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OEA/Ser.L/V/II.34
REPORT
ON THE STATUS OF HUMAN RIGHTS IN CHILE Findings
of “on the spot” Observations in ...continued
3.
As a result of Dr. Reque's report, the Commission felt it necessary while
it was meeting in Cali, Colombia, to immediately contact the Government of Chile
to request information on certain cases which, because of their special
characteristics, required in the Commission's opinion the most expeditious
action.
This gave rise to the following exchange of notes:
Cali,
Colombia
October 24, 1973
Mr. Minister:
The Commission over which I have the honor of presiding received
yesterday, during the meetings that are being held in Cali, Colombia, the report
prepared by the Executive Secretary, Dr. Luis Reque, on the present status of
human rights in the Republic of Chile.
After expressing to you, Mr. Minister, and through you, to the
distinguished Government of Chile, this Commission's appreciation for the
assistance provided Dr. Reque in carrying out his delicate tasks, and also for
the documentation which you have kindly transmitted to us, we wish to remind you
that, according to the October 5 note transmitted to us by the Acting
Representative of Chile to the OAS, your government is prepared to provide, in
addition to the reports directly collected by our Executive Secretary, such
other reports regarding specific events, that we feel it necessary to request
from you.
Examining Dr. Reque's report, as well as a number of denunciations or
complaints that have been submitted concerning the situation prevailing in
Chile, we feel that, in order to establish our conclusions, it would be most
helpful if your distinguished government would provide us with reports
concerning two kinds of subjects: those considered to be so urgent that we have
debated whether we should use the mail or the telegraph service to gather
information on them; and others that, although not less important, are not as
urgent.
This note will deal exclusively with the cases that we feel are most
urgent. And it is for this reason that we wish to request your distinguished
government to demonstrate once again its intent to collaborate with the high
purposes of our Commission and remit as soon as possible the information
requested, taking into consideration the possibility that the Commission may
have to meet at its headquarters in Washington in three weeks. We would
appreciate it if you could at least forward to us the substantive contents of
your reply, either by telex or by cable.
The matters on which we request information are as follows:
1. We have been informed that the
following persons have disappeared.
Luis Carlos De Almeida, Brazilian, Professor at the State
Technical University, was arrested and then reportedly disappeared.
Tulio Quintiliano, Brazilian, engineer, arrested and taken to the
National Stadium and afterward to the Tacna Regiment, then disappeared.
Roberto Metzer, Brazilian, FLACSO official, arrested October 12
and taken to the National Stadium, then disappeared.
Antonio José Barros, Brazilian, arrested and then disappeared.
Antonio Moreno, Bolivian, arrested and then disappeared.
Luis Velez, Bolivian, arrested and then disappeared.
Julio Baraymer o Baraibar, Uruguayan, arrested September 17
and then disappeared.
Gonzalo Vergal, Uruguayan, arrested and then disappeared.
Miguel Angel Ortiz Suárez, Uruguayan, arrested and then
reportedly disappeared.
Dr. Marquez Rogalino, Ecuadoran, physician, arrested and then
disappeared.
Dr. Rafael De León, Ecuadoran, living at Obispo Donoso 46,
arrested September 16 and then disappeared.
Federico Vaires, Salvadoran, student at the University of
Santiago, arrested, transferred to the Tacna garrison, then disappeared.
Luis Alvarado, Chilean, arrested and then disappeared.
Jorge Sabogal, Colombian, arrested and then disappeared.
Charles Horman, United States citizen, disappeared.
With regard to all of these persons, we urgently request the Government
of Chile to provide us with any information it has available on the following
points:
a. The whereabouts of these persons.
b. Their state of health. c.
Whether they have been deprived of their liberty, and if so, where. d.
Whether they have been brought to trial, indicating the court or tribunal
and the charges made against them. e.
Whether they have a defense counsel, indicating his name and postal
address.
2. We have been informed that the
following persons have died by execution or torture:
Dr. Jorge Rios Dalens, Bolivian, who was arrested and was found
dead.
Sócrates Ponce Pacheco, Ecuadoran, who was living in Torre San
Borja, apartment 141, reportedly was executed by shooting on September 11.
Litre Quiroga, Chief of the Service of Prisons in the overthrown
administration, reportedly was tortured for three days and executed in
mid-September.
