Related Rule
Chile
Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Under Chile’s Code of Military Justice (1925), seriously injuring prisoners of war and committing acts of serious violence against civilians, the wounded, sick and prisoners of war are considered an “offence against international law”. 
Chile, Code of Military Justice, 1925, Articles 261(1) and 262.
In its judgment in the Benado Medwinsky case in 1980, Chile’s Appeal Court of Santiago denounced the torture inflicted on the plaintiff. It held that the state of emergency could not justify the torture in question, which was an assault on the life and physical integrity of the person. 
Chile, Appeal Court of Santiago, Benado Medwinsky case, Judgment, 29 July 1980.
In its judgment in the Videla case in 1994 concerning the abduction, torture and murder of Lumi Videla in 1974, Chile’s Appeal Court of Santiago stated that common Article 3 of the 1949 Geneva Conventions obliged parties to non-international armed conflicts “to extend humanitarian treatment to persons taking no active part in the hostilities or who have placed themselves hors de combat for various reasons, and prohibits at any time and in any place … cruel treatment and torture, humiliating and degrading treatment”. The Court found that the acts charged constituted grave breaches under Article 147 of the 1949 Geneva Convention IV and that the prison order issued against the defendant should therefore be upheld. 
Chile, Appeal Court of Santiago (Third Criminal Chamber), Videla case, Judgment, 26 September 1994.
In its judgment in the Contreras Sepúlveda case in 2004, Chile’s Supreme Court stated that “there is no legal basis whatsoever for detaining persons and taking them to secret detention centres, nor [is it lawful] to torture them”. 
Chile, Supreme Court, Second Chamber, Contreras Sepúlveda case, Case No. 2182-98, 17 November 2004, § 24.
In 1994, in its second periodic report to the Committee against Torture, Chile stated under the heading “Definition and Punishment of Torture under the Internal Legal Order”:
11. … the prohibition of any ill-treatment is embodied in article 19 (1) (4) of the Political Constitution of the State. Torture is defined in article 150 of the Penal Code, which, under the section entitled “Crimes and ordinary offences affecting the rights guaranteed by the Constitution”, refers to public officials who “apply torture or practise unnecessary severity” subjecting them to penalties varying from 61 days to 5 years.
12. In addition, article 330 of the Code of Military Justice imposes penalties ranging from 41 days (if no injuries or only light injuries are inflicted) to 15 years (if the injured party dies as a result) on members of the armed forces who use or arrange for the use of unnecessary violence.
13. Section IV, article 19, of the Chilean Police Department Organization Act (Decree-Law No. 2460) “prohibits officials of the Chilean Police Department from committing any act of violence designed to obtain statements from a prisoner”. The penalties imposed on persons breaking this rule are of the same range as those laid down in the above-mentioned article of the Code of Military Justice.
23. Article 6 of the Regulations provides that “no prisoner shall be subjected to torture or cruel, inhuman or degrading treatment, whether verbal or physical, nor to unnecessary severity in the application of the present Regulations”. Articles 69 and 70 indicate that breaches of discipline by Gendarmería [prison service] officials which might constitute offences, and the application “of punishments other than those stipulated, or administered by officials other than those empowered by these Regulations”, shall give rise to administrative penalties, without prejudice to any criminal liability deriving from such acts. 
Chile, Second periodic report to the Committee against Torture, 1 March 1994, UN Doc. CAT/C/20/Add.3, submitted 16 February 1994, §§ 11–13 and 23.
In 1994, during the consideration of the second periodic report of Chile before the Committee against Torture, a representative of Chile stated:
With regard to domestic legislation to define and punish torture, … a bill … [has] been introduced in 1993 to amend the Code of Penal Procedure and the Penal Code with regard to detention, safeguards for detainees and severer punishment for the use of illegal pressure or torture. That legislation … would also require the Public Prosecutor to institute proceedings against any persons accused of committing such offences. 
Chile, Statement by the delegation of Chile before the Committee against Torture during the consideration of the second periodic report of Chile, 14 November 1994, UN Doc. CAT/C/SR.191, § 8.
In 2002, in its third periodic report to the Committee against Torture, Chile stated:
[There is] an obligation to display in a clearly visible place in every detention centre a separate placard showing the rights of the detainee … The placard must mention the following rights [including]: … (5) The right not to be subjected to torture or cruel, inhuman or degrading treatment. 
Chile, Third periodic report to the Committee against Torture, 28 October 2002, UN Doc. CAT/C/39/Add.14, submitted 18 February 2002, § 34.
Chile further stated:
[C]ertain forms of cruel, inhuman or degrading treatment or punishment which do not amount to torture are provided for and punished in the old article 150 of the Penal Code. In addition to the new article 150 A, which punishes the offence of torture as such, this amendment added to the Penal Code article 150 B, which is applicable to private individuals participating in the offences characterized both in article 150 and in article 150 A … In addition, article 255 of the Penal Code establishes the penalties of suspension from employment and a fine for any public employee who, in the course of his duties, perpetrates ill-treatment or unlawful or unnecessary coercion against an individual. 
Chile, Third periodic report to the Committee against Torture, 28 October 2002, UN Doc. CAT/C/39/Add.14, submitted 18 February 2002, § 116.
