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The prohibition of torture in the Chilean Penal Code: Interpretation and application of article 150 A in national jurisprudence
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Abstract
The absolute prohibition of torture constitutes a norm of ius cogens in international law, from which specific obligations derive for States, including the obligation to criminalise torture in domestic law, to investigate it with due diligence and to punish it with penalties appropriate to its gravity. This article addresses the evolution of the criminalisation of torture in Chile, eight years after the enactment of Law 20,968 of 2016, and analyses its interpretation and application in national jurisprudence, identifying the main advances and challenges in this area, in accordance with international human rights law standards.
