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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 CHAPTER
II BACKGROUND
OF THE VISIT TO CHILE
1.
The events occurring in Chile beginning September 11, 1973, which
resulted in the fall of the government elected in 1970, the death of President
Salvador Allende Gossens, and the installation of the government junta composed
of the commanders in chief of the three armed forces and the Director General of
the Police, under the presidency of the army Commander in Chief, General Augusto
Pinochet, caused the presentation of numerous complaints and denunciations
alleging violations of human rights to the Commission, and to the General
Secretariat of the Organization of American States. The Secretariat transmitted
them in the usual way to the Commission for it to take cognizance of them.
Acting in accordance with its Statute and Regulations, the Commission
immediately sent appropriate communications to the Government of Chile, which in
a number of cases furnished the information requested.
Meanwhile, denunciations of human rights violations in that republic
continued to increase. These denunciations were of much gravity and urgency that
they indicated the necessity to act with special seal.
With the consent of the Chilean government, the Commission decided to
send to that country its Executive Secretary, Dr. Luis Reque, to collect
information on a number of specific matters, and to add any comments that he
felt in his experience might assist the Commission to reach a judgment on the
general status of human rights in Chile and to study measures for better
carrying out its assigned task.
The following communications give an account of these episodes, and the
consent given by the Government of Chile for the visit of the Executive
Secretary. SEPTEMBER
17, 1973
HIS EXCELLENCY
REAR ADMIRAL ISMAEL HUERTA DÍAZ
MINISTER OF FOREIGN AFFAIRS
SANTIAGO (CHILE)
INTER-AMERICAN COMMISSION HUMAN RIGHTS HAS RECEIVED FOLLOWING
DENUNCIATION “AMNESTY INTERNATIONAL AND INTERNATIONAL COMMISSION OF JURISTS
DEEPLY CONCERNED ABOUT REPORTS OF MASS ARRESTS AND IN SOME CASES SUMMARY
EXECUTION OF POLITICAL OPPONENTS AS WELL AS REFUGEES FROM OTHER SOUTH AMERICAN
COUNTRIES, URGE OAS INTERVENTION TO SEEK AGREEMENT OF OTHER LATIN AMERICAN
COUNTRIES TO GRANT ASYLUM TO SUCH PERSONS AND TO PERSUADE MILITARY AUTHORITIES
IN CHILE TO PERMIT THEM TO LEAVE CHILE FOR THE COUNTRY OF THEIR CHOICE WILLING
TO RECEIVE THEM.” “NEW MILITARY JUNTA MUST CONTINUE TRADITIONAL RIGHT OF
POLITICAL ASYLUM GRANTED TO ALL POLITICAL REFUGEES IN LATIN AMERICAN COUNTRIES.
ALSO URGE NEW GOVERNMENT IN CHILE TO OBSERVE UNIVERSAL DECLARATION OF HUMAN
RIGHTS AND TO ACT JUSTLY AND HUMANELY WHEN IT DEALS WITH OPPOSITION MEMBERS.”
WE REQUEST YOUR EXCELLENCY TO FURNISH THIS COMMISSION WITH THE INFORMATION
DEEMED PERTINENT. WE WISH TO INFORM YOUR EXCELLENCY THAT IN LIGHT OF ARTICLE 42
REGULATIONS OF COMMISSION THIS REQUEST DOES NOT CONSTITUTE A PREJUDGMENT OF
ADMISSIBILITY OF THE DENUNCIATIONS. ACCEPT, EXCELLENCY, THE ASSURANCES OF OUR
HIGHEST CONSIDERATION.
