ANNUAL REPORT 2017

ANNUAL REPORT 2017

Text Patricia Le-Bert Editing Paulina Leiva Translation Gina Edwards Design Draft, in collaboration with Felipe Ramírez Photography Fundación Amparo y Justicia Printing Maxhuber

ABOUT US

ABOUT US 02

PRESIDENT’S LETTER

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VISION AND MISSION

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OUR STORY

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BOARD OF DIRECTORS AND ADVISERS

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TEAM

LEGAL AND PSYCHOSOCIAL INTERVENTION 08

COMPREHENSIVE SUPPORT

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BETTER QUALITY OF LIFE SUPPORTS THE HEALING PROCESS

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GRIEF AMONG SIBLINGS

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KATERINE LEIVA: “WITH AMPARO Y JUSTICIA, I HAVEN’T FELT ALONE”

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LISTENING AND GUIDING

PREVENTING SECONDARY VICTIMIZATION 14

LAW ON VIDEO RECORDING INTERVIEWS, A DECADE FOR APPROVAL

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CHANGES AND IMPROVEMENTS INVOLVED IN THE LAW ON VIDEO RECORDING INTERVIEWS

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KEY POINTS OF THE LAW

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IMPORTANCE OF PROPER IMPLEMENTATION

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IMPLEMENTATION IN THE REGIONS

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SUPPORT FOR THE CAMPAIGN “DO NOT ASK ME ANY MORE” (“NO ME PREGUNTEN MÁS”)

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THE FOUNDATION’S ROLE DURING THE PROCESS

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VIDEO RECORDED INVESTIGATIVE INTERVIEW: THE TECHNIQUE TO BE USED IN CHILE

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DIPLOMA ON SEX CRIMES AGAINST CHILDREN

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DISSEMINATION OF KNOWLEDGE, AMPARO Y JUSTICIA’S SIGNATURE

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“WE STILL HAVE A CHALLENGE AS A COUNTRY”

ABOUT US

PRESIDENT´S LETTER RAMÓN SUÁREZ

PRESIDENT, FUNDACIÓN AMPARO Y JUSTICIA

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he year 2017 culminated with a milestone for childhood and adolescence in our country: after four years in process, the Law on Video Recording Interviews was approved and dispatched by the National Congress. A decade ago, Fundación Amparo y Justicia set out to help prevent the secondary victimization of child and adolescent victims of sexual crimes during their passage through the criminal justice system. In other words, we wanted to help deter any negative consequences that might arise from their participation in the legal process. To this end, the work carried out from 2007 to the present contributed to the ultimate enactment and publication of the regulations in January 2018. The first stage of the the Law on Video Recording Interviews will take effect at the start of 2019, and will adjust children’s roles as legal subjects in the criminal system. It aims to be a viable, modern, and respectful system of due process. Correct implementation of the new legal provision will be as relevant and challenging as was its processing before the National Congress, which lasted nearly four years. With modifications throughout the entire criminal process, it will be up to the heads of the investigation and prosecution institutions, as well as the Ministry of Justice and Human Rights to guarantee their effective and

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ABOUT US

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IT IS OUR FIRM INTENTION TO CONTINUE ADDRESSING NEW CHALLENGES THAT ALLOW US, AS A CIVIL SERVICE ORGANIZATION, TO CONTRIBUTE TO A COUNTRY THAT IS MORE JUST AND RESPECTFUL OF THE RIGHTS OF CHILDREN AND ADOLESCENTS”.

appropriate application of the new requirements. Meeting the established objectives will require interinstitutional coordination, regulation, and proper protocols. It is the Foundation’s desire to continue collaborating in the implementation of the legal provisions through technical evidence and awareness raising activities aimed at the authorities and the community. The aforementioned milestone resulted from nearly 20 years of the Foundation’s existence, during which we have defended the rights of children and adolescents an experience that has moved, impacted, and taught us a great deal. Mobilized by the pain of the parents, brothers, sisters, and grandparents we have assisted, we realized the necessity of expanding our range of actions, with the ultimate goal of contributing to improvements in public policy for children and adolescent, as well as the welfare of child and adolescent victims of sex crimes and their families. This Annual Report contains the most important milestones of our work and commitment. It also contains relevant information regarding the implications and scope of the Law on Video Recording Interviews, in order to contribute to the work of the members of the institutions of the Criminal Justice System. It is our firm intention to continue addressing new challenges that allow us, as a civil service organization, to contribute to country that is more just and respectful of the rights of children and adolescents.

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2017 ANNUAL REPORT | FUNDACIÓN AMPARO Y JUSTICIA

VISION MISSION

We promote respect of the rights of children and adolescent victims of sexual crimes and their families to build a more just Chile.

We seek to prevent the secondary victimization of children and adolescents through public policy research and specialized training for professionals in the justice system. By applying our comprehensive intervention model, we facilitate access to justice and psychosocial recovery for families who have lost a son or daughter as a result of a rape and homicide.

ABOUT US

OUR STORY THE FOUNDATION WAS CHILE’S FIRST NONPROFIT ORGANIZATION TO DELIVER LEGAL, PSYCHOLOGICAL, AND SOCIAL SUPPORT TO FAMILIES WHO HAVE SUFFERED THE LOSS OF A SON OR DAUGHTER FROM A RAPE AND HOMICIDE.

