Decision; Subjects: RIGHTS OF THE CHILD, CHILE; [CRC: Kinderrechtskonvention, Übereinkommen über die Rechte des Kindes; Convention relative aux droits de l'enfant; Convenzione sui diritti del fanciullo]
Erwägungen (7 Absätze)
E. 1 The author of the communication is P.A.B.M., a national of Chile born on 10 March
2008. She claims that she is a victim of violations of her rights under articles 2–4, 6, 12, 13 (1), 16 (1), 19 (1) and 34 (c) of the Convention. The Optional Protocol entered into force for the State Party on 1 September 2015. The author is represented by counsel.
E. 2 On 7 December 2020, proceedings were instituted against U.M. for the crimes of producing and distributing child pornography in which P.A.B.M. and nine other children and adolescents who have not yet been identified were used, as well as for subjecting P.A.B.M. to sexual abuse. On 6 March 2021, the indictment was read before the Seventh Court of Guarantees of Santiago.
E. 3 On 20 April 2022, at the start of the pretrial hearing, U.M.’s defence team claimed that it had not been given access to complete copies of the case file and that such lack of access would affect his right to a defence. Both the Public Prosecution Service and the Office of the Ombudsman for Children’s Rights, acting as plaintiffs in the case, opposed this request, arguing that allowing it would involve the reproduction of child sexual material by counsel for the defence. The Court of Guarantees nonetheless ordered the Public Prosecution Service to prepare a copy of the material and turn it over to the defendant’s defence team without, according to the author, considering the best interests of the child, taking any steps to prevent
* Adopted by the Committee at its 100th session (12–30 January 2026). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rosaria Correa, Timothy Ekesa, Bragi Gudbrandsson, Mariana Ianachevici, Philip Jaffé, Sophie Kiladze, Cephas Lumina, Benyam Dawit Mezmur, Juliana Scerri Ferrante, Aïssatou Alassane Sidikou, Zeinebou Taleb Moussa and Benoit Van Keirsbilck. United Nations CRC/C/100/D/218/2023 Convention on the Rights of the Child Distr.: General 6 February 2026 English Original: Spanish CRC/C/100/D/218/2023 2 GE.26-01315 illegal access to and use of the content and or adopting any measures to safeguard the victims’ honour, privacy and dignity.
E. 4 On 22 April 2022, the Public Prosecution Service filed a constitutional action for protection with the Santiago Court of Appeals, which was rejected on 18 July 2022. On 22 July 2022, both the Public Prosecution Service and the Office of the Ombudsman for Children’s Rights lodged an appeal against this ruling with the Supreme Court of Justice. On 13 October 2022, the Supreme Court upheld the ruling handed down by the Santiago Court of Appeals. Likewise, the requests for precautionary measures submitted by the Office of the Ombudsman for Children’s Rights to the Seventh Court of Guarantees of Santiago were denied.
E. 5 On 23 March 2023, in accordance with article 6 of the Optional Protocol, the Committee, acting through its working group on communications, registered the communication. On 23 May 2023, the State Party submitted its comments on the admissibility of the communication.
E. 6 On 4 May 2023, following a hearing, and at the request of the Office of the Ombudsman for Children’s Rights, the Seventh Court of Guarantees decided to adopt protective measures consisting of distorting the audiovisual material to protect the victims.
E. 7 Meeting on 30 January 2026, the Committee, having examined the State Party’s request, in the absence of comments from the author and noting that the adoption of protective measures renders the present communication moot, decided, in accordance with rule 26 of its rules of procedure under the Optional Protocol, to discontinue its consideration of communication No. 218/2023.
Volltext (verifizierbarer Originaltext)
GE.26-01315 (E) 090226 100226 Committee on the Rights of the Child Decision adopted by the Committee under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, concerning communication No. 218/2023*, ** Communication submitted by: P.A.B.M. (represented by the Office of the Ombudsman for Children’s Rights) Alleged victim: The author State Party: Chile Date of communication: 17 February 2023 (initial submission) Subject matter: Submission to counsel for the defence of evidence containing pornographic material involving a girl who was the victim of sexual abuse Articles of the Convention: 2–4, 6, 12, 13 (1), 16 (1), 19 (1) and 34 (c) 1. The author of the communication is P.A.B.M., a national of Chile born on 10 March
2008. She claims that she is a victim of violations of her rights under articles 2–4, 6, 12, 13 (1), 16 (1), 19 (1) and 34 (c) of the Convention. The Optional Protocol entered into force for the State Party on 1 September 2015. The author is represented by counsel. 2. On 7 December 2020, proceedings were instituted against U.M. for the crimes of producing and distributing child pornography in which P.A.B.M. and nine other children and adolescents who have not yet been identified were used, as well as for subjecting P.A.B.M. to sexual abuse. On 6 March 2021, the indictment was read before the Seventh Court of Guarantees of Santiago. 3. On 20 April 2022, at the start of the pretrial hearing, U.M.’s defence team claimed that it had not been given access to complete copies of the case file and that such lack of access would affect his right to a defence. Both the Public Prosecution Service and the Office of the Ombudsman for Children’s Rights, acting as plaintiffs in the case, opposed this request, arguing that allowing it would involve the reproduction of child sexual material by counsel for the defence. The Court of Guarantees nonetheless ordered the Public Prosecution Service to prepare a copy of the material and turn it over to the defendant’s defence team without, according to the author, considering the best interests of the child, taking any steps to prevent
* Adopted by the Committee at its 100th session (12–30 January 2026). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rosaria Correa, Timothy Ekesa, Bragi Gudbrandsson, Mariana Ianachevici, Philip Jaffé, Sophie Kiladze, Cephas Lumina, Benyam Dawit Mezmur, Juliana Scerri Ferrante, Aïssatou Alassane Sidikou, Zeinebou Taleb Moussa and Benoit Van Keirsbilck. United Nations CRC/C/100/D/218/2023 Convention on the Rights of the Child Distr.: General 6 February 2026 English Original: Spanish CRC/C/100/D/218/2023 2 GE.26-01315 illegal access to and use of the content and or adopting any measures to safeguard the victims’ honour, privacy and dignity. 4. On 22 April 2022, the Public Prosecution Service filed a constitutional action for protection with the Santiago Court of Appeals, which was rejected on 18 July 2022. On 22 July 2022, both the Public Prosecution Service and the Office of the Ombudsman for Children’s Rights lodged an appeal against this ruling with the Supreme Court of Justice. On 13 October 2022, the Supreme Court upheld the ruling handed down by the Santiago Court of Appeals. Likewise, the requests for precautionary measures submitted by the Office of the Ombudsman for Children’s Rights to the Seventh Court of Guarantees of Santiago were denied. 5. On 23 March 2023, in accordance with article 6 of the Optional Protocol, the Committee, acting through its working group on communications, registered the communication. On 23 May 2023, the State Party submitted its comments on the admissibility of the communication. 6. On 4 May 2023, following a hearing, and at the request of the Office of the Ombudsman for Children’s Rights, the Seventh Court of Guarantees decided to adopt protective measures consisting of distorting the audiovisual material to protect the victims. 7. Meeting on 30 January 2026, the Committee, having examined the State Party’s request, in the absence of comments from the author and noting that the adoption of protective measures renders the present communication moot, decided, in accordance with rule 26 of its rules of procedure under the Optional Protocol, to discontinue its consideration of communication No. 218/2023.