OEA/Ser.L/V/II.34
REPORT
ON THE STATUS OF HUMAN RIGHTS IN CHILE Findings
of “on the spot” Observations in CHAPTER
XVII RECOMMENDATIONS
1.
On July 29, the Commission sent to the Government of Chile the
preliminary recommendations resulting from the note transcribed in Chapter XV of
this report.
2.
Now, after reaching the conclusions summarized in the previous chapter,
the Commission feels it is its duty to make the following recommendations to
that Government:
1.
In order to safeguard the rights referred to in Article I of the American
Declaration of the Rights and Duties of Man, and with the promptness required by
these circumstances, an exhaustive, detailed, speedy, and impartial
investigation of the following acts should be ordered:
a)
The imposition of cruel conditions of living, punishment and forced labor
on certain prisoners, as occurred for example in the case of those who were
confined on Dawson Island.
b)
The use of psychological and physical torture in the following
establishments: 38 Londres Street in Santiago; Air Force War School in Santiago;
a section of the Santiago Military Hospital; Central Bureau of Investigations in
Santiago (a place known as “La Patilla”); Tejas Verdes; and the Navy ship
“Esmeralda”.
c)
The reception of persons arriving at Tres Álamos, the Santiago Central
Jail and Capuchinos, Tejas Verdes and Buen Pastor detention centers with visible
signs of having been subjected to torture or maltreatment, without the officials
of those establishments having denounced such facts to their superiors;
d)
The conduct of the officials who directly or indirectly have been
indicated in this report as performing, participating, instigating or covering
up the acts indicated in the above points.
The Commission feels that such an investigation should be carried out so
that: a) unity of viewpoint be ensured in establishing and evaluating the facts,
for which purposes the persons performing this task should be able to take
action throughout the territory of the country, and b) any reasonable
possibility of suspicion that those responsible for the investigation do not
have the essential independence and resources to properly carry out their
mission be excluded a priori.
The Commission considers, finally, that this mission must ascertain the
exact identification of those responsible for the acts indicated in this
recommendation, for their subsequent trial by regular judicial officials of
Chile in accordance with the relevant provisions of Chilean law.
2.
That, in order to safeguard the rights referred to in Article XXV of the
American Declaration, a rapid survey should be made of the status of all persons
who are still deprived of their liberty without any charges being brought
against them, in order to release all those who do not constitute a serious and
certain danger for the maintenance of public peace.
3.
That, in order to safeguard the rights referred to in Article XVIII of
the American Declaration, and pursuant to the authority exercised by the Chilean
Government Junta, precise rules should be enacted to ensure that even in “time
or state of war,” when, during the state of siege, the President of the
Republic, in exercise of the exceptional authority granted to him by Article
72.17 of the Constitution, orders the arrest of a person, petitions of amparo
and habeas corpus on behalf of the prisoner before a civil judge, and the
intervention of that judge, shall require administrative officials to bring the
prisoner before the judge, to provide him with a complete copy of the decree
under which the detention was ordered, to inform him exactly where the prisoner
is being detained, and to inform him immediately of any subsequent transfer to
another place of detention.
4.
That, in order to safeguard the rights referred to in Article XXVI of the
American Declaration, and pursuant to the authority exercised by the Government
Junta a remedy of review should be established to make possible a full
examination of all of the verdicts handed down by the Councils of War, in order
to verify the regularity of the proceedings and to decide on their validity,
appropriateness and, as the case may be, the possibility of reducing the
penalties imposed, with particular reference to those verdicts in which by
whatever route, or by resorting to whatever argument, there has been retroactive
application of the “state of war” or more severe rules than those in force
at the time the allegedly unlawful acts began, or penalties have been imposed
only because of the idea or convictions of the accused.
5.
That, in order to safeguard the rights referred to in Articles I and XXIV
of the American Declaration, the means available to the office responsible for
locating persons detained or whose whereabouts are unknown should be expanded by
requiring all officials in charge of establishments of any kind where persons
are detained to submit, within the brief period that may be set for the purpose
and under the strictest responsibility a detailed list of such persons,
indicating the name they claim and the name on the identification document, if
the two are not the same; date of birth; complete address at their last
residence or that of their family. It would also be desirable to enclose a
photograph of the prisoner, in view of the fact that, as the Government stated,
there are often serious difficulties in identifying persons because of the fact
that there are persons who have several identification documents under different
names. The Central Information Office should process all such data, in order to
be able to provide reports requested from them by those who claim to be parents
of persons presumed to be imprisoned, or by any lawyer so requesting. The
Director of the establishment to which we have referred should be required to
report by telegram, within 24 hours, on any release or new admission that
occurs.
6.
That, in order to safeguard the rights referred to in Article XVIII of
the American Declaration, independent labor courts should be speedily
reestablished and the special provisions contained in Decree-Law 32 should be
eliminated.
7.
That, in order to safeguard the rights referred to in Article XX of the
American Declaration, steps to effect the most rapid reconstruction of the
electoral register with the assistance of modern techniques should be
immediately adopted so that the citizens of Chile will be able to exercise their
political rights without unnecessary delay.
8.
That, in order to safeguard the rights referred to in Article IV of the
American Declaration, steps should be adopted to progressively restore freedom
of expression of thought, both by individuals and through the mass communication
media, without prejudice to holding responsible those who might abuse the
exercise of that freedom, pursuant to the provisions of ordinary law on the
subject.
9.
That, in order to safeguard the rights referred to in Articles I, VIII,
and XXV of the American Declaration, consideration should be given in the future
reform of the Constitution is lessening the President's authority during a state
of siege, by granting to prisoners who are not charged with a crime the right to
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