a clear distinction between the armed forces, on the one hand, and the forces of order and public security, on the other. Specifically with regard to the legal framework and measures to prevent and punish torture and other cruel, inhuman or degrading treatment or punishment, a process of modernization of justice is currently under way with the aim of bringing all institutions involved in the administration of justice in line with the processes of political and economic developments which have occurred in the country over the past two decades.
Presentation of Report
JUAN MARTABIT, Ambassador and Permanent Representative of Chile to the United Nations Office at Geneva, said his country supported the internal and external pillars of the democratic process and externally participated in the process of establishing peace and security. Chile had thus supported the work of the Organization of American States and participated actively in the organs and mechanisms of the global system.
Respect for human dignity and fundamental rights constituted two main pillars of Chile’s policy at the national and international levels. Shortly after the ratification of the Convention, Chile had made efforts to abide by its provisions by taking measures with the aim of implementing the treaty, Mr. Martabit said. The fact that Chile had been responding to communications in other United Nations Committees and had been presenting reports to the human rights treaty bodies attested to its willingness to comply with its international obligations.
Since the restoration of democracy, Mr. Martabit continued, Chile had scored a number of achievements at the domestic and international levels. It had cooperated with many international bodies and had actively participated in important conferences. During the sessions of the Commission on Human Rights, Chile had actively participated by co-sponsoring and supporting significant resolutions, thus contributing to the work of the Commission. Chile had also been among the countries that had contributed to the success of the International Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance held in Durban.
Response
AMIRA ESQUIVEL, Director of Human Rights in the Ministry of Foreign Affairs of Chile, before responding to written questions prepared by the Committee and addressed to the State party in advance, said that since Chile had presented its second periodic report in 1994, the State party had reinforced its legal system and had endeavoured to implement the Committee’s recommendations and those of the Special Rapporteur against torture. During the last ten years, Chile had affirmed that the practice of torture had been definitively terminated with the installation of democratic governments.
Ms. Esquivel said the reform of the legal system had opened the way to the modernization of the justice system of the country and the development of democratic institutions. The reform had also created a political consensus, which had allowed the adoption of laws and their prompt implementation. The legal reform had taken place in 12 regions of the country with the exception of the metropolitan region, where it was expected to be applied in 2005. The application of the criminal procedural reform affected 60 per cent of the population.
With regard to the prevention of torture against prisoners, she said a provision had been included in the new penal procedure. Further measures were also taken to protect victims of torture or witnesses. In that manner, 5,560 victims of serious offences had been protected. Financially, the Government had spent $ 500 million on the reform process and the strengthening of institutions.
On 5 June 2002, Chile had abolished capital punishment except for exceptional cases considered by the military justice system, Ms. Esquivel said.
Responding to the written questions, Ms. Esquivel said Chile, among other things, in order to improve its democratic institutions and to eliminate obstacles to the protection of human rights and fundamental freedoms, had taken measures in 1990 to amend its 1980 Constitution. On the issue of transferring the competence of the Carabineros and Investigation Police from the Ministry of Defence to the Interior, the Government had submitted a law to parliament for its consideration.
On the guarantees concerning extradition, expulsion and refoulement, Ms. Esquivel said there was no internal legislation on those issues in the Chilean legal system. However, since the provisions of the Convention were incorporated into the domestic law, they were directly invoked in the justice system and by the administrative authorities. With regard to refugees, there was a law that prohibited the expulsion of individuals to a country where they risked torture or mistreatment.
Asked about the prohibition of torture in Chilean law, Ms. Esquivel said that torture was defined as a crime in the penal code. The courts could also apply the Convention directly in their rulings.
The Government of Chile had seriously focused on the training of judicial and police members, she said. In 2002, a centre for the development of investigative policies had been created to train the police in criminology and investigative techniques. The Superior Council on Education had also been established to monitor the training system and its impact on the protection of human rights.
In the absence of complaints on the part of a torture victim, any person could report such criminal acts, including the head of a hospital, Ms. Esquivel said. A victim, capable of doing so, could also report his or her case to the authorities.
Asked about the work carried out to bring criminals of torture of the past military dictatorship to justice, Ms. Esquivel said many cases were still being investigated. The amnesty law did not exclude crimes related to abduction and disappearances. The Supreme Court would pronounce its judgment once the cases were completed. The cases mainly concerned human rights abuses between 1973 and 1978.
