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Chile

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were isolated reports that the government or its agents committed arbitrary or unlawful killings. On October 18, during a protest in Santiago marking the anniversary of the 2019 social unrest, Anibal Villarroel was shot and killed, allegedly by Carabineros. The case was under investigation at year’s end.

The Investigative Police and Public Prosecutor’s Office investigate whether security force killings were justifiable and pursue prosecutions. The National Institute of Human Rights (INDH), an independent government authority that monitors complaints and allegations of abuse, may file civil rights cases alleging arbitrary killings. As of October prosecutions of one soldier and one marine arrested for killings during the 2019 social unrest and investigations into three other killings–two allegedly by Carabineros and one by a soldier–continued.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit such practices, there were reports of excessive force, abuse, and degrading treatment by law enforcement officers. Since widespread protests and civil unrest that began in 2019 and continued into January and February, the INDH filed nearly 2,500 criminal accusations that law enforcement officials committed acts of torture or cruel treatment during detention of protesters or criminal arrests, including accusations of sexual abuse or assault. In July the National Prosecutor’s Office announced it had received more than 8,800 allegations of abuse by security forces between October 18, 2019, and March 31. Of these, more than 1,000 allegations were for abuse of minors and nearly 400 for sexual violence. As of October the National Prosecutor’s Office reported that 4,681 investigations remained open and that it had formally charged 75 members of security forces and had requested hearings to charge 22 more. Of those charged, one case had resulted in a conviction by October.

On March 29, during a protest in the Santiago neighborhood of Villa Francia, a woman who claimed she was not in involved in the protest was stopped by Carabineros and allegedly beaten, despite complying with orders and declaring that she was pregnant. She was taken to a police station, where she suffered a miscarriage, and was transferred to a hospital, where medical personnel allegedly mistreated her. She was taken back to the police station and only released when the prosecutor arrived. On April 2, the INDH filed a criminal complaint of torture, which remained under investigation as of October.

During the civil unrest, more than 200 civilians suffered eye trauma due to Carabineros’ use of shotguns loaded with nonlethal pellets, according to the INDH. On July 23, a man lost his eye in the city of Renca after being shot, allegedly by a member of the Investigative Police. The INDH filed a criminal suit for torture, prosecutors opened an investigation, and as of October the accused officer remained under house arrest.

In August prosecutors arrested and charged the officer who shot Gustavo Gatica with a riot-control shotgun in November 2019, blinding him in both eyes. As of October the case against the officer remained open. In April the government issued new regulations on the use of force by security forces, including police and armed forces, to limit the use of shotguns and other nonlethal ammunition during protests.

Human rights groups reported that impunity was a problem in the security forces, especially the Carabineros. The INDH, Investigative Police, and public prosecutors investigated many of the abuses and brought criminal charges, but court closures and delays due to the COVID-19 pandemic slowed investigations. The Carabineros quickly fired many officers accused of abuses and administratively sanctioned others. The slow pace and small number of prosecutions relative to the number of accusations stemming from the social unrest created a perception that those accused of abuses did not face effective accountability. The government increased training for Carabineros officers on crowd control techniques and human rights.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Children

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents or grandparents. There were no reports that birth registration was denied on a discriminatory basis.

Child Abuse: There are laws against child abuse, but it remained a persistent problem. The law renders persons convicted of child sexual abuse permanently ineligible for any position, job, career, or profession in educational settings requiring direct and habitual contact with children younger than age 18. The law also includes a public registry of these sex offenders.

In April the government ordered the closure of the National Service for Minors (SENAME) shelter Residencia el Nido in the municipality of Hualpen. The Talcahuano prosecutor’s office opened an investigation into the former shelter director, who allegedly authorized adults to enter the residence and sexually abuse the children in exchange for money. The Talcahuano prosecutor’s office opened an investigation into other staff members at the shelter to determine their possible involvement. The National Prosecutor’s Office, Justice and Human Rights representative in the Bio-Bio Region, and National Defender for Children’s Rights initiated legal actions against the alleged perpetrators and asked the local court to relocate 23 children from the shelter.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 (16 with parental consent).

Sexual Exploitation of Children: The law prohibits all forms of human trafficking, prescribing penalties ranging from five years and one day to 15 years in prison, plus fines, for trafficking offenses. Nevertheless, child sex-trafficking cases were often prosecuted under a different law, Article 367 of the penal code, which provides lesser penalties. Due to sentencing guidelines for first-time offenders that provide automatic parole for any sentence of less than five years’ confinement, many convicted traffickers received weak and inadequate sentences, which hampered efforts to deter and hold traffickers accountable.

Sexual relations with minors between the ages of 14 and 18 may be considered statutory rape depending on the circumstances; sex with a child younger than age 14 is considered rape, regardless of consent or the victim’s gender. Penalties for statutory rape range from five to 20 years in prison. Child pornography is a crime. Penalties for producing child pornography range from 541 days to five years in prison.

Commercial sexual exploitation of children and adolescents was a problem, and children were victims of sex trafficking with and without third-party involvement. Children were also used in the production of pornography.

Institutionalized Children: SENAME continued implementing a restructuring, begun after investigations following the death of an 11-year-old child in SENAME custody in 2017 revealed systemic problems of abuse and neglect in SENAME shelters. The restructuring included closing traditional shelters for vulnerable children and replacing them with family-style residences. The first family-style residences opened in 2019 in Valparaiso and Santiago. During the year SENAME opened additional residences in Santiago, Arica, and Biobio.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

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