Chile

No Data

Immigration detainees

Not Available

Detained children

2017

2,033

Refugees

2018

19,100,000

Population

2020

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

28 July 2020

Peruvian Migrants Camping Outside the Peruvian Embassy in Santiago, (Coordinadora Nacional de Inmigrantes de Chile,
Peruvian Migrants Camping Outside the Peruvian Embassy in Santiago, (Coordinadora Nacional de Inmigrantes de Chile, "El Drama de los Inmigrantes Sudamericanos Varados en Chile a Causa del Coronavirus," Agencia Andalou, 8 June 2020, https://www.aa.com.tr/es/mundo/el-drama-de-los-inmigrantes-sudamericanos-varados-en-chile-a-causa-del-coronavirus/1869632)

Responding to the Global Detention Project’s Covid-19 survey, a government official, verified by the GDP, reported that in Chile, immigration detention is solely used to conduct deportations of administrative or criminal detainees. Faced with border closures due to the Covid-19 crisis, the governmental source said that they were not aware of any deportations taking place and in consequence, no detention orders had been pronounced either. The Ministry of Interior, however, has indicated that administrative deportations would soon restart and in this sense, it is likely that administrative detention would resume.

The source also said that they were unaware of any detainees being released from administrative detention or any measures taken to assist people following release. In addition, no information regarding the testing of detainees was provided by the source. Chile’s borders were closed due to the pandemic, but certain non-citizens were able to leave the country, in coordination with third countries’ consulates.

Agencia Andalou reported that at the start of June, 750 Bolivian, 300 Peruvian, and 200 Colombian nationals had been camping in front of their national consulates for more than a week. These people have been urging their countries to let them return as they have been left stranded and jobless due to border closures and Covid-19. Although Chilean authorities have managed to set-up temporary shelters to protect migrants from the cold, these are now overcrowded and several Covid-19 cases have now been reported amongst migrants. Chile’s Foreign Minister, Teodoro Ribera, stated that he had been in contact with the foreign ministries of other countries urging them to assist their citizens and allow them to return home. The Peruvian government has asked its nationals in Chile to avoid travelling back until a humanitarian flight is organised. Bolivia thanked Chile for its hospitality and said that nearly 700 Bolivian nationals had been repatriated from Santiago in recent weeks. The Colombian government announced that a plane would be sent to Chile to bring back around 200 of its nationals.

On the other hand, the situation for Venezuelan migrants is slightly different. According to the organisation of American States (OAS), Chile is the third country with most Venezuelan migrants and refugees, with 455,494 Venezuelan nationals in the country, representing 30.5 percent of the foreign population. It has been estimated that around 4,000 Venezuelans are seeking to return to their country, but the Chilean government said that for this to be possible, Venezuela had to open its borders. Although most of these Venezuelan nationals have been accommodated in temporary hostels, after weeks of waiting at the door of their embassy, many of them have now been contaminated with Covid-19, and a Venezuelan national died on 2 June, while waiting for his test results.

As regards the country’s prisons, on 17 June, the police (Gendarmeria) reported that 572 detainees and 769 staff tested positive for Covid-19. By the same date, 5 prisoners and 1 staff member had died from the virus. By July, several prisons around the country, including the Tocopilla, La Gonzalina, and Aysén prison have now had many cases of Covid-19.


Last updated:

IMMIGRATION AND DETENTION-RELATED STATISTICS

Total number of detained minors
Not Available
2017
Criminal prison population
42,819
2017
43,979
2013
53,410
2010
46,825
2007
36,374
2004
33,620
2001
26,871
1998
22,023
1995
20,989
1992
Percentage of foreign prisoners
3.4
2012
Prison population rate (per 100,000 of national population)
237
2017
249
2013
313
2010
282
2007
226
2004
216
2001
179
1998
153
1995
154
1992
Population
19,100,000
2020
17,948,000
2015
International migrants
469,400
2015
International migrants as a percentage of the population
2.6
2015
Refugees
2,033
2018
1,869
2017
1,716
2016
1,849
2015
1,773
2014
Ratio of refugees per 1000 inhabitants
0.1
2016
0.1
2014
Total number of new asylum applications
2,277
2016
282
2014
Refugee recognition rate
18.5
2014
Stateless persons
0
2016
Total number of immigration detainees by year
Number of immigration detainees on a given day
Top nationalities of detainees
Number of persons granted alternatives to immigration detention
Number of detained asylum seekers
Number of detained unaccompanied minors
Number of detained accompanied minors
Number of detained stateless persons
Number of apprehensions of non-citizens
Immigration detainees as a percentage of total international migrant population
Estimated total immigration detention capacity
Number of dedicated long-term immigration detention centres
Estimated capacity of dedicated long-term immigration detention centres
Number of dedicated medium-term immigration detention centres
Number of immigration offices
Number of transit facilities
Number of criminal facilities
Number of ad hoc facilities
Number of persons removed/returned (voluntary returns and deportations)
Number of deportations/forced returns only
Percentage of persons removed in relation to total number of people placed in removal procedures
Estimated number of undocumented migrants

