doc. 10
11 February 1977
Original: Spanish



  20.          On June 8, 1976, during the sixth regular session of the General Assembly of the Organization of American States, held in Santiago, Dr. Eugenio Velasco and four other lawyers in Chile representing the individuals detained or their relatives, presented to the Commission a” lengthy statement on the situation of human rights in Chile. They stated the following with regard to individuals who have disappeared:


         An impressive amount of evidence and every type of legal proof are bases to believe that the number of individuals who were arrested by military patrols or teams from the DINA and who have subsequently disappeared, is increasing.


         There are a number of indisputable cases of “violent death” imputable to no other type of enemy (as happened in the case of Lumi Videla); there are other cases in which the arrest took place before members of the family, and evidence from the period of arrests in secret houses, and so forth.


         The whole world was moved when the news appeared in the Argentina and Brazilian press that 119 Chileans had died or had disappeared as a result of guerrilla encounters with the Armed Forces. This was a lie. What was in fact involved were young people who had earlier been arrested by Chilean authorities or by their representatives. The method of arrest was illegal and their families were never informed of their place of imprisonment. Requests made to account for their whereabouts were always refused. The “official investigation” conducted by the Ministry of the Interior relied solely on the report filed by DINA, in other words, on a report filed by those who were criminally responsible for an illegal arrest and morally responsible for the lives of those individuals. The problem with regard to the Chilean Government still exists today, in its entirety. Despite government promises, no explanation, no acknowledgments and no information from the investigations ordered have been forthcoming. Today, the number of disappearances is much higher. The Judiciary, represented by the Supreme Court, has refused to appoint a Visiting Judge to take up this and other denunciations of massive disappearances. There are now serious studies on the problem which will be presented to the Government for final clarification.


          21.          Of all the new data the Commission had available to continue its study of the question of disappearances, the most complete and best documented was undoubtedly the “Report on 384 cases of individuals who have disappeared – 1976”, prepared by the Vicaría de la Solidaridad of the Archdiocese of Santiago; the report has five volumes and close to one thousand pages.


          22.          The first four volumes of this report contain the background information provided to the Supreme Court, dated August 20, 1976, and the request that a Visiting Judge be appointed to investigate cases of disappearances.


          23.          Subsequently, the relatives of the individuals who had disappeared presented their case before that Court, but on October 13, 1976, the Court rejected their petition, handing down the following decision:


         Having seen and bearing in mind:


         1. That from the many pieces of background information in the various documents that have been compiled at the request of Mr. Cristián Precht Bañados, Episcopal Vicar of the Vicaría de la Solidaridad. In order to secure a decision from this Supreme Court ordering appointment of a Special Visiting Judge from the Court of Appeals of Santiago in a Criminal Courtroom in Santiago, to examine the various proceedings now being conducted in the criminal courts of Santiago and of the Departments of Presidente Aguirre Cerda and San Bernardo to investigate possible perpetration of crimes in the alleged disappearances of the individuals named on the lists provided for that purpose, alleged to have taken place subsequent to September 11, 1973, it is to be noted that contrary to the claim made in the request in question –and as repeated in the three presentations made by the relatives of those alleged to have disappeared—the investigations conducted and those still being conducted in the various higher criminal courts of Santiago and of the Departments of Presidente Aguirre Cerda and San Bernardo indicate zeal and diligence, and are being directly supervised by the Visiting Judges from the Court of Appeals of this capital.


         2. That that same information indicates that of the individuals said to have disappeared, 38 have been found, are free and reside in their respective domiciles; five who have gone abroad have been located; 11 are under arrest by virtue of the State of Siege, three by other of the Military Courts, and three by order of the Regular Courts because common crimes were involved.


