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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
8.
The request for more information from the Government of Chile, decided
upon as a consequence of the study of this report, gave rise to the following
exchange of notes: June
3, 1974
Mr. Minister:
We have the honor to refer to Your Excellency's note of March 27, 1974 (OIA
Nº 4958), in which the distinguished Government of Chile has kindly furnished
information in connection with this Commission's note of October 24, 1973.
After careful examination of your note, the Commission, at its 32nd
session, held in this city April 8-18, felt it necessary to request again that
Your Excellency provide it additional information to enable it to reach
solidly-based conclusions.
1. With respect to the list of 16
persons who are reported to have disappeared, Your Excellency states that
“Thirteen 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.”
However, Your Excellency's note refers only to 12 of these persons, and
indicates only that they are “outside the country.”
It would be desirable for this Commission's work, to know which ones left
the country voluntarily and which ones were expelled, indicating for the latter
the reasons for their expulsion, and enclosing copies of the respective
decisions. The Commission would also like to know whether the foreigners
expelled were returned to their country of origin.
With regard to the case of Mr. Tulio Quintiliano Cardoso, who
disappeared “despite a full investigation of the case, as reported by the
Ministry of National Defense,” we would appreciate if if Your Excellency would
furnish us copies of the steps taken by that Ministry on this case. Similarly,
in connection with Gonzalo Vergal, we would appreciate knowing whether an
administrative or judicial investigation has taken place.
With regard to the case of Mr. Charles Horman, a United States
citizen, with respect to whom Your Excellency reports that “he was found shot
to death on a public thoroughfare on the morning of September 18, 1973,” we
request that Your Excellency be so kind as to furnish us additional evidence on
this event, and particularly, a copy of the documents certifying removal of the
cadaver or of any other document signed by the authorities who may have taken
cognizance of this event. The Commission also wishes to know whether the
investigation has terminated, and if so, what authority was in charge of it.
Finally, with regard to the list of 16 persons, we call to Your
Excellency's attention that, in the communication of March 27, we were not given
any information at all regarding Mr. Federico Vaires, a Salvadoran
student of the University of Santiago, who was arrested and taken to the TACNA
regiment headquarters, and disappeared. For that reason we again request that
the following information regarding this person be supplied: where he is; in
what state of health; whether he has been deprived of his liberty, and if so,
where; whether he has been brought to trial, indicating the judge or court; the
charges that were brought against him; whether he was defense counsel and if so,
the name and address of his counsel.
2. Of the twelve persons included in
this group, regarding whom the Commission received reports that they had died,
Your Excellency reports the death of Dr. Jorge Ríos Dalens (Bolivian); Sócrates
Ponce Pacheco (Ecuadoran); Litré Quiroga (Chilean); and Víctor
Jara (Chilean).
Regarding these persons, the Commission wishes to know the following:
a. What authority is in charge of
the investigation of the cause of the death of Dr. Ríos Dalens and the status
of the investigation.
b. Whether the death of Mr. Litré
Quiroga, an official of the overthrown government, is under investigation and in
charge of what authority and whether the “common criminals” who allegedly
committed the act, have now been brought to justice.
c. In the case of the
above-mentioned persons and in the case of Sócrates Ponce Pacheco and Víctor
Jara, we ask that Your Excellency submit to us documents certifying the
removal of the cadavers, signed by the competent authorities and the results of
the autopsies.
d. With respect to 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, and José
Oscar Machuca Espinosa, the Commission wishes to know what authorities are
in charge of the investigations of their cases. We appreciate Your Excellency's
offer to send the Commission, as soon as possible, information establishing the
status of these persons.