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he origin of Fundación Amparo y Justicia goes back to 1996, when a brutal crime shook the whole country: Elena Yáñez Roa, a five-yearold girl, was raped and murdered in Talcahuano by an acquaintance of her grandparents. In 1998, a trial judge sentenced the perpetrator to death. However, the Concepción Court of Appeals subsequently reduced the sentence to life in prison. The resolution sparked a national debate, even more so when the family’s state-provided lawyers abandoned the case to avoid participating in the Supreme Court’s hearing of the appeal to review the ruling. When businessman Andrónico Luksic Craig heard about the defenselessness of the family through the media, he gathered a group of experienced lawyers to represent them for free. That same year, there were three other sexual assaults and homicides of children in Chile, with the families needing not only

adequate legal advice, but also psychological and social support. Since then, Fundación Amparo y Justicia has continued providing this comprehensive and interdisciplinary support to fathers, mothers and siblings throughout the country. It has also raised awareness about the importance of better public treatment of the victims, especially those most vulnerable. In 2007 Amparo y Justicia set out to tackle a new challenge: contribute to the prevention of the pain suffered by thousands of child and adolescent victims of sexual crimes during their passage through the criminal justice system. Through support for families that have lost a son or daughter in a homicide associated with sexual crimes, policy research on children and the investigative and judging procedures, and training for criminal justice officials, the Foundation seeks to prevent additional victimization that affects children, adolescents, and families.

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BOARD OF DIRECTORS President Ramón Suárez Attorney

Secretary Alejandro Espinoza Attorney

Vice President Andrónico Luksic Businessman

Treasurer Rodrigo Terré Civil Engineer

Director Verónica Reich Psychologist

ADVISERS Solange Bertrand Psychologist, Chile

Joanna Heskia Attorney, Chile

Ciro Colombara Attorney, Chile

María Elena Santibáñez Attorney, Chile

David La Rooy Doctor of Psychology, United Kingdom Nick Quine Sergeant (r), United Kingdom Lorena Vivanco Forensic Pediatrician, United States

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ABOUT US

TEAM

GENERAL MANAGER Paulina Leiva [email protected]

TECHNICAL ADVISERS Ignacia Humenyi [email protected]

PUBLIC POLICIES COORDINATOR Catalina Fernández [email protected]

María Asunción Luksic [email protected]

LEGAL COORDINATOR Diego Izquierdo [email protected] PSYCHOSOCIAL COORDINATOR Magaly Molina [email protected] TRAINING COORDINATOR Carolina Puyol [email protected] CHIEF OF COMMUNICATIONS Patricia Le-Bert [email protected] ADMINISTRATION MANAGER Roberto Molina [email protected] PROJECT ASSISTANT Daniela Castillo [email protected] DIGITAL CONTENT MANAGER Felipe Ramírez [email protected]

Rocío Acosta [email protected] Pedro Toledo [email protected] Francisco García [email protected]

ADMINISTRATION ASSISTANT Aldo Pesce [email protected] SECRETARY Soledad Rojas [email protected] ASSISTANT Gilberto Hernández [email protected]

LEGAL AND PSYCHOSOCIAL INTERVENTION

COMPREHENSIVE SUPPORT

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rom the first case of rape with child homicide taken on by Amparo y Justicia, it was evident that families not only required expert legal advice; their right to justice went hand in hand with the need for both psychological and social recovery as well.

As the first nonprofit organization to deliver comprehensive, specialized and multidisciplinary assistance, Foundation’s intervention model has been refined in the accordance with the development of public policies and state benefits for victims of this type of crime. The Foundation works with lawyers who have extensive experience in litigating cases of rape with homicide against children and adolescents. In the nearly 40 cases the Foundation has dealt with since 1998, maximum penalties under Chilean law have been achieved. In addition, permanent guidance is given to the direct relatives of the victims. Psychological and social care involves the whole family, including not only the initial intervention phase after a crisis, but also the different stages of grief, through a comprehensive evaluation of their needs. The process of rebuilding their lives takes into account the socioemotional, health, education, and labor issues with the development of entrepreneurship initiatives, among others. Guidance and support is provided for the efficient and effective use of public benefits.

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L E GAL AND P SYC H OS O C I A L I N T E RV E N T I O N

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The sentencing of those who commit these despicable crimes that truncate the lives of children and adolescents will not eliminate the pain felt by families. However, obtaining a fair penalty will contribute to their overcoming this loss. Hence, the expert legal advice given by Fundación Amparo y Justicia is addressed in a coordinated manner with psychological and social care”. ALEJANDRO ESPINOZA ATTORNEY AND DIRECTOR OF FUNDACIÓN AMPARO Y JUSTICIA

THE IMPORTANCE OF AVOIDING FURTHER HARM TO FAMILIES OF VICTIMS Generally speaking, cases of child homicide greatly impact public opinion and the media, even more so when a rape or sexual offense is involved. While it is positive that both society and public institutions do not ignore this type of crime, this concern sometimes results in redundant intervention with the victim’s relatives. This lack of coordination between the different support institutions takes place in the midst of the family’s period of crisis, pain and confusion, on top of constant exposure in the media. Consistent with its mission of preventing victimization caused by institutions, officials or situations other than crime itself, in 2011 Fundación Amparo y Justicia signed an agreement with the Ministry of the Interior and Public Security to complement and coordinate care provided to families, through its Victim Support Centers (CAVD). The alliance, which seeks to reduce over-intervention, has also fostered timely psychological, social and legal counseling that is effective and sustainable over time.

This strategy has made it possible to combine efforts in favor of the well-being of the victims. With the same aim, in 2012 an agreement was signed with the National Service for Minors. Likewise, when necessary, coordinated work is sought with the Victims and Witness Attention Units (URAVITs) of the Public Prosecutor’s Office, the municipalities and the Ministry of Women and Gender Equity.

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BETTER QUALITY OF LIFE SUPPORTS THE HEALING PROCESS “

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early all cases of rape with homicide that have occurred in Chile in the last two decades affected economically vulnerable families. Their immense pain following the violent loss of a daughter, son, sister, or brother is exacerbated by poor housing conditions and lack of access to healthcare and quality education. The support of Foundation professionals has allowed an improvement in the families quality of life, facilitating their recovery and healing. For example, decent housing was obtained in safe neighborhoods, thanks to coordination with the Ministry of Housing and the local municipalities. In 2017, other significant improvements were made in the health area, allowing different families to receive adequate dental, psychological, psychiatric and specialty care, through public-private partnerships. Education was an important support area that also resulted in greater welfare for those served. Higher education students were assisted and guided during the scholarship and grant applications as well as during the academic school year. Eight students were accompanied during their studies, four of which graduated in 2017. The role of facilitator assumed by the Foundation, in terms of connecting family members with public services, helps to rebuild trust in institutions, which is often reduced by the crime against their relative. Families regain their dignity through these social programs, which foster security and awareness of their abilities.

