Nº 1790, presented through a communication dated November 9, 1973,
denounces the alleged arrest, torture and presumed death of Dr. Enrique
París Roa, physician and advisor, to the President of Chile, Salvador
Allende, events that allegedly began on September 17, 1973.
a note dated January 9, 1914, the CIDH requested the Government of Chile
to provide the appropriate information.
Government of Chile, through its Delegation to the OAS, reported in a
note dated April 12, 1974 (Nº 345) that it had no official information
about the person of Dr. París Roa who seems to have disappeared and
that investigations were continuing to establish his situation. The
Government of Chile offered to report on the results of that
Commission considered this report at its thirty-second session (April
1974) and, bearing in mind the reply of the Government of Chile, decided
to postpone examination of the case until it received the information
offered and to transmit to the complainant the pertinent parts of the
the Government of Chile, in a note dated July 6, 1974, supplemented its
reply of April 12 in Letter Nº 652 stating the following:
the investigations to establish fact concerning Mr. París are still
continuing, and in accordance with provisions of Article 51, paragraph 2
of the Rules of Procedure of the CIDH, I request your Excellency to be
good enough to transmit to the Commission of which you are the Chairman
a request from your Government for an extension of the time limit of an
additional 90 days for providing information on Case Nº 1790 relating
to Mr. Enrique París Roa."
an investigation in loco of the CIDH in Chile, the complainant
and other individuals appeared in person at the offices of the
Commission to supplement the complaint.
its thirty-fourth session (October 1974) the CIDH decided to postpone
its decision on the merit of the case, thereby providing the Government
of Chile time to add to the information it had provided. This decision
was brought to the attention of the claimant on November 14, 1974.
the thirty-fifth session (May 1975), the Commission continued to study
the case, bearing in mind that the 180-day period provided for under
Article 51 of the Regulations and the 90-day extension granted so that
the Government of Chile could provide the necessary information had
therefore decided to appoint Dr. Robert F. Woodward as rapporteur to
prepare, based on the above background information, a draft resolution
in application of Article 51, presuming confirmation of the events
denounced in the communication of November 9, 1973.
rapporteur prepared the draft (doc.33-35), which the Commission approved
at the 439 meeting.
text of the resolution approved is as follows (OEA/Ser.1/V/II.35,
a communication dated November 9, 1973, the following was denounced:
undersigned, María Eugenia Horwitz Vásquez, a Chilean national
residing at Marchant Pereira 2095, Santiago de Chile, wishes--to report
the following to the Inter-American Commission on Human Rights, for the
purposes set forth in its Statute and Regulations:
September 11, Dr. Enrique París Roa, of Merchant Pereira 2095, Santiago
de Chile, was at La Moneda Palace in his capacity as physician and
member of the Executive Committee of the University of Chile and advisor
on Higher Education, Science and Technology to President Salvador
Allende. At 10:30 a.m. he telephoned his mother, wife and children from
La Moneda Palace in order to inform them of his decision to remain with
the President of the Republic during the difficult moments facing him at
that time. After the death of President Allende, he was arrested and
sent to the headquarters of the Tacna Regiment in Santiago, where a
number of witnesses have reported to members of his family, he was
publicly tortured; these individuals are not mentioned because we
justifiably fear for their freedom or even their lives. It was
officially acknowledged to the former Rector of the University of Chile,
Edgardo Boeninger, that Dr. Enrique París Roa was being held at the
headquarters of that regiment. Other individuals attached to the
University and representatives of the Church received the same reply.
September 17, neither the authorities officially consulted nor members
of his family have been able to secure any trustworthy information as to
where he is being held or his state of health.
number of foreign publications and radiobroadcasts have reported his
alleged death as a result of the torture inflicted upon him, and this
has neither been acknowledged nor denied by government officials.
events took place on September 11, 1973, at La Moneda Palace Santiago
Chile, and at the headquarters of the Tacna Regiment in Santiago.
local authority that had jurisdiction of the case was the Court of
Appeals of Santiago, under number 529-73, of September 29, 1973.
seen the background information on the case, the First Chamber of the
First Court of Appeals officially notified the Investigation Service,
which, on October 1, 1973, replied as follows:
from this office made the necessary inquiries at police headquarters and
branch units and found that the arrest of Enrique París Roa is not on
same Court of Appeals also wrote to the Post Commander, who, in a reply
dated October 14, 1973, stated verbatim, the following:
on writ of amparo Nº 529-73 in the name of Enrique París Roa, the
U.S.I. is hereby informed that this individual is not being held by
order of the military courts in this jurisdiction and having made a
number of inquiries, it has not been established that this individual
has been detained by any order from administrative authorities.