In January 2001, the Armed Forces had provided information about the fate of 200 disappeared persons. It had been ascertained, however, that in some cases, the information was inaccurate. The Ministry of the Interior was working in order to verify the information provided by the military.
Discussion
FELICE GAER, Committee Expert and Rapporteur on the report of Chile, said the last periodic report of Chile was considered by the Committee in 1994. The current report was candid in admitting shortcomings and explaining what had been done in order to implement the provisions of the Convention. Since 1998, the Committee had noted the prosecution of past crimes, including efforts to address cases of torture through the establishment of a commission.
Ms. Gaer said the definition of torture was restrictive and it did not appear in the legal enactment. The delegation was asked to explain why the definition was not included in laws. She asked if torture could only take place in the confines of deprivation of freedom or whether it was also covered in other places, such as in private homes by police, for instance. She said there was concern with regard to the light sentences handed down in cases of torture. How many cases of torture had been prosecuted under the new law?
Ms. Gaer said the Committee had recommended that the responsibility of the Carabineros be transferred from the Ministry of Defence to the Ministry of the Interior. During the last three years, there had been 223 cases involving members of the Carabinerors. However, only very few of them had been resolved while the rest were still pending. She asked the delegation to provide further information on this issue.
Ms. Gaer said both the Committee against Torture as well as the Special Rapporteur against torture were concerned about the amnesty law.
Concerning the National Commission on Political Prisoners and Torture, which was set up by the Ministry of the Interior, Ms. Gaer said its mandate had only been for six months, with a three-month extension to complete its work. Why was the Commission only dealing with political torture and acts committed within the deprivation of freedom?
The Rapporteur asked how those involved in bringing cases against the former President Pinochet were protected. She said she had received reports on reprisals against those who participated in bringing such cases to court.
Ms. Gaer asked if the Government monitored prison violence and if so, was it keeping records of inter-prisoner violence, particularly related to gender.
As regards Colonia Dignidad, peasants living in the area had discovered a secret cemetery. Had the Government taken measures to elucidate the situation and protect children from being tortured?
OLE VEDEL RASMUSSEN, Committee Expert and Co-Rapporteur on the report, welcomed Chile’s recognition of the Committee’s competence to receive communications from individuals claiming to be victims of torture in the State party, under articles 21 and 22 of the Convention. He asked why the Carabineros and the Investigating Police were still operating under the Ministry of Defence. The Committee had received a lot of information from non-governmental organizations. Recent acts of torture shown on television were a reminder of the importance of training for the army. As it was affirmed by the Convention, the reception of orders from a superior with regard to torture could not be an excuse.
Mr. Rasmussen asked if an investigation process was carried out in the presence of a third person, and if it was videotaped in order to prevent the occurrence of torture during the interrogation process. How long did it take to investigate a suspect? Were confessions obtained under torture acceptable by the judges?
Prison overcrowding was an immense problem in Chile according to non-governmental organizations, Mr. Rasmussen said. Allegations had been received that in some prisons, only one square meter was provided for each prisoner in the cells. In one prison which was intended to accommodate 54 persons, there were 266 inmates – a 400 per cent overcrowding. He asked the delegation to provide more details on the situation.
With regard to juvenile prisoners, Mr. Rasmussen said it was a concern to the Committee that they were kept together with adult prisoners, where their security was in peril. He asked if the only alternative was to put the juveniles in prison.
He recommended the establishment of a body such as an Ombudsman’s office to carry out regular visits to prisons. He commended the State party for allowing non-governmental organizations to have access to prisons and other places of detention.
Other Committee Experts also raised questions while making observations. An Expert said Chile was among the big democracies in the region and was making progress in its efforts to depart from its past. Some legal issues were still pending because of the Constitution. Past abuses carried out by State agents had not been properly investigated and there was no news of the perpetrators being punished. Some steps had been taken to punish some perpetrators but no one knew how or whether compensation was provided to the victims. Many persons had not received any reparation for the violence they had been subjected to. The legal system had to be changed so that the page could be turned once and for all concerning past acts of torture. The issues of military justice, the law of identity control, and allegations that perpetrators of torture still worked as public officials with impunity were raised by other Experts.
* *** *