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I write these lines to thank you for this new step that I have taken in my life. Years of receiving your help allowed me to achieve my academic goals. There are no words to express how grateful I am to the Foundation for protecting me during this process. (...) I would have liked to have met them in other circumstances, but fate gives us many roads”. GRISEL FARÍAS GRADUATED IN 2017 IN PHONOAUDIOLOGY

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1 | Grisel Farías, from Hualañé, graduated in Phonoaudiology. 2 | In Alto Hospicio, Ramón Suárez, President of the Foundation, shared with mothers and fathers from the north. 3 | Constanza González, from Tomé, received a title in Audiovisual Communication. 4 | The Alto del Carmen family received the psychosocial coordinator.


GRIEF AMONG SIBLINGS “

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ourning is a process, not an emotional state”. With that statement, Magaly Molina, Psychosocial Coordinator of Amparo y Justicia, explains a new stage of the Foundation’s support for families who have lost a son or daughter in a crime of rape with homicide.

Within the framework of support given to the victim’s brothers and sisters during their higher education, enriching conversations were held in 2017. “We learned how they faced the loss and confirmed that this duel had impacted many areas of their lives, including academic performance”. What do they experience in their day-to-day life? We noted that it is difficult for families to discuss their loss and the context in which it occurred. It becomes even more complex when they have to explain what happened to the youngest children. The children realize that it is a painful issue for their parents, and so do not ask to avoid causing more suffering. Many times they carry this baggage that then creeps into adulthood. Such an unresolved traumatic experience impacts different areas of functioning and hinders the full development of that child, adolescent, and even adult. What can parents do about their other children’s grief? The role of parents is made even more difficult because they too are suffering and processing their own grief. Therefore, it is particularly important that the other children receive professional support in the

PARTNERS NETWORK Yasna Guerrero Psychologist Region of Tarapacá

Marcelo Fasce Psychiatrist Biobío Region

Antonia Carrasco Social Worker Region of Atacama

Myriam Vallejos Social Worker Biobío Region

Ana Rodríguez Psychiatrist Valparaíso Region

Alejandra Veas Social Worker Biobío Region

Gabriela Navarrete Psychologist Metropolitan Region

Fernando Bertrán Psychiatrist Los Ríos Region

Eduardo Olivera Psychiatrist Maule Region

process. In the case of the siblings we serve, some of them were very small when they lived through the crime of rape with homicide. Others were not even born yet. However, all of them are impacted by the loss. Not only do they lose a brother or sister, but also the family they once had: the parents are not the same and relationships at home are disrupted. What are the takeaways from the Foundation’s new stage of involvement? The young people themselves teach us, from their experience, how to get ahead, despite these painful losses. Our goal is to share these lessons with surviving brothers and sisters, to help them in the grieving process.

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KATERINE LEIVA: “WITH AMPARO Y JUSTICIA, I HAVEN’T FELT ALONE” “

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hen you lose a child, you cannot imagine that someone will come to support you. For that reason, with Amparo y Justicia I have not felt alone. From the beginning and in the most difficult moments, they have been here to guide us”, says Katerine Leiva, who suffered the tragic death of her four-year-old daughter in 2013, from rape and homicide committed by a family acquaintance in Talca. Since that time, comprehensive support has been given to her and her family, not only with legal representation, but also with psychological

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and social assistance. This close intervention has made it easier for Katerine to handle emotional changes: learning how to enjoy life again, forming a new family, having future projects and trusting that her children can grow up safe. Through coordination of different Ministry of Housing services, in May of 2017 Katerine obtained the housing solidarity fund for the purchase of a house. “That day I hugged my husband and we cried with happiness. The good news came just at a time when everything was going uphill”, she recalls. “In December we received the keys to our own house, in Talca. One of my dreams was to have a house with a lemon tree. When I went inside for the first time and saw the tree, I knew it was home for us”, she concludes.


LISTENING AND GUIDING

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ccording to a study requested by Amparo y Justicia to MIDE UC, one of the aspects causing secondary victimization to those who have suffered sexual crimes as a child is the lack of information about the criminal process and the state of their cases. Added to this suffering is the frustration and despair from looking around for help and

guidance. With this in mind, since 2014 the Foundation has both legal and psychosocial professionals who listen to and guide individuals seeking this support. Most are parents seeking advice on the actions they must

take, information on judicial stages they will have to face and the recovery and healing process. Child and adolescent victims of sexual crimes are not directly cared for. When the needs of those seeking help go beyond information, their cases are referred to different entities, public or private, with which Amparo y Justicia works. In this framework, the agreement signed in 2015 with the Legal Clinic of the Faculty of Law of Pontificia Universidad Católica de Chile, guarantees dignified treatment and timely access to justice, has been very fruitful. In addition, we work with the ProBono Foundation and the Victim Support Centers under the Ministry of the Interior and Public Security.

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The agreement signed with Fundación Amparo y Justicia allows us to help more children whose rights have been violated, granting them excellent care free of charge. It also allows the students in charge of the cases to carry out their practice with a greater commitment to the type of victims involved”. MARÍA ELENA SANTIBÁÑEZ LEGAL CLINIC OF PONTIFICIA CATÓLICA DE CHILE

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PREVENTING SECONDARY VICTIMIZATION

LAWONVIDEO RECORDING INTERVIEWS A decade for approval

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tarting in 2007, Amparo y Justicia expanded its work to prevent secondary victimization of children and adolescents who have suffered sexual crimes. It intended to carry out a series of systematic actions that would help in reducing the harm to victims by criminal justice institutions and professionals.