Victor Jara, labor union leader, who reported voluntarily to the
authorities, was first tortured and then executed.
Jorge Sergio Alegría Higuera, arrested September 23 in Nueva
Matucana, was found dead under the Bulnes Bridge. Lived at 93 San Jorge.
Luis Eulisterio Mardonado or Maldonado Gallardo, arrested
September 23 in Nueva Matucana, was found dead under the Bulnes Bridge. Military
driver's license Nº 18.754.
Miguel Hernán Moreno Caviedes, was found dead September 24 in the
Mapocho River, near the Bulnes Bridge. Lived in Nueva Matucana. Apparently was
tortured, since an arm was missing from the body.
Sergio Emilio Aguilar Nuñez, same as the above. His genital
organs reportedly were mangled. Lived at 68 Rafael Pacheco.
Alvaro Javier Acuña, same as the above.
Miguel Zaldívar Arriagada, same as the above. Lived at 178 Rafael
Pacheco.
Carlos René León Morales, same as the above. Lived at 84 Fidel
Estay.
José Oscar Machuca Espinoza, same as the above. Lived at 78
Ramiro Sepúlveda. With regard to the above-named
persons, the Commission wishes to know: a.
Whether they have actually died and, if so, where the remains have been
buried. b.
Whether death occurred through action of the government authorities. c.
Whether deprivation of life was preceded by the formalities required by
Chilean law-both regular law and that applicable in emergency cases—and by
Article 3 of the Geneva Convention of August 12, 1949, which we understand has
been ratified by Chile. d.
Whether it has been possible to verify acts of torture or abuse of such
persons. e.
Whether, in the event that acts of torture or abuse have been verified,
or deprivation of life in violation of the applicable law, steps have been taken
to avoid the repetition of such occurrences. 3. We
have been informed that, in addition to those listed above, the following
persons have been subjected to torture or maltreatment. Margarita
Echeverría, Chilean, detained on the night of October 14 and transferred to
the National Stadium. Dr.
Ricardo Elena, Uruguayan, cardiologist, professor of the University of
Concepciòn. Flora
Espinoza Díez, Chilean, dentist, detained October 2, reportedly was beaten
during interrogation on October 8. Felipe
Iñigas, Bolivian, detained and tortured. Delbo
Ignacio da Silva, Uruguayan, detained and maltreated. Dr.
Claudio Weber Ubilla, physician, living at 1061 Roman Diaz, Apartment 34,
detained September 27 and taken to the La Puntilla Police Station, where he was
subjected to maltreatment and torture, suffering a fractured rib and a skull
injury. He was taken to the National Stadium on October 4 and was released on
the 6th. The
Commission wishes to know with respect to these persons: a.
Whether the maltreatment or torture referred to in the denunciations has
been verified. b.
If so, whether proceedings have been initiated to determine the persons
responsible and impose the appropriate penalties on them, indicating before what
authority such proceedings take place. c.
What state the persons referred to are now in. 4. We
have been informed that the following persons are imprisoned, without being
informed of the reason for their detention: Dr.
Samuel Pasik, Argentine, arrested in Puerto Montt and transferred ten days
later to the National Stadium. Manuel
Vásquez, Chilean, arrested October 3. Is in the National Stadium. Ignacio
Miashira, Bolivian, imprisoned September 14. Is in the National Stadium. Raúl
Irena Estrada, Mexican, arrested September 24. Is in the National Stadium. Laura
Martínez Silva, arrested September 24. Is in the National Stadium. Soledad
Urzía Perez, 16 years old, student arrested October 8. Is in the National
Stadium. María
Emilia Tijoux, arrested September 27. Is in the National Stadium. María
Elena Gallardo, arrested October 10. Is in the National Stadium. Carmen
Flores de Echeverría, arrested October 3. Is in the National Stadium. It is pointed out that the
denunciations received also state that the above women were subjected to
offenses against their modesty, having been forced to disrobe in the presence of
agents. With reference to all of these
persons, the Commission wishes to know: a. Whether
they continue to be detained and in what place. b. What
is the cause, in each case, for the detention. c. What
judicial authority is trying each case. d. Whether
the defendants have been provided defense counsel. Finally, we wish to state to Your
Excellency that the requests for information contained in this note do not
constitute prejudgment of the merits of the information received. In the confidence that, as a
result of Your Excellency's humanitarian sentiments and the excellent readiness
the distinguished Government of Chile has shown to collaborate in the work of
this Inter-American Commission, a reply to our request for reports will be sent