Chile also stated:
[S]since 1995 the Code of Professional Ethics has been in force. These are regulations which are binding on Investigaciones [Investigations] Police officers. Article 3 of the Code states: “In the performance of their duties, Chilean Investigaciones Police officers shall respect and protect the dignity of persons and human rights. In no circumstances may the police investigator inflict, instigate or tolerate any type of physical or psychological ill-treatment of persons with the aim of obtaining information or confessions in order to clarify offences. Unlawful, inhuman or degrading treatment or torture may not be accepted in any circumstances. …”. 
Chile, Third periodic report to the Committee against Torture, 28 October 2002, UN Doc. CAT/C/39/Add.14, submitted 18 February 2002, §91.
Chile further stated:
The regulations relating to states of emergency were amended in 1989. One of the changes made through the constitutional reform of that year permitted … applications for protection, which safeguards a person’s right to protection from physical and mental injury, during states of alert and states of siege, the first relating to situations of external war and the second to internal war or internal disturbances. 
Chile, Third periodic report to the Committee against Torture, 28 October 2002, UN Doc. CAT/C/39/Add.14, submitted 18 February 2002, § 49; see also § 55(a).
In 2004, during the consideration of the third periodic report of Chile before the Committee against Torture, a representative of Chile stated:
[T]he definition of the offence of torture in the Chilean Penal Code (art. 150) might give the impression that it [does] … not correspond to that given in the first article of the Convention [1984 Convention against Torture], as it … [is] separated into three different parts: the old article 150, which … [makes] only indirect reference to torture, and the two new provisions (arts. 150 A and 150 B), which … [contain] the elements of the definition. According to the Penal Code, the perpetrators of the offence of torture … [can] be not only public servants but also any other persons who committed such acts. Torture and ill-treatment … [can] be inflicted in respect of a person deprived of his liberty, but the physical place where torture … [can] be committed … [is] not limited to prison compounds or detention centres. 
Chile, Statement by the delegation of Chile before the Committee against Torture during the consideration of the third periodic report of Chile, 21 May 2004, UN Doc. CAT/C/SR.605, § 5.
In 2006, in its fifth periodic report to the Human Rights Committee, Chile stated:
126. The offence of torture together with penalties commensurate with its gravity did not exist in Chilean criminal legislation until the reform of the Criminal Code in July 1998. Prior to this reform, torture was not a criminal offence. In order to punish acts constituting torture, recourse was had to article 150 of the Criminal Code, which punished persons who “order or unduly prolong the incommunicado detention of unconvicted prisoners, cause them physical suffering or treat them with unnecessary severity”, and also persons who “arbitrarily cause them to be arrested or detained in places other than those designated by law”. These offences cover physical harm only and do not provide for the possibility that torture may involve acts causing psychological harm.
127. As a result of the reform, article 150 A was added to the Criminal Code, laying down specific punishments for the offence of torture by establishing appropriate penalties for public employees who practise it. The provision covers physical and mental harm and punishes anyone who orders torture, consents to its use or, being aware of the situation, does not prevent or put a stop to it when he or she has the power to do so.
128. Article 330 of the Code of Military Justice, which is applicable to personnel of the armed forces and the Carabineros [police], punishes all such personnel who “in executing an order from a superior or in the exercise of their military duties employ, or cause to be employed, without due reason, unnecessary violence in the execution of the acts which they are required to perform”. …
131. Under the new Code of Criminal Procedure, accused persons enjoy various rights from the moment proceedings are initiated … One such right is the right “not to be subjected to torture or other cruel, inhuman or degrading treatment”. 
Chile, Fifth periodic report to the Human Rights Committee, 5 July 2006, UN Doc. CCPR/C/CHL/5, submitted 7 February 2006, §§ 126–128 and 131; see also §§ 133 and 149.
[footnotes in original omitted]
In 2006, in its fifth periodic report to the Human Rights Committee, Chile stated:
126. The offence of torture together with penalties commensurate with its gravity did not exist in Chilean criminal legislation until the reform of the Criminal Code in July 1998. Prior to this reform, torture was not a criminal offence. In order to punish acts constituting torture, recourse was had to article 150 of the Criminal Code, which punished persons who “order or unduly prolong the incommunicado detention of unconvicted prisoners, cause them physical suffering or treat them with unnecessary severity”, and also persons who “arbitrarily cause them to be arrested or detained in places other than those designated by law”. These offences cover physical harm only and do not provide for the possibility that torture may involve acts causing psychological harm. [Footnotes omitted.]
127. As a result of the reform, article 150 A was added to the Criminal Code, laying down specific punishments for the offence of torture by establishing appropriate penalties for public employees who practise it. The provision covers physical and mental harm and punishes anyone who orders torture, consents to its use or, being aware of the situation, does not prevent or put a stop to it when he or she has the power to do so. …
128. Article 330 of the Code of Military Justice, which is applicable to personnel of the armed forces and the Carabineros [police], punishes all such personnel who “in executing an order from a superior or in the exercise of their military duties employ, or cause to be employed, without due reason, unnecessary violence in the execution of the acts which they are required to perform”. …
131. Under the new Code of Criminal Procedure, accused persons enjoy various rights from the moment proceedings are initiated … One such right is the right “not to be subjected to torture or other cruel, inhuman or degrading treatment”. 
Chile, Fifth periodic report to the Human Rights Committee, 5 July 2006, UN Doc. CCPR/C/CHL/5, submitted 7 February 2006, §§ 126–128 and 131; see also §§ 133 and 149.