In Chile, the concept of secondary victimization was not well known. In this context, the Foundation’s initial focus was to raise awareness among the authorities and criminal justice officials. The first initiative was holding an international seminar with presenters from the United States who shared their experiences with officials of the Public Prosecutor’s Office, the Judiciary, the Investigative Police, the Chilean Police, the Legal Medical Service, the Public Penal Defender, the Ministry of Justice and Human Rights, Ministry of the Interior and Public Security, among other entities. After that milestone, four other international seminars were organized, all of which recommended the incorporation of the Law on Video Recording Interviews. Little by little, the need for a legal change to establish this technique emerged, both to reduce secondary victimization and improve investigative procedures. The idea took shape with two inter-institutional work tables based on technical studies commissioned by MIDE UC and the U-Networks Childhood and Justice Project of the University of Chile, respectively.

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P RE V E NT I NG S E CO N DA RY V I C T I M I Z ATI O N

A draft law on a System of Investigative Interviews emerged from the final work table, forming the basis of the project presented by the Executive to Congress in 2014. The legislative procedure was not without difficulties. However, there were at least three mobilizing initiatives promoted by the Foundation: 1) Social media campaign: “Do Not Ask Me Any More”. 2) Training programs: since 2014, the diploma

“The rights of child and adolescent victims of sexual crimes and the judicial system”, given with the law faculty of the Pontificia Universidad Católica de Chile, has been of great merit. 3) Technical documents: the book “Investigative Video Interview of Child and Adolescent Victims of Sexual Crimes: Fundamentals and Technical Guidelines Based on International Evidence” prepared by Foundation professionals in 2016.

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2014-2015

· The Foundation incorporates into its mission the “prevention of secondary victimization that affects children and adolescents who have suffered sexual crimes.” The First International Seminar is held.

· For one year, the Executive works on amendments to the legislative proposal. · The “Do Not Ask Me Any More” campaign launches two new videos that are shared by the community. · In May, the Senate’s Constitution, Legislation, Justice and Regulation Committee discusses the amendments made by the Executive. Fundación Amparo y Justicia is invited to deliver its technical observations on the matter.

2008, 2011, 2013 AND 2015 · 16 experts present in four International Seminars in which more than 1,500 members of criminal justice institutions participated. One of the topics addressed is the Videorecorded Investigative Interview.

2008-2009 · Inter-institutional Working Table concluded with a compendium of commitments and recommendations to move towards reducing secondary victimization.

2011-2012 · Second working table, concluding with “Blueprint of the Law Over a System of Videorecorded Interviews” is delivered to the Executive in October 2012.

2013 · To support the bill’s processing, the campaign “Do not Ask Me Any More” is launched. It begins with an animated video about the harm of secondary victimization.

2014 · In January, the Ministry of the Interior and Public Security urgently sends the draft law that regulates videotaped interviews and other Measures for the Protection of Victims of Sexual Crimes Who Are Minors to Congress. · In May, the Senate unanimously approved the motion to begin the legislation process. Public figures are added to the social media campaign. More than 21,000 Chilean signatures are handed over to the government, demanding a Law on Video Recording Interviews.

2016 · “Do Not Ask Me Any More” is extended to Transantiago buses, Metro screens and movie theaters throughout Chile. · In October, the Foundation publishes the book “Investigative Video Interview of Child and Adolescent Victims of Sexual Crimes”, which compiles evidence and international experience on the methodology.

2017 · In January, the bill is approved by the Senate. It is sent to the Chamber of Deputies without votes against it. In March, the Constitution, Legislation, Justice and Regulation Committee unanimously approves the idea of legislating the project. The Foundation is the only civil society organization to participate in the legislative debate. · The social media campaign is more active than ever, through a new animated video that made the hashtag #AhoraEsCuando (#NowIsWhen) went viral. · In August, the Chamber of Deputies unanimously approves the bill. In September, the Senate Constitution, Legislation, Justice and Regulation Committee approves it, in its third constitutional proceeding. · On October 10th, the Senate room validates and dispatches it.

2018 · January 9: The Law on Video Recording Interviews is enacted at a ceremony in La Moneda, in which the role of Fundación Amparo y Justicia is publicly acknowledged.

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CHANGES AND IMPROVEMENTS INVOLVED IN THE LAW ON VIDEO RECORDING INTERVIEWS The new regulations, formally known as Law No. 21.057 that regulates videotaped interviews and other measures to safeguard minors who are victims of sexual crimes, will involve modifications throughout the criminal process, from the complaint to the trial stage, among which the following are included:

1 Protects the privacy and safety of the child and adolescent’s report. It prevents non-specialized personnel from having access to their accounts.

2 Incorporates the Videorecorded Investigative Interview, a technique used and validated at the international level, which will reduce the number of interrogations to which children and adolescents are subjected during the criminal process, as well as facilitate obtaining a greater amount of better quality information for investigation and subsequent resolution of the cases. It will be held in an authorized room, with technical equipment for an adequate videorecording and record of the testimony. 16

3 Stipulates that during the trial, the child or adolescent will testify in a special room (or protected space) and before a specialized professional. This way, he or she will not be exposed in the courtroom in front of the public or the defendant(s). The interviewer, also accredited by the Ministry of Justice and Human Rights, will act as an intermediary for the questions authorized by the court, communicating them in an appropriate way.

4 Restricts the participation of the child or adolescent in other procedures, in order to reduce the number of interactions with him or her, such as in the case of expert evaluations of testimony and damage.

BENEFITS OF THE LAW • Help diminish the negative consequences experienced by child and adolescent victims of serious crimes, including sexual ones, during the case’s passage through the Criminal Justice System. • Provide better tools for the investigation and prosecution of criminal cases, guaranteeing respect for the rights of all those involved.

5 Creates a catalog of general special protection measures child and adolescent victims, others, for those who testify in proceedings as witnesses.

and for and oral

6 Contemplates a new treatment for the anticipated judicial declaration of children and adolescents, favoring its use and that participation concludes in the shortest amount of time possible.


