Document #1115650
IRB – Immigration and Refugee Board of Canada (Author)
Please find attached two 1996 articles that
report on cases of domestic violence in Chile and on the treatment
these cases receive by the courts, which adds to the information
provided in previous Responses to Information Requests on the
subject. A representative of the National Service of Women
(Servicio Nacional de Mujeres, SERNAM) in Chile stated that
statistics of cases handled by the courts according to the law on
intra-family violence exist only for a few localities (20 Nov.
1996). Although these statistics were not available by the deadline
of this Response, the source stated that there are some regional
differences in the application of the law (ibid.). A study of the
law, its achievements and shortcomings, is currently being prepared
and will be published by SERNAM in January 1997 (ibid.).
In addition to the information provided by
SERNAM and other sources in this and previous Responses, a
representative of the juridical department of the Social Aid
Foundation of Christian Churches (Fundacion de Ayuda Social de las
Iglesias Cristianas, FASIC) in Santiago provided the following
comments on the law of intra-family violence (19 Nov. 1996).
The law, which came into force in August
1994, is being applied. A case can be denounced (denuncia)
to the police forces Carabineros or Investigaciones. From there it
can go before a judge of a civil court (juez civil) or, if
the case can be qualified as a crime (delito), it is heard
before a judge of a criminal court (juez del crimen);
there are no "family courts" (ibid.).
The mental health teams that could attend
to victims are insufficient; the assistance centres are essentially
walk-in clinics (consultorios) in population centres where
they deal with various health issues. FASIC had a social and
psychological program for intra-family violence, where many cases
referred by the courts were given service, but this program was
eliminated due to a lack of funding. As protection for the victims
of intra-family violence, a judge can decree that the victim or the
aggressor leave the home, and order support payments. There are
services like the National Service of Women (SERNAM), which sets up
centres for disseminating information on women's rights and
publishes handbooks, among other things (ibid.).
This Response was prepared after
researching publicly accessible information currently available to
the DIRB 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.
References
Fundacion de Ayuda Social de las
Iglesias Cristianas (FASIC), Santiago. 19 November 1996. Fax
received by the DIRB.
Servicio Nacional de Mujeres (SERNAM),
Santiago. 20 November 1996. Telephone interview with national
program coordinator.
Attachments
Inter Press Service (IPS). 8 May 1996.
Gabriel Canihuante. "Chile-Children: Child Abuse-New Attention to
an Old Problem." (NEXIS)
La Nacion [Santiago, in
Spanish]. 24 June 1996. Lezak Shallat. "Domestic Violence Hits Deep
in Chilean Society." (CHIP News )