3. With respect to persons allegedly
subjected to torture or to maltreatment, Your Excellency has supplied
information with respect to the present status of Margarita Echeverría
(Chilean), Dr. Ricardo Elena (Uruguayan), Flora Espinosa Díaz
(Chilean), Felipe Iñigas (Bolivian), Delbo Ignacio da Silva
(Uruguayan) and Claudio Weber Ubilla (Chilean), indicating whether they
are outside the country or released. Consequently, the Commission wishes to know
regarding these persons whether the maltreatment or the tortures referred to in
the denunciations have been proven and whether, if so, procedures have been
instituted to determine the persons responsible and to impose appropriate
punishment.
4. Regarding the cases of Samuel
Pasik (Argentine), Ignacio Miashira (Bolivian) and Raúl Irene
Estrada (Mexican), who were detained in the National Stadium and regarding
whom Your Excellency reports that they are outside the country, we request
additional information on whether these persons left the country voluntarily or
were expelled, and if so, we request copies of the relevant decisions.
In addition, we request that Your Excellency inform us whether in the
cares of Manuel Vázquez and Soledad Urzía Pérez (Chileans),
investigations were conducted to ascertain their whereabouts and their status.
With respect to Laura Martínez Silva, imprisoned September 27 in the
National Stadium and María Elena Gallardo, imprisoned October 10 in the
same place, we call Your Excellency's attention to the fact that in your
communication of March 27, no information at all is furnished on these
individuals, and we therefore again ask that you provide us any information you
deem relevant.
With regard to María Emilia Tijoux, imprisoned September 27 in
the National Stadium, concerning whom Your Excellency reports that she is
“detained in the Women's House of Correction, indicted by a regular court”
and that “the inquest is being conducted by Judge Izurieta, of the Court of
Appeals of Santiago”, we would appreciate it if Your Excellency would inform
us of the crime of which she is accused and the status of the case.
The Commission appreciates the readiness of the distinguished Government
of Chile and of Your Excellency, in particular, to supply the information that
we have requested and we understand the difficulties indicated by Your
Excellency with respect to obtaining the data that the Inter-American Commission
on Human Rights requires for its examination of the denunciations that have been
made to it and to fulfill its mandate to promote the observance of human rights
in the American states.
Accept, Excellency, assurances of our highest consideration.
Justino Jiménez de Aréchaga
Chairman
Luis Reque
Executive Secretary
His Excellency Admiral Ismael Huerta Diaz
Minister of Foreign Relations
Santiago, Chile
Republic of Chile
Minister of Foreign Affairs
Nº 10348
Santiago, June 26, 1974
Mr. Chairman:
I have the honor to reply to your note of June 3, in which the
Inter-American Commission on Human Rights requests additional information to
that sent by my government on March 27.
In this regard, I must respond to part of your request by informing you
that, as soon as my Ministry obtains the information on the other parts of your
request, I will submit it to you for your information and that of the Commission
over which you preside:
1. Luis Carlos de Almeida.
Brazilian. Was granted asylum in the Embassy of Sweden. Traveled on November 16,
1973, to Stockholm.
2. Roberto Metzer Thomas,
Brazilian. Was expelled from the country and traveled, through the CIME, to
Sweden on November 7, 1973.
3. Antonio José Barros.
Brazilian. Was expelled from the country and traveled, through the CIME, to
Sweden on January 3, 1974.
4. Antonio Moreno. Bolivian.
Was expelled from the country and traveled, through the CIME, to Sweden on
January 3, 1974.
5. Luis Velez. Bolivian. Was
expelled from the country and traveled, through the CIME, on November 4, 1973.
6. Carlos Toranzos. Bolivian.
Was granted asylum in the Mexican Embassy, and traveled to Mexico City under a
safe conduct issued by my Government.
7. Julio Baraibar. Uruguayan.
Was expelled from the country and traveled, through the Swedish Embassy, to
Stockholm on October 30, 1973.
8. Miguel Angel Ortiz Suárez.
Uruguayan. Was expelled from the country and traveled through the Swedish
Embassy to Stockholm on October 30, 1973.
9. Dr. Marquez Rogalino.
Traveled in the first week of October to Ecuador.