KEY POINTS OF THE LAW JUDICIAL DECLARATION

The instance in which the child or adolescent delivers their testimony during the trial, in a special room in which only the interviewer will be present. The intermediaries will address their questions to the judge, who will transmit them to the interviewer. The interviewer will mediate between the judge and the child or adolescent, adapting the questions in a way and language that is understandable. When deemed necessary, an interpreter, translator or other professional or qualified specialist may also be present in the special room.

PREVENTION OF SECONDARY VICTIMIZATION The ultimate purpose of the law is the prevention of secondary victimization of child and adolescent victims of serious crimes, in order to avoid the negative consequences they may suffer during their participation in the criminal process.

INCORPORATION OF THE VIDEORECORDED INVESTIGATIVE INTERVIEW This technique is included to collect the account of the children and adolescents during the investigation. This methodology will allow children and adolescents to describe their experience in their own words and with greater precision, helping to obtain more and better information for investigation, while affecting them as little as possible.

USE OF THE REGISTRATION OF THE VIDEORECORDED INVESTIGATIVE INTERVIEW In addition to its use for investigative purposes, this audiovisual record may be shown in the oral trial, provided that the court verifies the concurrence of specific causes, constituting a new means of proof that the magistracy will have at its disposal.

SPECIAL ROOMS INTERINSTITUTIONAL COORDINATION

The State and the institutions of the Criminal Justice System have the duty to ensure the correct application of the law. Therefore, this mandate is achieved through specific mechanisms, coordination and collaboration between them.

PARTICIPATION OF THE CHILD OR ADOLESCENT The law restricts the number of interactions with the child or adolescent during their passage through the criminal process, stating that they must always be voluntary. Giving testimony does not imply the conducting of a “single interview”, but instead two instances in which the child’s testimony can be requested: the Videorecorded Investigative Interview and the judicial declaration.

The Law on Video Recording Investigative Interview and the judicial declaration will be conducted in special rooms, enabled for children and adolescents to deliver their testimonies in safety and privacy. These rooms will have a closed circuit system that will play and record audio and high-quality images.

INTERVIEWER TRAINING PROCESS

The interviewer training process will consist of an initial specialized training course and a continuous training program, so that the interviewers will have ongoing training, monitoring and an evaluation system, in addition to expert feedback. These components are intended to help them maintain their knowledge and skills over time.

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IMPORTANCE OF CORRECT IMPLEMENTATION

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qually challenging as the processing of the Law on Video Recording Interviews will be its correct implementation. Not only because it will require changes throughout the course of the criminal process, but also because its effectiveness will depend on the coordination and cooperation between criminal justice institutions and the Ministry of Justice and Human Rights. Bearing in mind that the regulations require a limited budget, in order to achieve efficient exchanges of knowledge, the joint work of the Judicial Branch, the Public Prosecutor’s Office and the police will be necessary both in terms of training qualified interviewers and in adequately equipping the rooms to carry out the Videorecorded Investigative Interview and the judicial declaration of the child or adolescent. On the other hand, the Ministry of Justice and Human Rights will have to provide an accreditation process guaranteeing the suitability of the interviewers, who must pass specialized training courses and continue to develop their skills through continuous training programs. Likewise, this portfolio will be responsible for drafting the regulations and protocols associated with the law that will be feasible to implement, at a quality that is up to the objectives of the regulations, as deemed by the experience and opinions of criminal justice institutions. In this process, civil society organizations with experience in the field should also contribute their technical expertise. Finally, a requirement for the correct

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implementation of the Law on Video Recording Interview relates to the organizational conditions of the institutions referred to in the regulations, such as the Judiciary, the Public Ministry and the police: an organizational alignment will be necessary, so that the entire structure, from the headquarters to the bases, understand the implications of the law in their work.

SPECIALIZED INTERVIEWER Only an accredited interviewer with specialized training can ask the questions to the child or adolescent, either in the Videorecorded Investigative Interview or during their statement in court. The Ministry of Justice and Human Rights will be responsible for the accreditation, and must maintain an updated list of interviewers. The law dictates that the Public Prosecutor’s Office and the police forces provide sufficient qualified interviewers to operate the system. However, it is not a requirement to be part of said institutions to exercise such a function. In addition, it permits the Judiciary to have judges and officials act as interviewers, mediating in the declaration of the child or adolescent in court, provided that they meet the requirements of specialized training and accreditation.


IMPLEMENTATION IN THE REGIONS

Región de Arica y Parinacota Región de Tarapacá

Región de Antofagasta

The Law on Video Recording Interviews will be gradually implemented throughout Chile, to ensure that the regions have the specialized professionals and necessary infrastructure. The term applies from the publication of the Regulation in the Official Gazette, which should occur during the first semester of 2018.

FIRST STAGE Will start 6 months after publication of the Regulation in the Official Gazette and will include the regions: · XV: Arica y Parinacota · I: Tarapacá · II: Antofagasta · VII: Maule · XI: Aysén del General Carlos Ibáñez del Campo · XII: Magallanes y Antártica Chilena

Región de Atacama

Región de Coquimbo

Región de Valparaíso Región Metropolitana Región del Libertador General Bernardo O´Higgins Región del Maule Nueva Región de Ñuble Región del Biobío Región de La Arauncanía Región de Los Ríos

Región de Los Lagos

SECOND STAGE Will begin 18 months after publication of the Regulation in the Official Gazette and will include the regions: · III: Atacama · IV: Coquimbo · VIII: Biobío · IX: La Araucanía · XIV: Los Ríos

THIRD STAGE It will start 30 months after publication of the Regulation in the Official Gazette and will include the regions: · V: Valparaíso · VI: Libertador General Bernardo O’Higgins · X: Los Lagos · Metropolitan

Región de Aysén del General Carlos Ibáñez del Campo

Región de Magallanes y Antártica Chilena

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SUPPORT FOR THE CAMPAIGN “DO NOT ASK ME ANY MORE” In the approval of this law, the thousands of Chileans who supported the social media campaigns were fundamental, raising awareness so that the authorities and government officials would not forget the debt that we have to children and adolescents in our country.

