A/HRC/41/6/Add.1 29. Recommendation 125.74 is not accepted. This is because alleged police abuse in the context of peaceful protests are investigated and, if the facts are proven to be true, punished. 30. Recommendation 125.87 is not accepted. This is because domestic law not only recognizes but also guarantees freedom of expression and protects the right of assembly through various constitutional, legal and administrative mechanisms. 31. Recommendation 125.89 is not accepted owing to the use of the verb “refrain”. Under the rule of law, national legislation applies to all citizens equally. The antiterrorism law applies to all those who engage in the criminal conducts that are defined therein. For that reason, there can be no prior exemption of individuals from the application of the law on the grounds of their ethnic origin or belonging to a certain group. 32. Recommendation 125.91 is not accepted. This is due to the fact that the Public Prosecution Service, in the exercise of its legal powers, conducts investigations in which the principles of legality, necessity and proportionality are upheld. In the event of their infringement, there are jurisdictional mechanisms to safeguard respect for these principles. 33. Recommendations 125.126, 125.127, 125.132 and 125.133 are not accepted because Act No. 21.030, which decriminalizes the voluntary termination of pregnancy, provides for the possibility that persons or institutions may invoke conscientious objection. In the case of persons, a surgeon who is requested to terminate a pregnancy on the basis of one of the three legal grounds may express his or her conscientious objection to the director of the health facility. The same right extends to the members of the team that would perform the procedure. The requirements and process for invoking conscientious objection are regulated by Decree No. 67 of 2018 and by the Act itself. Both instruments require the development of protocols to ensure that women receive care, through referral either to non-objecting personnel or to another facility that is able to carry out the procedure. 34. Recommendations 125.130, 125.131 and 125.134 are not accepted owing to the entry into force, following a broad democratic debate, of Act No. 21.030, which decriminalized the voluntary termination of pregnancy on three grounds: danger to the woman’s life, lethal fetal non-viability and pregnancy due to rape. The expansion of these grounds, which were agreed within the National Congress, is not envisaged. In addition, national legislation expressly protects motherhood and provides for special support for vulnerable pregnant women. 35. Chile does not accept recommendation 125.241. The bill amending national antiterrorism legislation does not envisage creating exceptions to its general application. 36. Chile does not accept recommendation 125.260. This is because the rights of Bolivian citizens in transit to Pacific ports are guaranteed by national legislation and the implementation of that legislation by public institutions. Recommendations partially accepted and partially noted by the Government of Chile 37. The Government notes recommendation 125.85, while pointing out that the statement “many victims and their families still have not received the appropriate reparations from the State” is not consistent with the substantial effort Chile has made in pursuing reparation policies for the victims of the dictatorship. It accepts the rest of the recommendation. 38. Recommendation 125.193 is noted only in respect of the phrase “establish an independent commission”, given that the Public Prosecution Service – an autonomous body under the Constitution – is already investigating cases of deaths and reported abuse of children and adolescents under the care of the National Service for Minors, and that, if applicable, the judiciary will determine the corresponding penalties and any redress that might be appropriate. The remainder of the recommendation is accepted. 5

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