10. Dr. Rafael de León.
Guatemalan. Expelled from the country. Traveled, through the CIME, to the
Federal Republic of Germany on January 1, 1974.
11. Luis Alvarado. Chilean.
Was granted asylum in the Mexican Embassy, and traveled to Mexico City on
October 13, 1973.
12. Jorge Sabogal. Colombian.
Was expelled from the country. Traveled, through the CIME, to Colombia on
December 21, 1973.
13. Samuel Pasik. Argentine.
Was expelled from the country. Traveled to Buenos Aires on November 20, 1973.
14. Ignacio Miashira.
Bolivian. Was expelled from the country. Traveled, through the CIME, to Sweden
on November 11, 1973.
15. Raúl Irena Estrada.
Mexican. Was expelled from the country. Traveled, through the CIME, to Sweden on
November 11, 1973.
I take this opportunity, Mr. Chairman, to express assurances of my
highest consideration.
Ismael Huerta Díaz
Vice Admiral
Minister of Foreign Affairs of Chile
Justino Jiménez de Aréchaga
Chairman of the Inter-American Commission
on Human Rights
Washington, D.C.
Republic of Chile
Ministry of Foreign Affairs
Santiago, July 5, 1974
OIA Nº 11098
Mr. Chairman:
I again refer to your note of June 3, in which you request that
information be submitted to the Inter-American Commission on Human Rights on the
status of various persons.
Having obtained additional information to that of my note of June 26, I
now submit it to the Commission over which you preside. The case of Antonio
Federico Baires. He was imprisoned in the National Stadium and later
expelled from the country. He went to El Salvador on November 30, 1973.
With regard to the inquiry in point 3 of your communication of June 3, on
individuals allegedly subjected to torture or maltreatment, I can tell you that
no denunciation by those persons has been received in the civil, criminal or
military courts. The Chilean legal penal system classified as crimes, in
articles 255 and 397, the actions denounced in your communication, and the means
to activate the judicial mechanism is through the procedures contained in the
Code of Penal Procedures, none of which have ever been repealed.
This country respects the rights and freedom of those living or present
in Chile, and if situations such as those described are denounced through
appropriate channels, our judicial system will, as always, investigate the
facts, and if it is found that there are persons responsible, the penalties
provided by law will be imposed on them.
Accept, Mr. Chairman, assurances of my highest consideration.
Ismael Huerta Díaz
Vice Admiral
Minister of Foreign Affairs
To
Mr. Justino Jiménez de Aréchaga
Chairman of the Inter-American Commission
on Human Rights
Washington, D.C.
9.
However, in April, 1974, the Commission agreed, after carefully examining
all of the documents on the matter, that, while some denunciations on individual
cases might be clarified through an exchange of notes with the Government of
Chile, no decision on the general situation, that is to say, on the repeated
denunciations that serious and massive violations of human rights occurred in
Chile, could be adopted without resorting to the procedure of examination “in
loco” of the situation, as provided for in Article 50 of the Regulations.
Pursuant to that decision, a note was sent to the Government of Chile,
dated April 18, 1974, reading as follows:
Excellency:
The Inter-American Commission on Human Rights has followed with much
attention the unfolding of events that have occurred in the Republic of Chile
since September 11, 1973, analyzing them in relation with the effective
operation and protection of human rights.
This interest has been made manifest by the frequency with which we have
corresponded with the Government of Your Excellency since that date in
fulfillment of the obligations imposed upon us by the clear standards which
govern our activity.
We have already had the opportunity to acknowledge formally—and we are
pleased to repeat it on this occasion—that the Government of Your Excellency
has endeavored to offer ample information on the majority of the questions which
the Commission has formulated. Likewise, we expressly acknowledge the facilities
accorded to the Executive Secretary of the Commission during his visit in
mid-October 1973.
