contains several provisions that are not in line
with international human rights law.
In January, a law entered into force
establishing a new Undersecretariat on
Human Rights under the Ministry of Justice.
The first Undersecretary was appointed
in September.
In April, the government announced that
plans to reform the law on migration were
postponed indefinitely. In December it was
announced that the bill would be filed in
January 2017.
POLICE AND SECURITY FORCES
Allegations of unnecessary or excessive use
of force by the police, especially in the
context of public protests, continued to be
reported. Children, women, journalists and
employees of the National Human Rights
Institute acting as observers were among
the victims.
Human rights violations involving members
of the security forces continued to be dealt
with by military courts. However, a new law
entered into force in November that expressly
stated that civilians, whether accused or the
victims of crime, were excluded from
military jurisdiction.
In January, the National Human Rights
Institute filed a lawsuit to push for further
investigation by the ordinary courts into the
enforced disappearance of 16-year-old José
Huenante; he was last seen being detained
by policemen in September 2005. Following
the lawsuit, a military court also reopened an
investigation. However, at the end of the year,
José Huenante’s fate and whereabouts
remained unclarified and neither
investigation had established the facts of the
case or identified those responsible.
IMPUNITY
During the year, several convictions for past
crimes under international law and other
human rights violations committed during the
military regime were confirmed. In
September, the Supreme Court confirmed the
four-year sentences of two former military
officials for the torture of General Alberto
Bachelet in 1973.
Amnesty International Report 2016/17
Victims, their relatives and civil society
organizations opposed several attempts to
obtain the early release on parole of people
convicted of human rights violations during
the military government under Augusto
Pinochet. At the end of the year, a bill was
before Congress to deny the possibility of
parole for those convicted of crimes
against humanity.
A law establishing the crime of torture in
Chilean law came into force in November. In
September, Chile was one of the countries
listed by the UN Subcommittee on
Prevention of Torture as having delayed
complying with the Optional Protocol to the
UN Convention against Torture, because of
the absence of a national mechanism for the
prevention of torture.
INDIGENOUS PEOPLES’ RIGHTS
In January, Congress established a
commission to investigate violence in
Araucanía, the region most affected by land
conflicts involving the Mapuche. The
commission focused on crimes allegedly
committed by the Mapuche as a form of
protest. However, continued allegations of
excessive use of force and arbitrary
detentions during police operations against
Mapuche communities were not investigated
as they did not fall within the commission’s
mandate. The Chamber of Deputies
approved the commission’s conclusions
in September.
In May, the Inter-American Commission on
Human Rights extended the precautionary
measures ordered in October 2015 in favour
of Mapuche leader Juana Calfunao. These
measures sought to protect additional
members of her family living in the
community of Juan Paillalef in the south of
Chile from threats to their life and integrity
related to a land dispute.
In August, photographer Felipe Durán and
Mapuche community member Cristián
Levinao were found not guilty of all charges.
The two men had been accused of illegal
possession of weapons and drug
offences and held in preventive detention for
over 300 days.
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