📋 Tender Overview
The Human Rights Commission of the Chamber of Deputies and Deputies continued to collect information on the States response to the complaints of human rights violations that occurred as of October 18 2019. To do this she listened to organizations from the communes of La Florida and Puente Alto and university specialists in advanced studies on international treaties on the subject.The representative of the La Florida Human Rights Board which has been in operation since 2016 and coordinator of the Nido 18 memory site Ximena Tapia stated that it was demonstrated that during the social outbreak the protocol for the use of the police force with the excessive use of weapons against the protesters and with numerous arbitrary arrests.In addition it considered the sexual violence in the detention of adult men and women as well as young people to be serious listing that there are complaints about total or partial undressing touching rape threats of rape verbal abuse and beatings . In that sense Tapia raised how is moral damage to minors repairedOn the other hand he stated that many young people remained crammed into police vans for hours so as not to be included in the detainee records and others who were injured were not taken to find injuries.Injured without careAlina Sandoval from the October 18 Association of Puente Alto and San Jos de Maipo emphasized to the commission that after that date there was repression of national protest and State terrorism and denounced that many injured were not treated at the Stero Hospital del Ro or in the doctors offices.In turn Rodrigo Villegas a lawyer for the organization indicated that they have filed 40 complaints - and are preparing more - for torture and unlawful coercion in the Puente Alto courts but that they were not considered by the NHRI for not representing emblematic cases. He argued that among the victims there are wounded with non-extracted pellets and young women who have not received medical or psychological assistance .He added that in addition to serious pressure there are young people who have been kidnapped taken for a walk beaten in police cars and taken down on the hill to simulate shootings. In addition he also pointed out that adolescents were not taken to find injuries.Finally Villegas called on the National Prosecutors Office to appoint special prosecutors for these cases and to provide more empathetic treatment to young victims who have been sexually abused. Likewise in the session Isabel Severn and Pietro Sferranza professors in advanced studies in human rights from the Andrs Bello University presented.In the first place Severn referred to the use of kinetic impact projectiles in social demonstrations and the number of victims left between October 17 2019 and March 13 2020 which reached 1880 injured of which 460 had eye injuries. He added that this last figure which occurred in 5 months in Chile doubles the world number of eye victims in the last 27 years according to the 1990-2017 Medical Journal Study.He added that regarding the complaints presented the information from the INDH considers that there were 1432 while the Supreme Courts study center puts them at 1549 of which around 1000 correspond to illegitimate coercion and another 300 to torture. It indicated that in the appeals presented the main accused as responsible for unlawful coercion is Carabineros with 93 of these followed by the Armed Forces for the crime of torture.For his part Pietro Sferranza spoke about Human Rights standards in relation to the use of force and kinetic impact projectiles PIC mainly those established in the UN guide on less lethal weapons of 2019. Among them legality precaution necessity proportionality and accountability.Regarding legality Chile would not comply with having a clear and accessible legal norm but only one of an administrative nature and of low rank which corresponds to a self-regulation of the Carabineros that would not comply with the constitutional legal reserve he said.As for precaution the aforementioned guide establishes that no harm should be caused to people. In this item she said that prior testing was not carried out by organizations other than the Carabineros and that training is scarce with only a 10-hour course on less lethal weapons. In addition PICs contain metal in high density which makes their dispersion inaccurate even exceeding one meter in diameter explained Sferranza.Regarding necessity and proportionality he stated that the use of force is the last resort to use only in cases of extreme gravity and to protect peoples lives. Here it was even used to repel attacks on barracks he questioned. In turn it stated that the reports of different Human Rights organizations confirmed that their use was unlawful without the regulatory distance thrown to the upper part of the body and to protected persons such as children older adults and pregnant women among others.Finally the academic considered that the State should investigate the cases in criminal courts and make reparations to the victims since there is still no conviction in this regard. And on the other hand he called the Carabineros to report on the thousand existing summaries and if there are people sanctioned.