JUSTINO JIMENEZ DE ARECHAGA
CHAIRMAN
LUIS REQUE
EXECUTIVE SECRETARY
SEPTEMBER 20, 1973
HIS EXCELLENCY
REAR ADMIRAL ISMAEL HUERTA DÍAZ
MINISTER OF FOREIGN AFFAIRS
SANTIAGO (CHILE)
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DEEPLY CONCERNED BY
COMMUNICATIONS IT HAS RECEIVED IN WHICH GREAT FEAR IS EXPRESSED THAT YOUR
EXCELLENCY'S GOVERNMENT MAY APPLY IMMINENT AND SEVERE REPRESSIVE MEASURES TO
MEMBERS OF OPPOSITION AND POLITICAL REFUGEES THAT WOULD NOT BE IN HARMONY WITH
THE FUNDAMENTAL RESPECT FOR RIGHTS OF THE INDIVIDUAL, SET FORTH IN THE OAS
CHARTER AND IN THE AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN,
FULFILLS ITS DUTY BY STRONGLY RECOMMENDING TO YOUR EXCELLENCY'S GOVERNMENT, IN
EXERCISE OF THE AUTHORITY GRANTED BY ITS STATUTE (ARTICLE 9.b), THAT ANY SUCH
MEASURES BE TAKEN IN ACCORDANCE WITH RESPECT FOR THOSE RIGHTS. THIS COMMISSION,
IN CONFORMITY WITH ARTICLE 9.d OF THE STATUTE, KINDLY REQUESTS YOUR EXCELLENCY'S
GOVERNMENT TO SUBMIT INFORMATION ON THE MEASURES THAT IT ADOPTS IN THE FIELD OF
HUMAN RIGHTS DURING THE PRESENT SITUATION. ACCEPT, EXCELLENCY, THE ASSURANCES OF
OUR HIGHEST CONSIDERATION. JUSTINO
JIMÉNEZ DE ARÉCHAGA CHAIRMAN LUIS
REQUE EXECUTIVE
SECRETARY SEPTEMBER 26,
1973
HIS EXCELLENCY
REAR ADMIRAL ISMAEL HUERTA DÍAZ
MINISTER OF FOREIGN AFFAIRS
SANTIAGO (CHILE) INTER-AMERICAN COMMISSION ON
HUMAN RIGHTS REPEATS TO YOUR EXCELLENCY REQUESTS FOR INFORMATION OF CABLEGRAMS
OF 17 AND 20 OF THIS MONTH. SINCE COMMISSION WILL SOON MEET IN COLOMBIA I
REQUEST YOUR EXCELLENCY TO AUTHORIZE EXECUTIVE SECRETARY OF THIS COMMISSION TO
VISIT CHILE TO GATHER FROM THAT GOVERNMENT INFORMATION ON SITUATION OF HUMAN
RIGHTS. SINCERELY, JUSTINO JIMÉNEZ DE ARÉCHAGA CHAIRMAN SEPTEMBER
26, 1973 JUSTINO JIMÉNEZ DE ARÉCHAGA INTER-AMERICAN COMMISSION ON
HUMAN RIGHTS WASHINGTON, D.C. IN RESPONSE TO YOUR CABLE OF
SEPTEMBER 20, I ASSURE THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, THROUGH
ITS CHAIRMAN, THAT THE CHILEAN GOVERNMENT WILL CONTINUE FAITHFULLY TO FULFILL
ITS OBLIGATIONS DERIVED FROM INTER-AMERICAN AGREEMENTS CONCERNING RESPECT OF
HUMAN RIGHTS. THE INDIVIDUALS PRESENTLY DETAINED, WHO ARE RECEIVING HUMANE
TREATMENT, WILL BE SENTENCED ONLY AFTER TRIAL, IF THEY ARE IMPLICATED IN
CRIMINAL ACTS. SINCERELY, ISMAEL HUERTA DÍAZ VICE ADMIRAL MINISTER OF FOREIGN AFFAIRS DELEGATION
OF CHILE TO THE ORGANIZATION
OF AMERICAN STATES 1255
New Hampshire Avenue, N.W. Washington,
D.C. 20036 Nº 709 October 5, 1973 Mr. Executive Secretary: As you will recall, I had the
pleasure of conversing with you on September 27, in the absence of the Chairman
of the Inter-American Commission on Human Rights, Mr. Justino Jiménez de Aréchaga.