         3. That the three lists of individuals who have disappeared which are attached to this information and which were presented by relatives of the alleged victims, include the Christian names and surnames of 313 individuals; 223 on the first list, 24 on the second and 66 on the third. It should be pointed out however, that the names of the individuals alleged to have disappeared are repeated on some of the lists, for the obvious purpose of increasing, fictitiously, the number of these disappearances. Although the same name usually appears as the relative-claimant alongside the repeated name, one can see at a glance the lack of correspondence between the signatures, as can be seen, for example, in the cases in which Teresa Eltit Contreras, Jorge Ojeda Jara, Juan Maturana Pérez en Washington Maturana Pérez are named as the individuals who have disappeared, and Teresa Contreras, Arsolia Jara and Hernán Maturana appear as the relative-claimant. Among the missing whose names are repeated on the various lists, noted in a superficial review, the following can be mentioned: Arturo Barría Araneda, Teresa Eltit Contreras, María Angélica Andreoli Bravo, Isidro Pizarro Miniconi, Alvaro Barrios Duque, Jorge Ojeda Jara, Juan Maturana Pérez, Washington Maturana Pérez, Carlos Salcedo Morales, Carlos Lazo Quintero, Julio F. Flores Pérez, Juan Carlos Rodríguez Araya, Ercilia or 'Gabriela C.' Castro Calvadores, Mauricio Jorquera Encina, René Acuña Reyes and Francisco Aedo Carrasco.


         4. That in view of the foregoing, it is not considered necessary to appoint a Special Visiting Judge to take cognizance of the various proceedings currently underway in the various Criminal Courtrooms of the Departments of Santiago, Presidente Aguirre Cerda and San Bernardo, so long as the investigations are conducted in satisfactory fashion.


         The request made by Mr. Cristián Precht Bañados on folio 1 is hereby declared inadmissible, as are the other petitions formulated to this same effect by countless other individuals who claim to be relatives of the alleged missing persons.


         Agreed upon against the judgment of the President, Mr. Eyzaguirre and of Judges Ortíz, Retamal, Erbetta and Aburto, who were in favor of agreeing to the appointment of a Visiting Minister in such cases in which there may have been proceedings to investigate the presumed disappearance of individuals and in those which may have occurred this year, 1976.


         Let it be so recorded and filed.


         Written by Judge Bórquez.


         Handed down by the Chairman, Mr. José M. Eyzaguirre E., and by the Judges Eduardo Ortíz S., Israel Bórquez M., Rafael Retamal L., Luis Maldonado B., Octavio Ramírez M., Víctor M. Rivas del C., Osvaldo Erbetta V., Emilio Ulloa M., Marcos Aburto O., Estanislao Zúñiga C., and Abraham Meersohn S. Since he was on leave of absence Mr. Zúñiga did not sign, although he concurred with the decision.


          24.          On October 16, the Vicaría de la Solidaridad requested that the Court reverse its decision, pointing out the “factual errors the decision involve.” Furthermore, it added 40 new cases of individuals who had disappeared between July and August 1976, leaving out eight names from the previous list of 383 individuals. The request for a reversal was rejected on October 22.


          25.          In its (original) decision of October 13, the Supreme Court stated that 11 of the individuals included on the lists of the missing were under arrest by virtue of the State of Siege, when all those arrested under those circumstances were free by virtue of a government decision dated November 17, 1976. The Vicaría then asked the Court to provide the names of the 11 individuals under arrest. The Secretary of the Court certified the 11 names, contending that none of them appeared on the list of missing persons turned over in the brief filed by the Vicaría.


          26.          With new background information at its disposal, the Vicaría de la Solidaridad requested for a second time, a reversal of the October 13 decision, insisting upon its request for appointment of a Visiting Judge to investigate the disappearance of the individuals who have been singled out.


          27.          Presented below is the list provided by the Vicaría naming those individuals who disappeared in July and August 1976 and whose whereabouts were unknown as of December 2:




          1.          CANTEROS PRADO, EDUARDO


          49 years old


          Canteros Prado was arrested in front of his house by a number of individuals in civilian clothing who were travelling in a blue car, into which Canteros was forcibly placed; witnesses to this event were his wife, María Enelfa Gormaz Vera and Jorge Antonio Muñoz Muñoz; his niece, Clara Canteros Torres, has been missing since that same date.


          2.          CANTEROS TORRES, CLARA ELENA


          22 years old


          This individual disappeared on the street; on that same date, and uncle of Clara Elena, Eduardo Canteros Prado, was also arrested in front of his home by individuals in civilian clothing. He is also still missing.




          49 years old


          Gálvez Rivadeneira disappeared on a street, on the route between the Círculo de Periodistas and his home.


          4.          GIANELLY COMPANY, JUAN ANTONIO


          30 years old


          Gianelly Company disappeared on a public street; that same day three individuals who did not identify themselves went to the school where he taught, Girls' School Nº 24 of Santiago, and demanded that the principal give them the private address of Gianelly Company.


