Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports that the government or its agents committed arbitrary or unlawful killings.
There were no reports of disappearances by or on behalf of government authorities.
In March 2017 the 1985 disappearance case of U.S. citizen Boris Weisfeiler was placed on schedule for an appeals court hearing. There were no developments in the case during the year.
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. During the year the National Institute of Human Rights (INDH) filed seven criminal accusations that members of law enforcement had committed acts of torture during detention of student protesters, or for criminal arrests, or at prisons. On May 28, Carabineros special forces allegedly beat and strangled a Swiss Confederation High School student to the point of unconsciousness while removing student protesters from the school. On June 1, the INDH filed a criminal accusation for the case; the investigation was pending at year’s end.
Prison and Detention Center Conditions
Independent auditors determined that conditions in some prisons were considered below generally accepted standards, as promulgated by the Organization of American States, due to antiquated and overpopulated prisons that typically had substandard sanitary infrastructure and an inadequate water supply. Human rights organizations reported violence, including torture, occurred, as did violence among inmates.
Physical Conditions: The prison population was unevenly distributed across the prison system, with approximately 50 percent of prisons operating beyond maximum capacity, while others were underpopulated. Overpopulation and antiquated, inadequate facilities led to comingling of pre- and post-trial prisoners as a common practice. An independent magistrate’s report stated prisoners were often confined to their cells for the majority of the day, a practice that did not allow sufficient time for participation in rehabilitation and readjustment programs.
Administration: Independent government authorities, including the INDH, generally investigated credible allegations of mistreatment. The government usually investigated and monitored prison and detention center conditions.
Independent Monitoring: The government permitted prison visits by independent human rights observers, and such visits took place at both government and privately operated facilities. Prisoner and human rights groups continued to investigate alleged abuse or use of excessive force against detainees, and media covered some of the allegations.
The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed those requirements.
ROLE OF THE POLICE AND SECURITY APPARATUS
The Carabineros and the Investigative Police (PDI) have legal responsibility for law enforcement and maintenance of order, including migration and border enforcement, within the country. The Ministry of the Interior and Public Security oversees both forces. The INDH monitors complaints and allegations of abuse.
Civilian authorities generally maintained effective control over the Carabineros and the PDI, and the government has mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Only public officials expressly authorized by law may arrest or detain citizens, and they generally did so openly with warrants based on sufficient evidence brought before an independent judiciary. Authorities must immediately inform a prosecutor of an arrest and generally did so.
The prosecutor must open an investigation, receive a statement from the detainee, and ensure that the detainee is held at a local police station until the detention control hearing. Detention control hearings are held twice daily, allowing for a judicial determination of the legality of the detention within 24 hours of arrest. Detainees must be informed of their rights, including the right to an attorney and the right to remain silent until an attorney is present. Public defenders are provided for detainees who do not hire their own lawyer. Authorities must expedite notification of the detention to family members. If authorities do not inform detainees of their rights upon detention, the judge can declare the process unlawful during the detention control hearing.
The law allows judges to set bail, grant provisional liberty, or order continued detention as necessary for the investigation or the protection of the prisoner or the public.
The law affords detainees 30 minutes of immediate and subsequent daily access to a lawyer (in the presence of a prison guard) and to a doctor to verify their physical condition. Regular visits by family members are allowed.
The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.
The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced that right.
Defendants enjoy a presumption of innocence and have a right of appeal. They have the right to be informed promptly of charges, to have time to prepare their defense, and not to be compelled to testify or admit guilt. Three-judge panels form the court of first instance. The process is oral and adversarial, defendants have the right to be present and consult with an attorney in a timely manner, and judges rule on guilt and dictate sentences. Defendants have the right to free assistance of an interpreter. Court records, rulings, and findings were generally accessible to the public.
The law provides for the right to legal counsel, and public defenders’ offices across the country provided professional legal counsel to anyone seeking such assistance. When human rights organizations or family members requested, the nongovernmental organization (NGO) Corporation for the Promotion and Defense of the Rights of the People and other lawyers working pro bono assisted detainees during interrogation and trial. Defendants may confront or question adverse witnesses and present witnesses and evidence on their behalf, although the law provides for secret witnesses in certain circumstances.
For crimes committed prior to the implementation of the 2005 judicial reforms, criminal proceedings are inquisitorial rather than adversarial. As of December 1, one inquisitorial criminal court remained open and had an extensive wait for trials.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
In civil matters there is an independent and impartial judiciary, which permits individuals to seek civil remedies for human rights violations; however, the civil justice system retained antiquated and inefficient procedures, which resulted in civil trials lasting years if not decades. Administrative and judicial remedies are available for alleged wrongs. Cases involving violations of an individual’s human rights may be submitted through petitions by individuals or organizations to the Inter-American Commission of Human Rights (IACHR), which in turn may submit the case to the Inter-American Court of Human Rights. The court may order civil remedies including fair compensation to the individual injured.
The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.