A/HRC/41/6/Add.1
Constitution requires that they first be approved by the National Congress; a process which
does not have a set duration.
16.
Chile takes note of recommendation 125.52, considering that the Supreme Court has
ruled on the non-applicability of Decree-Law No. 2.191 on the understanding that statutory
limitations are not applicable to crimes against humanity. As a result, the courts have
continued to prosecute and convict perpetrators of human rights violations committed
between 1973 and 1990.
17.
Chile notes recommendation 125.53 in its entirety. In Chile the death penalty has
been abolished and may only be applied exceptionally by military courts in times of war.
18.
The Government notes recommendation 125.61. This is because the Chilean legal
system, as it stands, already has the necessary legal mechanisms to prevent and punish any
excesses by the police.
19.
The Government notes recommendation 125.62. It does so because current domestic
legislation already sets out the necessary procedures to ensure that the Forces of Order and
Public Security operate within the framework of the rule of law. Moreover, the legislation
also provides for mechanisms to investigate and punish any kind of abuse by those forces,
regardless of the context in which such abuses might occur.
20.
The Government notes recommendation 125.75. This is because the Chilean legal
system currently provides for mechanisms enabling the prompt, impartial and effective
investigation of police abuses, while the judiciary is able to determine the corresponding
penalties and any redress that might be appropriate.
21.
The Government notes recommendation 125.81. This is because the Chilean legal
system currently provides for mechanisms enabling the prompt, impartial and effective
investigation of allegations of enforced disappearances which may have occurred in the
country. Chile renews its commitment to the Working Group on Enforced or Involuntary
Disappearances of the Human Rights Council.
22.
Recommendation 125.82 is noted. The Government states its intention to continue
implementing the reparation measures established for victims of human rights violations
which occurred during the dictatorship.
23.
Recommendations 125.103, 125.104 and 125.105 are noted. This is because they
relate to a subject on which it is not possible to guarantee a legislative outcome.
24.
The Government takes note of recommendation 125.129. It does so on the
understanding that the reference to “legal abortion” relates only to the grounds described in
Act No. 21.030 and is not intended to include other grounds, and respects the legal
framework established by national institutions to regulate this issue.
25.
Chile takes note of recommendations 125.236, 125.237 and 125.244. This is because
in Chile, antiterrorism legislation is applied only to persons who engage in the criminal
conducts that are defined by law, without discrimination based on origin or race.
26.
Chile notes recommendation 125.259. It does so because the migration bill currently
under discussion in the National Congress is consistent with international human rights
standards in this area.
27.
Recommendation 125.264 is noted. Chile currently guarantees, through its
regulations and institutional practice, the rights of all persons who for legal reasons are
expelled from the country.
Recommendations not accepted by the Government of Chile
28.
Recommendation 125.37 is not accepted, considering that Chilean migration rules
are in conformity with existing international law, which permits the restriction of crossborder traffic as necessary to protect public safety, order, health or morals. The application
of these rules does not rely on discriminatory criteria such as nationality.
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