I thus carried out specific instructions from my government, with respect to the
three cables that the Chairman of the Commission had sent to it requesting
information with regard to denunciations received concerning my country's
alleged violations of human rights. At that time, I reaffirmed the assurances
given to the Commission by direct cable from my government, that Chile would
continue to fulfill faithfully its obligations deriving from its inter-American
commitments with respect to human rights. I also assured you that persons now
detained in my country as of September 11 are receiving totally humane treatment
and will only be sentenced if they are convicted of being involved in criminal
acts. I also reaffirm to you that these assurances cover the absolute respect of
my government for the rules on the right of asylum. With regard to your request to
the Government of Chile that you visit this country solely for information
purposes, I stated to you that you would be informed in due course when you
could do so. I am now in a position to inform you that my government has no
objection to your coming to the country, if the Commission deems it appropriate. Before closing, I wish to
reiterate to you that the Government of Chile is ready and able to provide to
the Inter-American Commission on Human Rights any information that may be
required with respect to the status of human rights in Chile, provided the
concrete points that the Commission is interested in knowing are specifically
detailed. Please accept the assurances of
my highest consideration. Olegario Russi M. Acting Representative of Chile to the OAS Mr. Luis A. Reque Executive Secretary of the Inter-American Commission on
Human Rights Organization of American States
2.
Having received the above authorization, Dr. Reque traveled to Santiago,
Chile. He arrived there on October 12 and engaged in very intensive activity
from that date to the time of his departure, on the 17th.
It is appropriate to transcribe here the pertinent parts of his report
dated October 21, 1973, containing a detailed account of his activities. 1.
Interviews with Authorities of the Chilean Government a. With the Undersecretary of
Foreign Affairs
On Saturday the 13th at 9:00 a.m., I was received by the
Undersecretary of Foreign Affairs, to whom I expressed the Commission's
appreciation for authorizing my visit to Chile.
The Undersecretary stated that his government would be very pleased to
facilitate the work of the Inter-American Commission on Human Rights with regard
to the denunciations received respecting his country and told me that he would
furnish me all necessary information so that I could transmit it to the
Commission. b. With the Minister of the
Interior
On the same day, Saturday, October 13, at 10:00 a.m., I had an interview
with the Minister of the Interior, General Oscar Bonilla, whom I informed of the
purpose of my visit to Chile and particularly of the Commission's interest in
receiving information regarding: 1) detained persons; 2) political refugees; 3)
persons granted political asylum; and 4) those who had been summarily executed.
I also indicated that the Commission would appreciate any information that the
Government of Chile might supply on the status of human rights in that country.
The Minister of the Interior, General Bonilla, spoke first about the
Chilean political situation in the last three years; the efforts the National
Army had made to get the government of Dr. Allende to respect the constitution
and the laws; the assistance the Army had given to that government in solving a
number of crisis, particularly that of October, 1972. He stated that the
situation in the country was so critical in September that the army, much to its
regret, had to intervene to avoid civil war. He indicated that as a result of
the events of September 11, about 6,000 persons had been arrested in Santiago
and that they had been taken to the National Stadium because Santiago did not
have enough jails for such a large number of persons; that the prisoners were
treated humanely; that the torture referred to in the international press was
not in accord with the facts; that there were some 35 interrogation teams and
that as a result of the work of those teams, over 3,000 persons had been set
free; that arrests were continuing because sniper activities were also
continuing.
With respect to the status of political refugees, the Minister of the
Interior stated that around 13,000 foreigners did not have their documents in
order and were therefore residing illegally in the country; that many of them
had been involved in the internal affairs of Chile; that the government was
collaborating with the Regional Representative for Latin America of the United
Nations High Commissioner for Refugees; that the Chilean government would give
those refugees who had not been involved in the internal policy of Chile the
opportunity to get their documents in order; that those who wishes to leave
Chilean territory would be able to do so without any difficulty; and that those
who were involved in the internal affairs of Chile would be turned over to
military justice.
