A/HRC/32/36/Add.1
implementation. Police abuses committed in the context of protests, as reported in the next
section of this report, provide apt examples.
38.
In conclusion, the Special Rapporteur calls upon the authorities, in particular the
human rights unit within the police, to genuinely and thoroughly review the police
protocols and ensure that they comply with international human rights norms and standards.
He especially recommends that the authorities take into account as a useful guidance tool
on the matter the joint compilation of practical recommendations for the proper
management of assemblies16 that he and the Special Rapporteur on extrajudicial, summary
or arbitrary executions presented to the Human Rights Council in March 2016, as well as
the present report. Furthermore, it is essential that INDH and other relevant experts from
civil society be consulted in this review process in a meaningful manner. The Special
Rapporteur is available to provide technical assistance in this regard as deemed necessary.
2.
Management of protests in practice
Overview
39.
In recent years, Chileans have taken to the streets to demand reforms in relation to
education, social inclusion and decentralization, with the number and intensity of protests
peaking in 2011. With some notable exceptions, the majority of these protests took place in
a peaceful manner. However, during his visit, the Special Rapporteur heard several reports,
including directly from victims, of excessive use of force and sexual harassment of
protesters by the police special forces.
40.
Such reports are in line with the concern expressed by the Human Rights Committee
during its consideration of the sixth periodic report of Chile, in 2014, when it was
“particularly concerned by cases involving the excessive use of force during public protests
and the infliction of torture during the transfer and detention of persons, as well as by
allegations about the police committing acts of sexual violence against girls and women
during student protests”.17
41.
The Special Rapporteur makes a distinction between ordinary police officers, who
reportedly fulfil their functions adequately and who enjoy respect among the population,
and the police special forces, who allegedly regularly use excessive force when managing
protests. He notes the statement by the Ministry of the Interior that police special forces are
elite forces who receive special training. However, in the light of the several concerns
expressed about their interventions in the context of protests, the Special Rapporteur
questions the effectiveness and appropriateness of such training.
42.
The police special forces have reportedly used rubber bullets, paintball guns, tear
gas and water cannons when policing protests, sometimes with tragic consequences. In
2011, Manuel Gutierrez Reinoso, aged 16, was shot dead by a police officer during a
protest in Santiago. In 2013, Enrique Eichin, while on his way home after taking part in a
protest for better education, in Santiago, was hit by a paintball bullet fired by a police
officer, which caused him to lose the sight in his right eye. Similarly, in 2008, Victor Salas,
a photojournalist, lost the sight in his right eye after being beaten by a police officer in
Valparaiso. In May 2015, Rodrigo Avilez, who was participating in a student protest in
Valparaiso, was unconscious for two months owing to the inappropriate use of a water
cannon. In 2011, a 16-year-old boy had his jaw broken by a police officer during a protest.
16
17
A/HRC/31/66.
See CCPR/C/CHL/CO/6, para. 19.
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