appeal was made to the First Court of Appeals in Santiago through a writ
of amparo; the reply is presented below, the veracity of which his
family feels is unlikely. If he had not been detained, one of his
relatives would know his whereabouts.
former Rector of the University or Chile, in exercise of his duties, and
the University’s legal advisory services did not receive a
satisfactory reply as to the status of Dr. París Roa after September
October 27, 1973, the Medical College of Chile began to take official
steps, which have not had any success to date.
only are those witnesses not subject to further danger should they be
called upon to provide information on to this case:
Sergio Badiola, former Military Aide-de-Camp of President Allende, and
Alejandro Porlier, former physician of President Allende, asylum in the
Embassy of Venezuela in Santiago de Chile; Arturo Girón, former
physician to the office of the Presidency of the Republic, being held on
Dawson Island, Chile; Osvaldo Puccio, former Private Secretary to the
President, being held on Dawson Island; Oscar Soto, former physician to
the Presidency, asylum in the Embassy of Mexico in Santiago, have
testified that Dr. Enrique París Roa left La Moneda Palace alive after
the death of President Allende.
undersigned is the wife of Dr. Enrique París Roa; if it will help to
clarify the actual facts on the situation, she is willing to have her
named used. (S) María Eugenia Horwitz Vásquez. Santiago, November 9,
accordance with the power conferred upon it by virtue of Article 9 (bis)
of its Statute, this Commission requested the Government of Chile,
through a note of January 9, 1974, to provide the appropriate
information, transmitting to the Government of Chile the complete text
of the denunciation quoted in the above paragraphs, in the manner
provided for under articles 42.1 and 44 of its Regulations.
its thirty-second session (April 1974), noting that the Government of
Chile had not replied to the request for information, the Commission
agreed to repeat its request for information by cable, which was done
through a comuniqué sent April 11, 1974.
a telegram sent on April 11, 1974, in reply to the message sent by the
Commission, the Government of Chile reported to the Commission:
regard to the situation of Enrique París Roa, I can report that there
is no official background information on that individual, who would
appear to have disappeared. Investigations to establish his whereabouts
continue. I will report to Your Excellency any information that the
investigations ordered by the Government yield..." and
a telegram dated July 6, 1974, addressed to the Chairman of the
Commission, the Government of Chile added the following comment:
view of the fact that the investigation establish facts concerning Dr.
París are still under way, and in accordance with the provisions of
article 51, paragraph 2, of the Regulations of the CIDH, I would ask
Your Excellency to kindly transmit to the Commission over which you
preside our Government’s request to extend the deadline for provision
of information on case 1790 on Mr. Enrique París Roa, for an additional
a communication of July 8, 1974, the Commission replied to the
Government of Chile by extending the deadline for case 1790 for another
Government of Chile has failed to provide further information on the
case. The Commission feels that the situation denounced is adequately
proven by the documents it has in its hands, and that Dr. París Roa was
in fact moved to the headquarters of the Tacna Regiment under arrest
having come under the authority of that Regiment, it is the Government
of Chile’s responsibility to report on his whereabouts, his life, or
any judicial proceedings to which he has been submitted, and that its
silence is not justified in this case.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
presume confirmation of the allegations with regard to which information
has been requested, in application of Article 51 of the Regulation.
include this resolution in the Annual Report that the Commission
presents to the General Assembly of the Organization (Article 9 (bis) c
of its Statute), making known that the allegations contained in
communication 1790 constitute a very serious case of the violation of
the right to life and personal security set forth in Article I of the
American Declaration of the Rights and Duties of Man.
urge the Government of Chile to continue its investigations as to the
fate of Dr. París Roa, assigning responsibility to those who have
violated his basic rights and informing this Commission of the results
of those investigations.
transmit the text of this resolution to the Government of Chile and to
resolution was transmitted to the Government of Chile on August 6, 1975,
and to the claimant on the same date.
the thirty-sixth session (October 1975) the Commission considered the
status of case 1790 in order to establish whether the Government had
implemented the recommendation contained in operative paragraph 3 of the
Resolution approved on May 29. At this point in the case, it took
cognizance of the cable sent by the Government of Chile on May 301975,
received at OAS headquarters in Washington on May 31; transmitted to the
CIDH, the cable arrived at its office on June 2 (after the thirty-fifth
session, which took place from May 20 to 30, 1975, had ended). The cable
reported the following with regard to case 1790: "The Government
made every possible effort to clarify the situation, but obtained
negative results. It would be pointed out that on September 11 and days
following, a state of real war existed, where a number of people died,
possibly including Dr. París. Nevertheless, neither his arrest nor his
death is on record in any service.
on the information available, the Commission agreed at that same
session, to confirm the Resolution approved on May 29 1975, prorsuming
confirmation of the matters denounced in the complaint.