With regard to those given political asylum, General Bonilla stated that
Chile would respect its international commitments and that thus far around 1300
safe conducts had been granted.
The Minister of the Interior then spoke about the so-called summary
executions and the propaganda that had been unleashed abroad against Chile in
that regard. He indicated that in many cases it was not summary executions that
had occurred but skirmishes between the army or the police and snipers. He said
that, as a result of the activities of snipers, over 40 soldiers had been killed
and more than 200 had been wounded. With regard to summary executions he
indicated that the provisions on proper war-time penal procedures, set forth in
the Code of Military Justice, had been complied with.
When I stated to him that I would be interested in speaking with the
members of the Council of War and the lawyers of the executed persons, the
Minister stated that no summary executions had occurred in Santiago but that
they had occurred in Valdivia, Arica, and other places in the interior of Chile.
The Minister of the Interior concluded by stating that the Government of
Chile would provide me every necessary facility for carrying out my mission. He
added that Chile had permitted the visit of members of European Parliaments, the
International Red Cross, the representative of the United Nations High
Commissioner for Refugees, foreign journalists, etc.
When I asked him if there would be any objection to a visit to his
country by a subcommittee of the Inter-American Commission on Human Rights or
the full Commission, the Minister stated that there would be no objection
whatever, since his government had nothing to hide. c. With the Minister of Justice
On October 15, at 4:00 p.m., I had an interview with the Minister of
Justice, Mr. Gonzalo Prieto Gandara.
The Minister of Justice spoke about the legal consequences of Decree Law
Nº 3, published in the Official Gazette of September 18, which declared a state
of siege throughout the territory of the republic, beginning September 11, as
well as the legal consequences of Decree Law Nº 3, published in the Official
Gazette of September 18, which declared a state of siege throughout the
territory of the republic, beginning September 11, as well as the legal
consequences of Decree Law Nº 4, which declared a state of emergency in all the
provinces of the country. He described military justice and also referred to the
request that the Minister of the Interior had received regarding voluntary
collaboration of defense lawyers. He stated that, with the assistance of the Bar
Association, a list of 50 such lawyers had been drawn up. d. With the Chairman of the
Supreme Court of Justice
On Tuesday the 16th, I had an interview with the President of
the Supreme Court of Justice, Mr. Enrique Urrutia Manzano, who, after making a
statement on the situation Chile had gone through in the past three years, spoke
about the procedure that is followed when the country has been declared in a
state of emergency and about the relevant provisions of the Military Code of
Justice. He stated that persons accused of crimes would be judged under that
code for crimes committed as of September 11, 1973, and that offenders allegedly
having committed acts prior to that date would be subject to the procedures
established by regular justice. e. Documents
Submitted
As a result of the above interviews with authorities of the Chilean
government, I was furnished the following documents: 1)
Texts of some of the edicts issued by the government junta September
11-21; 2)
A list of provisions relating to state security; 3)
Information on the status and handling of detainees; 4)
The appendix to Official Army Bulletin Nº 43, which contains the text of
Law Nº 17798 establishing control of weapons; 5)
Decree Nº 1308 of October 3, 1973, authorizing the operation of the
National Committee to Aid Refugees; 6)
Copy of a secret memo of September 21, 1973, sent to the Minister of the
Interior by the Minister of National Defense, transmitting an official list of
deaths in Santiago September 11-20; 7)
Various documents concerning the status of Chilean refugees, and
confidential memos relating to the case of the Nicaraguan citizen María
Esperanza Valle Buitrago; 8)
The text of the speech given by the Minister of Foreign Affairs, Admiral
Ismael Huerta, at the United Nations General Assembly. 9)
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