During this session, the study of the present situation of human rights
in Chile has taken a great part of our time. On the one hand, we have examined
those individual cases, clearly determinable, in which the violation of certain
fundamental rights of one or several specified persons has been denounced. But,
in addition, it has been necessary to analyze separately that which we might
call a “general case,” that is, the aggregation of charges from different
sources according to which there is a policy in Chile which would imply,
according to the claimants, the systematic disregard of fundamental human
rights.
The Commission still lacks important evidence that would permit it to
form a definitive opinion on many of the individual cases under examination; but
it is especially in relation to that which we call a “general case” that
greater contradictions appear—still insolvable by us—between the allegations
of the claimants and the information furnished by the Government of Your
Excellency.
The imperative necessity to carry out the duties that the American states
have imposed on the Commission in approving its Statute, leads us in this case,
after a very careful consideration of the surrounding circumstances, to exercise
the faculty conferred by Article 11 of the Statute and Article 50 of the
Regulations, precepts that, constituting one of the normal means by which we do
our work, foresee that we might request authorization of a government in order
to examine in its territory the situation of human rights, for the purposes
contemplated in Article 150 of the Charter of the Organization of American
States, amended by the Protocol of Buenos Aires of 1967 and Article 9 (bis) b
of the Statute of the Commission.
The Commission believes that only by working in such a manner can it take
a decision with full knowledge of the facts with respect to the situation of
human rights in Chile, whether it be to recommend the measures that it deems
necessary for their complete protection or whether it be to be able to affirm,
on the other hand, that the violations denounced did not take place.
The ample understanding shown to date by the Government of Your
Excellency leads us to believe that the request for authorization will be
granted and, in such case, we wish to say in advance that the Commission
considers that next June 1st would be the best date for commencing
its work.
Awaiting decision on this request, I repeat, Excellency, the assurances
of my highest consideration.
(s) Justino Jiménez de Aréchaga
Chairman
His Excellency
Rear Admiral Ismael Huerta Díaz
Minister of Foreign Affairs
Santiago, Chile
This note, as indicated expressly in its text, constitutes the broadest
and most absolute recognition of the incontrovertible right of the Government of
Chile to grant or deny the consent requested of it. The Commission therefore
conformed to the precise terms of the standards then in force, notwithstanding
which our communication gave rise to certain erroneous interpretations.
10.
The Government of Chile, through the Acting Minister of Foreign Affairs,
replied by cable dated May 15, that, since the Chairman of the military Junta
and the Minister of Foreign Affairs were outside the country, he considered it
preferable to await their return before giving a specific reply to our note, but
stated that the date indicated by us seemed somewhat premature. The text of the
cable is as follows:
Mr. Justino Jiménez de Aréchaga
Chairman of the Inter-American Commission
on Human Rights
Washington, D.C.
The Ambassador of Chile to the OAS advised me yesterday of the text of a
note, dated April 18, that you had sent to the Minister of Foreign Affairs of
Chile, Vice Admiral Ismael Huerta, a note which, to this moment, has not been
received in this Department of State. This leads me to respond by cable to that
communication.
In view of the fact that the President of the Government Junta and the
Minister of Foreign Affairs are currently in Paraguay and that the latter will
make an official visit to Argentina immediately afterwards, I prefer to await
the return of both before giving a concrete response to your petition that the
Commission on Human Rights travel to Chile. But, of course, I can say in advance
that the date suggested by you of the first of June is somewhat premature due to
the aforementioned circumstances.