with the urgency required by the seriousness of the cases in question, we are
pleased to express to Your Excellency the assurances of our highest
consideration. (s)
Justino Jiménez de Aréchaga Chairman
His Excellency
Admiral Ismael Huerta Díaz
Minister of Foreign Affairs
Santiago, Chile
Republic of Chile Minister
of Foreign Affairs
GMH/mic OIA
Nº 4958 Santiago,
March 27, 1974 I have the honor to refer to Your
Excellency's note, dated in Cali, October 24, 1973, in which the Inter-American
Commission on Human Rights requests, on the basis of a number of denunciations
received, information concerning the status of 43 persons who reportedly were
arrested or died as a result of the events occurring in my country on September
11, last year. Regarding this matter, I am
pleased to indicate to Your Excellency that, as soon as the request was
received, the necessary steps were taken to clarify the facts of the
denunciations submitted, since my government, as was duly indicated, is ready to
provide any information, based on specific facts, relating to respect for human
rights. A long historical tradition, of which my country is justly proud,
enables me to affirm that the Government of Chile will continue to be faithful
to that unswerving standard of international behavior. I am replying below, point by
point, to Your Excellency's note. 1. First,
your note mentions a list of 16 persons who are reported to have disappeared. In
this regard, I can inform Your Excellency that 13 of them either left the
territory of the Republic voluntarily or were expelled from the country, because
their presence, under legislation in force, constituted a serious threat against
national security, since a number of these individuals apparently committed acts
designed to disturb the peace of the citizenry and threatened the security of
the state. These individuals are as follows: Luis Carlos de Almeida:
Outside the country. Tulio Quintiliano Cardoso:
Disappeared, despite a complete investigation of the case, as reported by the
Ministry of National Defense. Roberto Metzger Thomas:
Outside the country. Antonio José de Barros:
Outside the country. Antonio Moreno: Outside
the country. Luis Velez: Outside the
country. Carlos Toranzos: Outside
the country. Julio Miguel Baraibar:
Outside the country. Gonzalo
Vergel: Unknown at the Embassy of Uruguay and his whereabouts are also
unknown. Miguel
Angel Ortiz Suárez: Outside the country. Marco
Antonio Marcos Rogalino: Outside the country. Rafael
de León Rodríguez: Outside the country. Luis
Alvarado Cárdenas: Outside the country. Jorge
Sabogal: Outside the country. Charles
Horman: Was found shot to death on a public thoroughfare on the morning of
September 18, 1973. It has not been possible to determine whether his death was
caused by a military curfew patrol, which was obliged to fire because he did not
obey the order to halt, or whether his death occurred at the hands of extremists
who, under cover of night, fired against the armed forces, the police, and the
civil population in desperate and suicidal attacks. 2. I
should point out to Your Excellency that it is very difficult for the
authorities to determine in certain cases the cause of death of particular
persons. This is due to the fact that, as has been stated, extremist groups in
the days following September 11 attempted to create problems by what were in
effect suicidal attacks against the armed forces, notwithstanding the fact that
the Government Junta repeatedly invited them to lay down their arms, which was
an action the Junta took in fulfilling its obligation to safeguard public
security and keep innocent persons from becoming sniper victims. The persons alluded to in the
Commission's note are the following: Jorge
Ríos Dalens: Dead. There is no official information on this case, and the
cause of his death is being investigated. Sócrates
Ponce Pacheco: Dead. This individual was an auditor in an industry and
resisted the action of the military forces, firing against them and perishing in
the confrontation. Litré
Quiroga: Dead. This official of the overthrown regime was killed by common
criminals. Víctor
Jara: Dead. Was killed by the action of snipers, who, I repeat, fired
indiscriminately, both against the armed forces and against the civilian
population. No information is available,
either because of lack of data or because investigations by Chilean authorities
have not yet been completed, with respect to the following persons: Jorge Sergio
Alegría Higuera, Luis Eleuterio Maldonado Gallardo, Miguel Hernán Moreno
Caviedes, Sergio Emilio Aguilar Núñez, Alvaro Javier Acuña, Miguel Zaldívar
Arriagada, Carlos René León Morales, José Oscar Machuca Espinosa. This
Ministry will submit to the Commission, as soon as it is able, information
establishing the status of these persons. 3. With