          5.          LÓPEZ SUÁREZ, NICOLÁS ALBERTO


          41 years old


          López Suárez was arrested on the street by two individuals in civilian clothing; the events were witnessed by a nephew of López Suárez.




          66 years old


          Martínez Quijon was arrested in the early-morning hours in his home at Roberto Espinoza 975, house 12, by five agents in civilian clothing, dressed in white shirts. His wife was tied by the feet and hands to the bed and blindfolded.


          7.          MIRANDA GODOY, DARÍO FRANCISCO


          23 years old


          On the specified date, Miranda Godoy disappeared along with Jorge Solovera Gallardo, who is also missing, on the way from the Federación del Metal local to the Servicios Culturales Puelche local.


          8.          MONTOYA VILCHES, RAÚL JILBERTO


          43 years old


          Montoya Vilches was arrested by individuals in civilian clothing, three men and a woman driving a blue Peugeot, while, having left his house, he was on his way to catch the bus.


          9.          MORAGA GARCÉS, JUAN HÉCTOR


          31 years old


          Moraga Garcés disappeared on the street; the next day his wife went to the Police Station at Población Roosevelt, Pudahuel Commune, where she was told that Moraga Garcés was arrested for drunkenness the night of July 22, and then taken to the Drunk and Disorderly Section located on Ave. Pedro Montt, in front of the Santiago Prison; going there, his wife was told that no one by that name had entered there.


          10.          QUIÑONES IBACETA, JUAN LUIS


          31 years old


          Quiñones Ibaceta was arrested by individuals in civilian clothing, on calle Balmaceda, between Manuel Rodríguez bridge and Bulnes bridge.


          11.          RODRÍGUEZ URZUA, ALEJANDRO


          49 years old


          Rodríguez Urzua disappeared en route from his office to another, to which he was going for work reasons. He went in a 1970 light blue Chevrolet, license number DY-821 of Las Condes, which has not been located. His office was searched.


          12.          SOLOVERA GALLARDO, JORGE


          28 years old


          On the above date, Solovera Gallardo disappeared together with Darío Francisco Miranda Godoy, who is also missing, while en route from the Federación del Metal local to the Servicios Culturales Puelche local.


          13.          TOLOSA VÁSQUEZ, JOSÉ VICENTE


          31 years old


          This individual disappeared on the street.


          14.          TURIEL PALOMERA, MARIANO LEÓN


          29 years old


          This individual disappeared on the street; he had been detained previously on October 21, 1975, by virtue of the state of siege, and released on December 23 of that year; on that occasion he was arrested under similar circumstances and was missing for a number of days.






          29 years old


          C. de I. 6.341.971, Santiago.

          Santander Miranda was arrested near his home by individuals in civilian clothing; he was put into a light blue, late-model Chevrolet, no license plate. The arrest was witnessed by his sister Lidia, Mrs. María Toledo Quezada and Mrs. Sonia Carroza Silva.


          2.          JERIA SILVA, ENRIQUE


          30 years old





          39 years old

          C. de I. 200.576, San Bernardo



          4.          INSUNZA BASCUÑAN, IVÁN


          43 years old


          Writ of Amparo record Nº 706-76 shows that the Director of DINA phoned the President of the Supreme Court, to tell him that he had information on Dr. Insunza; the day he disappeared he was driving his car, a Renault, license number OE-76 of Santiago, which has not been located to date.


          5.          MORALES MORALES, ROSA ELENA


          46 years old

          C. de I. 3.224.233, Santiago


          While traveling with a friend in a taxi, the taxi was stopped by a red car at the intersection of Lord Cochrane and Avda. Matta; individuals dressed in civilian clothing emerged and pulled both women from the cab and put them in their car; the friend was released some hours later.


          6.          VIVANCHO HERRERA, NICOLÁS HUGO


          30 years old


          His parents, Alicia Herrera Benítez and Hugo Vivancho Vega, disappeared on August 4, 1976 and were still missing as of August 5, 1976; Vivancho Herrera had filed a writ of amparo in the same of his parents before the Court of Appeals of Santiago (record 699-76); his uncle, Oscar Ramos Garnido, and his cousin, Oscar Ramos Vivanco, were detained on August 5, 1976, and are also still missing.


          7.          HERRERA BENÍTEZ, ALICIA


          45 years old


          Her husband, Hugo Vivanco, disappeared the same day; their son, Nicolás Hugo, disappeared on August 10, 1976; both are now missing.