Very truly yours,
Patricio Carvajal
Acting Minister of Foreign Affairs of Chile
Santiago de Chile
May 15, 1974
On May 16, we replied as follows:
IN RESPONSE TO CABLEGRAM YOUR EXCELLENCY OF 15 OF THIS MONTH, FORWARDED
BY CHILEAN DELEGATION TO THE ORGANIZATION OF AMERICAN STATES, INTER-AMERICAN
COMMISSION ON HUMAN RIGHTS SINCERELY REGRETS THAT YOUR EXCELLENCY’S GOVERNMENT
CONSIDERS, FOR THE CIRCUMSTANCES INDICATED IN YOUR AFOREMENTIONED CABLEGRAM,
THAT THE DATE OF FIRST OF JUNE SUGGESTED BY THIS COMMISSION TO MEET IN TERRITORY
OF CHILE WITH THE OBJECT OF CONTINUING ITS EXAMINATION OF THE SITUATION OF HUMAN
RIGHTS “IS SOMEWHAT PREMATURE.” COMMISSION IN EXERCISE ITS IRREVOCABLE
MANDATE TO WATCH OVER OBSERVANCE HUMAN RIGHTS, AND IN VIEW OF THE SERIOUSNESS
AND URGENCY OF THE ACTS DENOUNCED, HOLDS TO ITS FIRM INTENTION TO VISIT CHILE AS
SOON AS POSSIBLE TO STUDY IN LOCO DENUNCIATIONS WHICH ALLEGE VIOLATIONS
OF HUMAN RIGHTS, ESPECIALLY RIGHT TO LIFE, LIBERTY AND PERSONAL SECURITY, RIGHT
OF PROTECTION FROM ARBITRARY ARREST, AS WELL AS RIGHT TO DUE PROCESS OF LAW, SET
FORTH IN ARTICLES I, XXV AND XXVI OF THE AMERICAN DECLARATION OF THE RIGHTS AND
DUTIES OF MAN APPROVED IN THE CONFERENCE OF BOGOTÁ WITH THE AFFIRMATIVE VOTE OF
CHILE. WE WISH TO EXPRESS ANEW TO YOUR EXCELLENCY THAT IN LIGHT OF ARTICLE 42
REGULATIONS COMMISSION REQUEST OF AUTHORIZATION DOES NOT CONSTITUTE A JUDGMENT
IN ADVANCE ADMISSIBILITY OF DENUNCIATIONS. AWAITING DEFINITIVE DECISION BY YOUR
EXCELLENCY'S GOVERNMENT ON AUTHORIZATION REQUEST, ACCEPT EXCELLENCY ASSURANCES
HIGHEST CONSIDERATION.
JUSTINO JIMÉNEZ DE ARÉCHAGA
CHAIRMAN IACHR
LUIS REQUE EXECUTIVE SECRETARY
11.
On May 22, that is to say, six days after the Commission cabled its
reply, it issued a press release (Nº 17, as follows:
The Inter-American Commission on Human Rights, during its thirty second
session, held April 8-18, 1974 in Washington, D.C., in view of the number and
seriousness of the denunciations of alleged violations of human rights that it
had received in relation to Chile and in accordance with the provisions of the
Statute of the Commission, decided to request of the Government of Chile the
authorization necessary to meet in that country and thus obtain additional
information on the cases denounced.
To that end, the Chairman of the Commission, Dr. Justino Jiménez de Aréchaga,
sent the following note, dated April 18, 1974, to the Government of Chile:1
By way of reply, the Government of Chile, through its Representative to
the OAS, sent the following cablegram on May 15 to the Commission:2
In turn, the Chairman of the Commission, reaffirming the desire of the
Commission to visit Chile in light of the situation there, responded as follows
on May 16, 1974:3
There was great interest in the press to know the status of these
actions, as expressed at the last OAS General Assembly, and it was therefore
deemed desirable to issue this press release so that any information published
on this matter would be true and objective. The Commission has proceeded in the
same way in similar cases.
12.
On May 23, 1974, the Government of Chile sent its reply, signed by the
Minister of Foreign Affairs. The Commission received the reply on the 24th.
The note expressed the Chilean Government's assent regarding the Commission's
request that it be granted the consent required by Article 11 of the Statute and
Article 50 of our Regulations. It thus accepts the Commission's competence to
request such consent and exercises the Government's power to grant or deny it.
The text is as follows:
On returning to my post after official visits to the Argentine Republic
and Paraguay, I have learned of exchange of communications between Acting
Minister and you.