regard to this list on which Your Excellency requests information, I am pleased
to inform him of the following: Margarita Echeverría:
Released. Ricardo Elena: Outside the
country. Flora Espinoza Díaz:
Released. Felipe Iñigas: Outside
the country. Delbo Ignacio Da Silva:
Outside the country. Claudio Weber Ubilla:
Released. 4. With
regard to this point, the following information is provided: Samuel Pasik: Outside the
country. Manuel Vásquez: No
information. Ignacio Miashira: Outside
the country. Raúl Irene Estrada:
Outside the country. Soledad Urzúa Pérez: No
information. María
Emilia Tijoux: Detained in the Women's House of Correction, indicted before
a regular court. The inquest is being conducted by Judge Izurieta, of the
Santiago Court of Appeals. Carmen
Flores de Echeverría: In searching the records one Isabel del Carmen
Flores Garrido and one Carmen Flores Morador were found. Both have
been given asylum. In conclusion, I wish to point
out to Your Excellency that the Government of Chile has been motivated by the
firmest intent to collaborate with the Inter-American Commission on Human Rights
in the solution of problems which, may possibly have affected them, but it
cannot accept under any pretext whatever that efforts should be made to indicate
that it has had recourse to offenses against modesty, maltreatment or torture.
Our government rejects most energetically any denunciations of this kind,
considers them lacking in foundation, and is in a position to assert
categorically that since September 11, there has been no policy of violating
human dignity. Any violation of essential rights of man is, in our opinion,
incompatible with civilized life. Moreover, from the very first, the new
government instructed military personnel to act at all times in consonance with
Christian and humanist principles which have guided and continue to guide the
actions of the new government of Chile and that they should do everything
possible to safeguard human rights. I take this opportunity to repeat
to Your Excellency, and through you to the Inter-American Commission on Human
Rights, assurances of my highest consideration. (s)
Ismael Huerta Díaz
Vice Admiral
Minister of Foreign Affairs Mr. Justino Jiménez de Aréchaga Chairman of the Inter-American Commission on Human Rights
4.
In the period transpiring between the above note to the Government of
Chile of October 24, 1973 and the reply (March 27, 1974), which involved the
conduct of complex investigations, the denunciations and complaints submitted to
the Commission increased in number. This gave rise to additional requests by the
Commission for information.
The Government of Chile replied to those requests in a note of November
28, 1973, which we believe it is necessary to transcribe:
Republic of Chile Ministry of Foreign Affairs OIA Nº 17806 Santiago,
November 28, 1973 I have the honor to acknowledge
receipt of Your Excellency's note of October 24, informing this Ministry of the
“relevant parts of the communications on human rights,” which unidentified
persons have sent to the Inter-American Commission on Human Rights (CIDH),
making reference to the status of human rights in my country. In this regard, I wish to state
to Your Excellency that my government feels that the language employed by the
persons who have sent these denunciations to the Commission is entirely improper
and inappropriate, and the contents of those denunciations borders on
illegitimate intervention in the internal affairs of Chile. Nonetheless, my
government has decided to reply to these anonymous denunciations to show their
unfounded character and to remain consistent with the faithful observance that
my country has demonstrated and will continue to demonstrate of inter-American
commitments on human rights. Hence, I inform Your Excellency
that Messrs. Mariano Rodríguez, Manuel Messias Da Silva, Arthur Jader Cunha,
Solange Bustos da Silva, are persons who, after a brief investigation of their
illegal activities in our country, have recently left our territory. With
respect to the Chilean citizen, Mr. Luis Corvalán, I must inform Your
Excellency that he is detained in the Military Academy of Chile, where he is
enjoying excellent treatment, as journalists and foreign personages have
verified. Mr. Corvalán will be brought to trial, under the country's applicable
laws, for the crimes he is accused of. The Government of Chile assures Your
Excellency that, at his trial, the standards established by the Chilean legal
code for all citizens of the country will be strictly observed. Accept, Excellency, the
assurances of my highest consideration. Ismael Huerta Díaz
Vice-Admiral
Minister of Foreign Affairs To the Chairman of the Inter-American Commission on Human Rights Washington, D.C. continued... [ Table of Contents | Previous | Next ] |