          8.          VIVANCO VEGA, HUGO ERNESTO


          30 years old


          His wife, Alicia Herrera Benítez disappeared that same day; his son, Nicolás Hugo, disappeared on August 10, 1976; both are still missing. Her brother-in-law, Oscar Ramos Garrido, and her nephew, Oscar Ramos Vivanco, were arrested on August 5, 1976, and are also still missing.


          9.          VIZCARRA COFRE, CARLOS MARIO


          31 years old

          C. de I. 4.665.693 of Santiago


          On September 7, 1976, his home was searched by five agents in civilian clothing, carrying machine guns.


          10.          VILLARROEL SARATE, JUAN AURELIO


          55 years old



          11.          VEGA VEGA, JULIO ROBERTO


          61 years old

          C. de I. 1.252.460, Santiago


          This individual was arrested on the street by individuals in civilian clothing, who put him in a car.


          12.          SALGADO SALINAS, JORGE


          43 years old

          C. de I. 112.365, Quillota



          13.          FLORES GARRIDO, JOSÉ EDILIO


          28 years old


          Flores Garrido was detained at the intersection of Pirihueico and Club Hípico by individuals dressed in civilian clothing, who were driving a Peugeot, license plate FM-1 of Santiago and a Renault, license number ME-81 of Santiago. Mr. Esteban Munizaga was a witness to the arrest.


          14.          CORVALÁN VALENCIA, JOSÉ ENRIQUE


          46 years old


          This individual was arrested at the home of a friend, Mr. Alfredo Sánchez, at calle Ayacara Nº 8523, Población San Ramón, La Granja; Mr. Sánchez was also detained at that time and taken to Cuatro Álamos Camp, where he was released the following day. He stated that Corvalán Valencia was with him at Cuatro Álamos.


          15.          CASTILLO TAPIA, GABRIEL


          33 years old



          16.          ATENCIO CORTÉS, VICENTE


          47 years old



          17.          RAMOS VIVANCO, OSCAR ANTONIO


          24 years old


          Ramos Vivanco was arrested with his father, Oscar Ramos Garrido, also missing, at his home and in the presence of his family; the agents who made the arrest were dressed in civilian clothing; they searched the home, and took Ramos Vivanco and his father away in handcuffs, in a Peugeot. His brother-in-law, Hugo Vivanco Vega, and Vivanco Vega's wife, Alicia Herrera Benítez, disappeared on August 4, 1976; his cousin, Nicolás Vivanco Herrera, disappeared on August 10, 1976; all of them are still missing.


          18.          RAMOS GARRIDO, OSCAR ORLANDO


          60 years old


          Ramos Garrido was arrested with his son, Oscar Ramos Vivanco, who is also missing, at his home and in the presence of his family; the agents who made the arrest were dressed in civilian clothing; they searched the home and took them away in handcuffs; they were driving a Peugeot. His brother-in-law, Hugo Vivanco Vega, and the latter's wife, Alicia Herrera Benítez, disappeared on August 4, 1976; his nephew, Nicolás Vivanco Herrera, disappeared on August 10, 1976; all of them are still missing.


          19.          NAZAL QUIROZ, MIGUEL


          45 years old



          21.          MAUREIRA VÁSQUEZ, MARIO OSVALDO


          23 years old


          Maureira Vásquez was arrested on a street by an off-duty Carabinero in the presence of Santiago Edmundo Araya Cabrera and Juan Carrasco Castro; some days before he had taken part in a frustrated attempt at mass asylum in the site of the former embassy of Hungary, during which he was arrested and then set free.


          22.          JUICA VEGA, MARIO JESÚS


          34 years old





          28 years old


          This individual was arrested in San Bernardo and according to information from the family, taken to Carabineros Commissariat Nº 6 in that area, where he stayed for six days; on August 27, 1976, his brother Manuel was arrested in that same city by Carabineros from the same Commissariat, who later set him free, explaining that it had been a mistake.


          24.          SILVA BUSTOS, PEDRO EDUARDO


          40 years old

          C. de I. 3.809.582, Santiago


          On August 16, 1976, his home was searched by agents dressed in civilian clothing who were driving a vehicle without a license plate.




          52 years old



          26.          VARGAS LEIVA, MANUEL DE LA CRUZ


          54 years old

          C. de I. 1.169.190 Santiago


          His son, Manuel Vargas Manzur, had been arrested by DINA on a number of previous occasions, for questioning on his father's whereabouts.