SOCIO-ECONOMIC INDICATORS

Gross Domestic Product per capita (in USD)
14,528
2014
Unemployment Rate
2014
Net official development assistance (ODA) (in millions USD)
240.6
2014
Human Development Index Ranking (UNDP)
42 (Very high)
2015
Pew Global Attitudes Poll on Immigration
74
2007
Remittances to the country
Remittances from the country
Unemployment rate amongst migrants
Detention for deterrence
Immigration Index Score
World Bank Rule of Law Index
Domestic Opinion Polls on Immigration

DOMESTIC LAWS AND POLICIES

Legal tradition
Civil law
2017
Provision of basic procedural standards
Access to consular assistance (Yes)
2016
Constitutional guarantees?
Core pieces of national legislation
Additional legislation
Regulations, standards, guidelines
Immigration-status-related grounds
Non-immigration-status-related grounds providing for administrative detention in immigration legislation.
Does the country provide specific criminal penalties for immigration-related violations?
Grounds for criminal immigration-related detention/incarceration and maximum potential duration of incarceration
Has the country decriminalized immigration-related violations?
Maximum length for administrative immigration detention in law.
Longest recorded instance of immigration detention.
Maximum length of time in custody prior to issuance of a detention order
Average length of detention
Maximum length of detention for asylum-seekers
Maximum length of detention for persons detained upon arrival at ports of entry
Types of non-custodial measures
Impact of alternatives
Is the detention of vulnerable persons provided in law? Are they detained in practice?
Mandatory detention
Expedited/fast track removal
Re-entry ban

INTERNATIONAL LAW

Individual complaints procedure
Acceptance Year
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance, declaration under article 31 2009
2009
CRPD, Optional Protocol to o the Convention on the Rights of Persons with Disabilities 2008
2008
CAT, declaration under article 22 of the Convention 2004
2004
ICERD, declaration under article 14 of the Convention 1994
1994
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1992
1992
Ratio of complaints procedures accepted
Observation Date
5/9
5/9
Relevant recommendations issued by treaty bodies
Recommendation Year
Committee on Migrant Workers

§27. The Committee recommends that the State party:

(a)Provide detailed information in its next periodic report on the number of migrants held in custody for violations of migration laws, as well as on the conditions and length of their detention;

(b)Ensure that the conditions of detention in migrant holding centres are in accordance with international standards.

2011
2011
Regional legal instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para) 1996
1996
IACFDP, Inter-American convention on Forced Disappearance of Persons 2010
2010
ACHR, American Convention on Human Rights 1990
1990
IACPPT, Inter-American Convention to Prevent and Punish Torture 1988
1988
Regional treaty reservations
Reservation Year
IACPPT Article 8 1988
1988
Relevant recommendations of the UN Universal Periodic Review
Observation Date
No 2009
2017
Yes 2014
Ratio of relevant international treaties ratified
International treaty reservations
Treaty bodies decisions on individual complaints
Regional judicial decisions on individual complaints
Recommendations issued by regional human rights mechanisms
Bilateral/multilateral agreements linked to readmission
Visits by special procedures of the Human Rights Council
Relevant recommendations by UN Special Procedures

INSTITUTIONAL INDICATORS

Custodial authority
Gendarmeria Nacional De Chile () Defence
2013
Gendarmeria Nacional De Chile () Internal or Public Security
2013
Detention Facility Management
Gendarmeria Nacional de Chile (Governmental)
2013
Gendarmeria Nacional De Chile (Governmental)
2013
Federal or centralized governing system
Centralized or decentralized immigration authority
Apprehending authorities
Formally designated detention estate?
Types of detention facilities used in practice
Authorized monitoring institutions
Is the national human rights institution (NHRI) recognized as independent?
Does NHRI carry out visits?
Does NHRI have capacity to receive complaints?
Does NHRI publicly release reports on immigration detention?
Does national preventive mechanism (NPM) carry out visits?
Does NPM have capacity to receive complaints?
Does NPM publicly release reports on immigration detention?
Do NGOs carry out visits?
NGO capacity to receive complaints?
Do NGOs publish reports on immigration detention?
Do parliamentary organs carry out visits?
Do parliamentary organs have capacity to receive complaints?
Do parliamentary organs publicly report on their detention findings?
Do internal inspection agencies (IIAs) carry out visits?
Do IIAs have capacity to receive complaints?
Do IIAs publicly report their findings from detention inspections?
Do international and/or regional bodies (IRBs) visit immigration-related detention facilities?
Do IRBs publicly report their findings from inspections?
Types of privatisation/outsourcing
Detention contractors and other non-state entities
Estimated annual budget for detention operations
Estimated annual budgets for particular detention-related activities
Estimated cost per detainees day (in USD)
Estimated annual budget for non-custodial measures (in USD)
Estimated costs of non-custodial measures (in USD)
Does the country receive external sources of funding?
Description of foreign assistance