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he “Do not Ask Me Any More” campaign played a relevant role in the processing of the Law on Video Recording Interviews. In 2017, with different issues on the agenda occupying the attention of the authorities and the powers of the State, the citizens managed to maintain discussion of the topic on social networks. At the beginning of 2017, the hashtag #AhoraEsCuando (#NowIsWhen) helped accelerate the discussion in the Chamber of Deputies. This slogan was disseminated in an animated video showing the point of view of a child, who directly addressed the parliamentarians: “Recovering my childhood and joy is in your hands. Now is when”. Quickly the video lit up social networks, becoming a trending topic on Twitter. Dissemination of the message was supported by the media and multiple public figures who helped the hashtag #AhoraEsCuando go viral to support approval of the bill. The video was shown on giant screens in different strategic sectors of Santiago and Valparaíso, such as in front of the National Congress. In addition, it was present in the Metro de Santiago, CinePlanet and waiting rooms of 140 offices of the Public Prosecutor’s Office throughout Chile and in the courts. 20

THE FINAL STRETCH In October 2017, when the bill was to be voted on by the Senate, a video was released with a summary of citizen participation during the nearly 4 years of the campaign. Along with thanking them for their support, Chileans were asked not to give up until they got approval in Congress. The senators listened to public opinion: several of them shared videos on social networks, in which they referred to the importance of the future law, such as Hernán Larraín, Patricio Walker, Juan Pablo Letelier and Felipe Harboe. On October 10, the social demand achieved its objective: in a special session, the Videorecorded Interview bill was approved by the Senate, as its last step in Congress. The milestone quickly went viral. That same day, the hashtags #EntrevistasVideograbadas and #NoMePreguntenMás got 1,980 mentions in just six minutes, transforming them into trending topics of the day.


MILESTONES IN SOCIAL NETWORKS THE #AHORAESCUANDO VIDEO GOT MORE THAN 200.000 VIEWS. DURING 2017, THE CAMPAIGN “DO NOT ASK ME ANY MORE” WAS THE TRENDING TOPIC ON TWITTER TWICE THE PAPER TOY WAS DOWNLOADED MORE THAN 2,600 TIMES FROM THE CAMPAIGN WEBSITE.

THE “DO NOT ASK ME ANY MORE” CAMPAIGN WILL CONTINUE IN 2018 After achieving its first objective, the campaign has a new challenge: contribute to the correct implementation of the Law on Video Recording Interviews. How will it be achieved? Using social networks and the web (www.nomepreguntenmas.cl) to educate and disseminate the content and implications of the law, both to citizens and officials of the institutions of the Criminal Justice System. On the website, videos and explanatory documents about the key parts and main benefits of the regulations are already available for free. You can also download the book “Investigative Video Interview of Child and Adolescent Victims of Sexual Crimes”, prepared by Fundación Amparo y Justicia.

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THE PAPER TOY GOT ALL THE WAY TO CONGRESS To ensure that the issue was not forgotten by the congresspeople, in July 2017 a Paper Toy was launched by the protagonist of the campaign’s animated videos. The figure, was created by illustrator Angello García . The Paper Toy was downloaded more than 2,600 times, and followers of “Do not Ask Me Any More” shared photos and videos with the figure. Dozens of children from the Luis Jiménez Football School (athlete who with his wife, María José López, collaborated from the beginning of the campaign) met to put it together. Students at Colegio Pedro de Valdivia de Peñalolén and mothers of the group “No More Abuses” did the same. In August, each of the 120 deputies received, as a gift, a Paper Toy already put together. Coincidentally, that same month the House unanimously approved the Videorecorded Interview Law.

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1 | The video was broadcast on giant screens in different parts of Santiago and Valparaíso. 2 | The actor Francisco Pérez Bannen shared this photograph with the Paper Toy on his social networks. 3 | The actress Montserrat Ballarín also wore the shirt.

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THE FOUNDATION’S ROLE DURING THE PROCESS

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uring the processing of the Law on Video Recording Interviews, the Foundation was invited to participate in sessions of the Constitution, Legislation and Regulation Committee of the Senate as well as the Chamber of Deputies, in order to contribute technical recommendations. Being the only civil society organization present from the entry of the text into Congress to its approval, these interventions presented the opportunity to help safeguard the technical standards contained in the law, especially with regard to installation of the Videorecorded Investigative Interview in the Chilean criminal justice system. The Foundation based its recommendations on both the lessons learned from international experience and progress made in Chile. In this context, the trajectories and findings made in recent years by the Judicial Branch, Public Prosecutor’s Office, Investigation Police and Chilean Police were relevant. The information and willingness to make improvements to these institutions were decisive in the quality of the final document and dispatch by Congress. It is also worth mentioning the presentations made by representatives of the Department of Psychology of Universidad de Chile and UNICEF, respectively.

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2 1 | The Amparo y Justicia team, after the approval of the Law on Video Recording Interviews in the Senate on October 10, 2017. 2 | The Foundation was the only civil society organization that participated in the congressional committees.


In 2017, during the sessions in the Chamber of Deputies and the Senate where the bill was voted, the parliamentarians referred to the Foundation’s role

DEPUTY KARLA RUBILAR “For the first time I see work to the Executive Power, Legislative Power, to Judicial Power and civil society represented by Amparo y Justicia, ‘No More Child Sexual Abuse’ and other organizations”.

SENATOR JUAN PABLO LETELIER “I thank the social organizations that have driven this legislation, and although it will not stop the pandemic of sexual abuse and crimes against minors, it will help avoid revictimization. (...) My recognition to the leaders of “Do not Ask Me Any More” and Amparo y Justicia, who have managed to make this issue more visible”.

DEPUTY JORGE SABAG

SENATOR FELIPE HARBOE

“I greet those who have participated, such as Fundación Amparo y Justicia, which was founded in the 90s following a horrendous crime of rape and homicide. They are dedicated to delivering protection and justice to families”.

