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Medidas de protección frente a tortura en el contexto penitenciario chileno: deficiencias institucionales y victimización secundaria

Translated title of the contribution: Protection Measures against Torture in the Chilean Prison Context: Institutional Deficiencies and Secondary Victimization

Research output: Contribution to journalArticlepeer-review

Abstract

This article analyzes the implementation of protective measures for victims of torture and unlawful coercion in Chilean prisons, focusing on the role of Criminal Guarantee Courts and the Public Prosecutor's Office. Based on 122 legal cases (2019– 2022) in which the National Institute for Human Rights (INDH) acted as complainant, the study identifies systematic delays and rulings lacking proper justification. The most common measures—judicial visits and confidentiality of records—are insufficient given the seriousness of the allegations. More robust responses, such as removing accused officers or providing specialized psychological care, are rarely adopted. Additionally, the Public Prosecutor seldom acts ex officio, leaving procedural initiative to the INDH. These shortcomings reinforce patterns of institutional neglect. The article concludes that institutional reforms are urgently needed, along with stronger judicial and prosecutorial engagement and the effective incorporation of both a human rights framework and intersectionality into daily legal practice.

Translated title of the contributionProtection Measures against Torture in the Chilean Prison Context: Institutional Deficiencies and Secondary Victimization
Original languageSpanish
Pages (from-to)2230-2260
Number of pages31
JournalOnati Socio-Legal Series
Volume15
Issue number6
DOIs
StatePublished - 1 Dec 2025

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