          28.          Shortly before approving this report, the Commission received the following information:


         At the last full Court of Judges in 1976, held on January 31, 1977, the Supreme Court heard a request that a Visiting Judge be appointed to investigate the cases of 13 individuals alleged to have disappeared, after having been detained between last December 9 and 15.


         That it declares admissible the request that the Court of Appeals appoint a Visiting Judge to look into the proceedings being conducted in connection with persons alleged to be missing or alleged injuries.


          29.          However, a cable received by the Commission on February 8 of this year reported that:


         In case 2-77 initiated on January 31, 1977, by order of the Supreme Court of Justice at the request of the relatives in order to investigate the disappearance of Santiago Araya Cabrera and others, on February 7, 1977 the acting Special Visiting Judge, Mr. Aldo Guastavino, declared the investigation complete and the proceedings closed in view of the fact that the Acting Minister of the Interior reported that the individuals in question had fled the country through the Paso los Libertadores Argentina (formerly known as Paso de los Caracoles).


          C.          Illegal executions


          30.          In its Second Report the Commission dealt under this category with denunciations of “summary executions” and other violations of the right to life, alleged to have occurred between September and December 1973. These allegations involve application of the death penalty without allowing the prisoners to exercise the right to due process and, in some cases, retroactive application of laws enacted after September 11, 973.


          31.          In its replies on the individual cases and in its comments on the Second Report of the Commission, the Government of Chile denied events, but did not provide information and documents sufficient to arrive at a well-founded judgment with regard to these serious complaints. In only one case did the Chilean authorities specify the name of the lawyer who served as defense attorney.


          32.          During the on-site observation conducted in Chile, the Commission examined only one trial in which the death penalty was handed down, because it could not obtain the files on the individual cases mentioned above.


          33.          For this reason, in a resolution of October 24, 1975, the Commission recommended to the Government of Chile that “it conduct the proper investigations or continue such investigations as it may have initiated in connection with the executions denounced, holding responsible those who have violated the basic rights of those executed and informing the Commission of the results of said investigations.”


          34.          For his part, one of the claimants, on taking cognizance of the observations made by the Government of Chile with regard to the death by firing squad of Mario Silva Iriarte, repeated his denunciation to the Commission, in a communication dated June 10, 1976, in the following words:


         We are prepared to prove that Mario Silva was never tried nor found guilty of any crime, much less condemned by a competent court as the military government contends in its denials of this charge.


         We again denounce that Mario Silva was murdered without trial, and without having been found guilty of any crime.


         Mario Silva was not in Antofagasta on the day of the military coup and on being informed that he was being summoned by an edict in that city, went to Antofagasta and turned himself over to the authorities voluntarily, refusing the asylum offered him by the Embassy of Mexico, as he had no reason whatever to go into hiding or to try to escape.


         We therefore request that the evidence we are prepared to provide to substantiate the truth of our claim be taken into consideration, and to establish that the Government of Chile has falsified the facts in its response to this accusation.


          35.          The Commission hopes that Resolution 243 cited above, in which the General Assembly asked the Government of Chile to continue to give to the IACHR “all cooperation necessary to carry out its work,” will result in transmittal of the information and documentation requested by the Commission. More than one year and a half has elapsed since the Commission's resolution of October 24, 1975, and the IACHR has still not received the cooperation requested of the Chilean Government.


          36.          In summary, the conclusion reached is that during the period covered by this report:


         a. The number of claims of homicides imputed to the authorities declined, but the Government of Chile did not provide the Commission the cooperation necessary to enable it to make a judgment as to the responsibility for the deaths denounced, which the claimants impute to authorities of that country;


         b. When compared with the periods covered by the previous reports, the number of denunciations with regard to individuals arrested, missing and presumed dead also decreased; but as of the beginning of this year, reliable data indicate that with the earlier disappearances, the news faces of disappearances and the alterations made to the list of missing persons, the number of individuals who have disappeared was at that point 415;


         c. In response to the observations made by the Government of Chile on the Second Report of the Commission on alleged illegal executions, one claimant repeated his denunciations; however, the Government of Chile has continued to refuse to allow the Commission to view those parts of proceedings involving application of the death penalty, in those cases cited as illegal. Knowledge of these parts is indispensable to formulate a judgment on the denunciations in question.

[ Index | Previous | Next  ]