“I want to thank the work that took place in the commission over which I preside with representatives of the Judicial Power, of the Ministry of Justice and Human Rights, the Public Ministry, the Public Defender’s Office and Fundación Amparo y Justicia, that beyond being a private legal organization, has taken on a role in the good design of public policy. To Ramón Suárez, to Paulina Leiva and Diego Izquierdo, who have worked as one more in the commission helping us in this matter, illustrating with comparative experience and studies that led to the founding of this law”.

SENATOR PEDRO ARAYA “I thank all who participated in the discussion of the bill, many times addressing conflicting issues. First, to the Judicial Power, which actively participated in telling us about their practical experiences, to the Public Defender’s Office and, finally, a special greeting to those who have promoted this law, to the Fundación Amparo y Justicia, creator of the campaign ‘Do not Ask Me Any More’ to raise awareness about videorecorded interviews with the objective of avoiding secondary victimization”.

SENATOR HERNÁN LARRAÍN “This

is

a

project

that

started in the government of Sebastián Piñera, was pushed forward by Amparo y Justicia and by parents and the Ministry of Justice who have worked on ‘Do not Ask Me Any More”.

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VIDEORECORDED INVESTIGATIVE INTERVIEW: THE TECHNIQUE TO BE USED IN CHILE The new Law on Video Recording Interviews, whose first stage would come into effect at the beginning of 2019, stipulates the incorporation of the Videorecorded Investigative Interview, which is widely used at an international level. The regulations mandate that the Public Prosecutor’s Office, the Chilean Police and the Investigation Police will provide suitable interviewers throughout the country.

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earing in mind the benefits of this methodology, at the end of 2016 the Public Prosecutor’s Office initiated the process of installing the Videorecorded Investigative Interview in its prosecutors’ offices. With the technical advice of Amparo y Justicia and British Sergeant (r) Nick Quine, in 2017 an interviewer training program was designed and tested. In keeping with the stipulations of the law, the police soon joined. The collaboration among the three criminal justice institutions, with the technical support of the Foundation, has allowed entities to be in charge of the investigation, with qualified instructors as with candidates for interviewers. The efforts in 2017 made it possible to visualize the challenges of the law’s implementation, generating valuable lessons for the preparation of the regulations and protocols to be drawn up by the Ministry of Justice and Human Rights. “The knowledge acquired from this joint project has not only given indications about the content, methodology and duration of the interviewer training courses, but also the organizational conditions that should be present in the institutions in charge of the investigation, so that their interviewers can perform well “, explained Catalina Fernández, Public Policies Coordinator for the Foundation.

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For her part, Patricia Muñoz, Manager of the Division of Victims and Witnesses of the National Prosecutor’s Office, said that “the work with and support given by the Foundation, has been and is of fundamental importance in achieving the objectives that we have set as an institution. The technical support of its professionals has been a very relevant contribution”. DIAGNOSIS The process of installing the Videorecorded Investigative Interview in the Public Prosecutor’s Office and in the police considered information gained from a diagnosis that Amparo y Justicia entrusted to the consultancy Precisa. The study, conducted in 2016 and 2017, surveyed operators and heads of the Public Prosecutor’s Office, the Investigative Police and Chilean Police. It focused on barriers and facilitators of implementing the technique. LEARNING FROM INTERNATIONAL EXPERIENCE The preparation of instructors and interviewers not only requires an initial course in Videorecorded Investigative Interviews, but also a process of continuous training. Professionals in the process of training as instructors were given different specialized courses by experts in the field. The first was a workshop on tools to facilitate


learning in adults, taught by psychologists Carolina Rain and Victoria Cuadra. In a second instance, and in order to analyze and evaluate interviews in a rigorous and objective manner, a doctor of Psychology from the United Kingdom, David La Rooy, led a course entitled “Coding in Video Recorded Investigative Interviews”. For his part, Sergeant (r) Nick Quine conducted the workshop “Feedback from Video Recorded Investigative Interviews”, which along with delivering guidelines based on international standards, allowed instructors to apply what they learned in interviews conducted to those who took the initial course. Finally, and based on the need to standardize the simulated interviews conducted in the different evaluations of the course, the Foundation, with the advice of the aforementioned international advisers, developed a theoretical-practical workshop providing guidelines for professionals who should play the role of child or adolescent victim during simulated interviews.

BRITISH EMBASSY AND FOUNDATION AMPARO Y JUSTICIA SIGN COOPERATION ALLIANCE

Exchanging knowledge and preventing secondary victimization of victims of child sexual crimes were the objectives that the British Embassy in Chile and Amparo y Justicia sought to obtain with a cooperation agreement signed in October 2017. “Through our experience in the United Kingdom, where children are subjected to video recorded investigative interviews to avoid having to retell their account repeatedly, we hope to contribute to the implementation of public policies ensuring the protection of children and adolescents” said Malcolm Green, then British Consul General in Chile. The alliance materialized in the participation of British sergeant (r) Nick Quine in training instructors and candidates for interviewers of the Public Prosecutor’s Office and the police.

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1 | Candidates for interviewers participated in the course with theoretical and practical activities. 2 | Instructors in Videorecorded Investigative Interviews, participated in a workshop dictated by Nick Quine, Sergeant (r). 3 | David La Rooy, PhD in Psychology from the United Kingdom, gave a course on “Coding in Videorecorded Investigative Interviews”.

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DIPLOMA ON SEX CRIMES AGAINST CHILDREN

Opportunity to specialize in a topic facing the country

Students of the Diploma aimed at professionals of the Public Ministry

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or the fourth consecutive year, Fundación Amparo y Justicia and the Law Faculty of la Pontificia Universidad Católica de Chile offered the diploma “The rights of child and adolescent victims of sexual crimes and the judicial system”. In the context of the imminent reforms in the procedures and public policies affecting children and adolescents in our country, this academic program has constituted a valuable opportunity for specialization for professionals working in the justice system. During 2017, two versions were carried out: an exclusive one for members of the Public Ministry and

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another for representatives of Chilean Police, the Investigation Police, Judicial Branch and Legal Medical Service, among other institutions. “This diploma carries special meaning at a time when citizens demand concrete actions to reduce the suffering experienced by child and adolescent victims of sexual crimes” said Carolina Puyol, Head of Training at Fundación Amparo y Justicia.

