Relations between the police and homosexuals or bisexuals; avenues of redress open to homosexuals or bisexuals who experience violence, discrimination or harassment from the police [CHL40645.E]

The attached documents and information that follows add to the information provided in CHL39715.F of 8 August 2002, CHL39413.E of 6 August 2002 and CHL37939.E of 31 January 2002 on police relations with the homosexual community and protections available.

The attached include two articles that describe an annual report on the situation of homosexuals in Chile for the year 2002, published by the Movement of Homosexual Integration and Liberation (Movimiento de Integración y Liberación Homosexual, MOVILH).These articles refer to 46 homophobic incidents reported for that year, as well as advances or positive developments affecting the homosexual community.

The MOVILH report names the Carabineros police force as one of several institutions responsible for cases of homophobia (MOVILH 31 Dec. 2002). After publication, MOVILH added to its report two more cases of alleged homophobia (MOVILH 11 Jan. 2003). In regards to the police, the annual report mentions five cases of arbitrary arrest or mistreatment by Carabineros police officers, and neglect in the investigation of six deaths or murders that occurred in 2002, where three of the deceased were gay men and three were transvestite sex workers (ibid.).

The advances reported by MOVILH for 2002 included the opening of a case against police officers by a military prosecutor, after MOVILH filed a complaint alleging that police had violated the rights gays in a particular case (ibid. 31 Dec. 2002). Another advance noted by MOVILH included the intervention of the Supreme Court in a case related to a deadly fire at a discotheque in Valparaiso in 1993, after MOVILH presented previously unpublished information on the matter (ibid.).

More recently, after a meeting with MOVILH activists and relatives of a young gay man found dead in May 2002, the chief of the Investigations Police announced he would look into the case (MOVILH 7 Jan. 2003). The chief of police reportedly received at the meeting evidence that the case had not been properly handled by police, and he offered to address the problem (ibid.). The young man's death reportedly occurred near a Carabineros party taking place that night, and a number of incidents indicated improper actions by Carabineros police officers (ibid.).

In addition to the above, an article attached to CHL40757.E of 21 March 2003 includes a reference to allegations of police harassment of transvestite sex workers (IPS 11 Oct. 2002). The article also refers to the unsolved status of murders of transvestites; however, the document does not elaborate on those murders nor on the nature of the alleged police harassment (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.


Inter Press Service (IPS). 10 January 2003. Gustavo González. "Rights3/4Chile: First Annual Report on Discrimination Against Gays." (NEXIS)

_____. 11 October 2002. Gustavo González. "Chile: Gays Advocate Legal Reforms to Fight Discrimination." (NEXIS)

Movimiento de Integración y Liberación Homosexual (MOVILH), Santiago. 11 January 2003. "Definitivo: 48 casos de homofobia se registraron en Chile durante el 2002." [Accessed 21 Mar. 2003]

_____. 7 January 2003. "Jefe máximo de Policía Civil estudiará extraña muerte de joven gay chileno." [Accessed 20 Mar. 2003]

_____. 31 December 2002. "Informe reporta 46 casos de homofobia y 9 hitos del movimiento homosexual en el 2002." detalle.asp?offset=6&Id=61 [Accessed 20 Mar. 2003]


Inter Press Service (IPS). 10 January 2003. Gustavo González. "Rights3/4Chile: First Annual Report on Discrimination Against Gays." (NEXIS)

Latinamerica Press [Lima]. 15 January 2003. Vol. 35, No. 1. "Chile: Homosexuals Targeted."