UN expert praises Chile’s human rights architecture but warns shadow of torture looms large

SANTIAGO (26 October 2023) – Chile has made remarkable progress to embrace human rights, the UN Special Rapporteur on Torture, Alice Jill Edwards said today, concluding a visit to the country that coincided with the 50th anniversary of the military coup.

The UN expert’s 10-day visit also coincided with the fourth anniversary of Chile’s social unrest (estallido social) in October 2019.

The expert examined efforts made to reform crowd control operations and weapons used by the Carabineros de Chile, national police, in response to that unrest. Thousands of people had to seek emergency treatment as a result of the excessive police response. This included around 350 people who sustained serious eye injuries and in some cases blindness. Allegations of sexual violence, unlawful coercion and torture remain under investigation.

“While there has been some welcome progress further reform is still needed,” Edwards said in a statement. “Twelve-shot ammunition was replaced with three-shot, but I call on the Government to go even further to ensure that law enforcement officers use only single shot weapons. Buckshot or other led-based rubber bullets also need to be withdrawn,” she said.

The Special Rapporteur warned that ammunition and launchers containing multiple projectiles are unsafe to deploy. They are inaccurate, hit targets indiscriminatorily and arbitrarily, and pose a significant risk to bystanders, she said.

Edwards said that Pinochet’s 17-year dictatorship in Chile had been marked by torture, enforced disappearances and summary executions, with wanton disregard for the rule of law and the life and dignity of human beings. She praised Chile for human rights progress since the the fall of the country’s dictatorial regime in 1990 but cautioned against complacency.

“The shadow of torture still looms large and has left deep imprints on the bodies and minds of Chileans, even if many have no living memory of it,” Edwards said. “The effects of torture on such a widespread scale are felt by its direct victims and their immediate families, and the generations that follow and society as a whole.”

The visit which covered four regions sought to assess Chile’s progress towards the implementation of its international obligations to prohibit and prevent torture. The Special Rapporteur also made recommendations on challenges the government faces, including in providing legal remedies and rehabilitation for victims and survivors.

“While acknowledging the many processes that have been instigated to address torture, the slow pace of justice can be agonising for survivors of torture. I have noted that a small proportion of those accused have been prosecuted and even fewer sentenced,” Edwards said. “All acts of torture and ill-treatment – past and present – must be investigated and action taken to prevent recurrence.”

During her visit, Edwards also assessed the conditions and standards of treatment for persons deprived of their liberty in a range of settings, including in prisons, psychiatric institutions, the cells of court houses, police stations (Carabineros de Chile and Policia de Investigacion), and juvenile justice facilities. She hoped her preliminary observations will be taken into account during the Government’s review of the Prison Regulations.

“Various sectors have undertaken many important legal and institutional reforms to instil a human rights culture across the country and within institutions. I commend the State of Chile for the human rights architecture which it has constructed, though further adjustments are needed.”

Chile’s efforts have significantly increased standards of professional conduct and reduced the use of torture and other forms of ill-treatment, the UN expert said.

The Special Rapporteur will present a report on her visit to the Human Rights Council.

Dr. Alice Jill Edwards, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, is part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.

UN Human Rights, Country Page – Chile