ALMOST 330 PEOPLE HAVE TAKEN THE DIPLOMA BETWEEN 2014 AND 2017 IN 2017, 95 STUDENTS GRADUATED


“

This program is strongly supported by Pontificia Universidad Católica due to the issues it brings into the national discussion and its role in public policies that are in urgent need of development”. IGNACIO SÁNCHEZ RECTOR OF LA PONTIFICIA CATÓLICA DE CHILE

Graduates of both versions, in a survey taken in December, concluded that the diploma course was fundamental for their career development.

“Great handling of the discussed subjects, by professors who work day-to-day in the subjects. High level professionals“. STUDENT OF THE PUBLIC MINISTRY VERSION

“The high standard of the teachers and the daily work they perform make the work enriching. Learning from them, with examples or experiences, is very beneficial to making the subject more concrete and understandable”.

DISTANCE LEARNING Bearing in mind the particular geography of Chile and in order to facilitate participation of professionals from all regions, beginning in 2017 some of the classes have been held “at a distance“, through Cisco’s Webex platform. The modern tool allowed almost 100 people to attend the class taught in August by Australia psychologist Carolina Navarro. The Foundation obtained a grant from Cisco to use this platform for free, for academic purposes.

STUDENT OF THE OPEN VERSION

Criminal justice system professionals were students of the open version of the Diploma.

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DISSEMINATION OF KNOWLEDGE, AMPARO Y JUSTICIA’S SIGNATURE

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iven that the prevention of secondary victimization of children depends on the practices applied by the institutional representatives, one of the pillars of the Foundation is the dissemination of knowledge. In this framework, international seminars with outstanding world experts have been promoted, the diploma “The rights of child and adolescent victims of sexual crimes and the judicial system” was created in 2014, and Foundation professionals have presented multiple talks, colloquia and seminars. In 2017, the training events focused on the Video Recording Interviews Law, precisely to promote its passage in Congress. In June, in conjunction with the Judicial Academy of Chile, the conference “Advocacy for the Judiciary of the Video Recorded Investigative Interview” was held, in which British Sergeant (r) Nick Quine and two professionals from Amparo y Justicia presented. The Investigative Police carried out various instances of training regarding the implications of the Video Recording Interviews Law in their work. In April, Foundation representatives presented before the national and regional headquarters of the Sex Crimes Brigades and the National Head of Crimes Against Family. In July, a workshop was held for members of the Center for Attention to Victims of Sexual Assault (CAVAS) and in September, the “First Conference for Sensitization on Videorecorded Investigative Interviews” was held. Catalina Fernández, Public Policies Coordinator, and Carolina Puyol, Chief of Training, presented on the subject with the attorney of the National Prosecutor’s Office, Maurizio Sovino. In August, a talk on the same topic was given

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to 14 lawyers and psychologists from the Judicial Assistance Corporations of Copiapó, La Serena, Quillota, Viña del Mar and Valparaíso. In November, a second activity was held for judges this time, organized jointly with the Institute of Judicial Studies. On the occasion, the judge of the Second Oral Criminal Court, Nora Rosati, represented the Judiciary during the processing of the Videorecorded Interviews bill in Congress. In 2017, the Foundation also presented at the law faculty of Universidad de Chile, at Universidad Católica Silva Henríquez and at Universidad Bernardo O’Higgins.

In 2017, the training events focused on the Videorecorded Interviews project, precisely to promote its passage in Congress.

“WE STILL HAVE A CHALLENGE AS A COUNTRY” PAULINA LEIVA

GENERAL MANAGER, FUNDACIÓN AMPARO Y JUSTICIA

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few years ago, it was claimed that the media was the “voice of the voiceless”, assuming that the public had no other way of expressing itself. Today, with mass social networks and immediate access to sources of information through mobile devices, Chile has witnessed the rise of true social movements, which not only express opinions, but also raise voices quickly and strongly against injustices. Tragic cases like Sophie’s happened in Puerto Montt; mistreatment and negligence has affected children who are institutionalized; the kidnapping of a girl in Licantén has not gone unnoticed. It is positive that in Chile today public opinion is concerned about protecting the rights of children and adolescents. This demand is being heard by the powers of the State. Proof of this is the promulgation and publication of the Law on Video Recording Interviews, after more than four years of processing in the National Congress. However, we still have a debt to pay as a country. The approval of the aforementioned regulations will not suffice; the greater challenge will lie in its correct implementation, whose responsibility will be that of the Judicial Branch, the Public Prosecutor’s Office, Chilean Police, the Investigation Police and the Ministry of Justice and Human Rights. It is urgent that the legislators, Executive authorities and the institutions of the Justice System fully satisfy said citizen demand, guaranteeing the welfare of all children and adolescents. With this common objective, working in a coordinated and collaborative manner, will ensure effective compliance with the sentences of those convicted of child sexual crimes; standardization of quality care in physical examinations; consideration of the particularities of child sexual abuse, such as the “different time” of

uncovering or denouncing these facts, among other matters. The aforementioned Law on Video Recording Interviews, obtained thanks to the participation and support of the community, of parliamentarians from all the branches, of criminal justice institutions, of governments of different political persuasions and of organized civil society, is a clear example that Chile can and must advance in these challenges. Throughout 2018 Fundación Amparo y Justicia will continue raising its voice and contributing our specific technical expertise, with the conviction that respect for the rights of children and adolescents deserves this effort.

“

The aforementioned Law on Video Recording Interviews, obtained thanks to the participation and support of the community, of parliamentarians from all the branches, of criminal justice institutions, of governments of different political persuasions and of organized civil society, is a clear example that Chile can and must advance in these challenges”.

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FUNDACIÓN AMPARO Y JUSTICIA [email protected] Phone +56 2 22 943 3264 Antonio Bellet N° 444, office 1104 Providencia, Santiago 7500032 Chile