I cannot fail to express to you my surprise at text of cable dated May
16, in which you state that Commission you head “holds to its firm intention
to visit Chile as soon as possible to study in loco denunciations which
allege violations of human rights.” You seem to forget, that in order to do
such, in accordance with both the Statute and the Regulations of the Commission,
the prior consent of the Government of Chile is required.
You also seem to forget the terms of your own earlier communication of
April 18, in which you expressly recognize that my government has sent ample
information on the majority of the inquiries made by the Inter-American
Commission on Human Rights and likewise recognize the facilities granted to the
Executive Secretary thereof during his visit to Chile at the end of last year.
Nevertheless, and in consideration of the work carried out by the
Commission, I have no objection to granting the consent of my government for the
Commission to go to Chile, provided the date is previously agreed upon with my
government.
That date could be during the course of the month of July, which would be
an appropriate time for the undersigned, who wishes to receive the members of
the Commission personally, as they should be received.
The period until then will be very useful for my government to be in a
position to gather and provide to those making the visit the reports on the acts
that have been denounced to the Commission and that make up what you call, in
your communication of April 18, “the general case” of Chile, which,
precisely because it is so generic, has not made it possible to see what are the
antecedents that would justify the request of the Commission in accordance with
its Statute and Regulations. It would, therefore, be necessary that, in
accordance with those instruments, you specify at once the information that you
need.
Sincerely yours,
Ismael Huerta
Vice Admiral
Minister of Foreign Affairs of Chile
Santiago, Chile
The note contains some passages that might have merited a reply by the
Commission, but it was decided to overlook them. These passages sought to place
the Commission in the false position of proposing to deny to the State to whom
the request was made the right to grant or withhold consent for the conduct of
an “in loco” investigation.
13.
In order to maintain the highest level of cordiality in the Commission's
relations with the Government of Chile, we replied to the Minister's
communication in the following terms, without alluding to any of the questions
referred to in the previous note:
HIS EXCELLENCY
VICE ADMIRAL ISMAEL HUERTA
MINISTER OF FOREIGN AFFAIRS
SANTIAGO, CHILE
IN RESPONSE YOUR EXCELLENCY'S CABLEGRAM OF MAY 23, FORWARDED BY CHILEAN
DELEGATION TO THE ORGANIZATION OF AMERICAN STATES, WE WISH TO EXPRESS, IN NAME
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, SINCERE APPRECIATION YOUR
EXCELLENCY'S GOVERNMENT FOR AUTHORIZATION GRANTED SO THAT COMMISSION MIGHT VISIT
CHILEAN TERRITORY TO CONTINUE EXAMINATION OF ALLEGED VIOLATIONS HUMAN RIGHTS. WE
WISH TO EXPRESS TO YOUR EXCELLENCY THAT PURPOSE OF OUR CABLEGRAM OF MAY 16 WAS
NONE OTHER THAN REQUEST AUTHORIZATION PROVIDED BY STATUTE AND REGULATIONS, WHICH
HAD NOT BEEN FORGOTTEN BY THE COMMISSION. WITH RESPECT TO DATE PROPOSED BY YOUR
EXCELLENCY, WE SHALL CONSULT MEMBERS OF COMMISSION IN ORDER TO GIVE ADEQUATE
RESPONSE. WE SHALL SOON REQUEST ADDITIONAL INFORMATION TO THAT SUBMITTED BY YOUR
EXCELLENCY BY DOCUMENT Nº 4958 OF LAST MARCH 27. WE REPEAT, EXCELLENCY,
ASSURANCES OF OUR HIGHEST CONSIDERATION.
JUSTINO JIMÉNEZ DE ARÉCHAGA
CHAIRMAN
LUIS REQUE
EXECUTIVE SECRETARY
14.
In order to coordinate the visit of the Commission, the Chairman sent the
following cablegram to the Government of Chile on May 28:
HIS EXCELLENCY
VICE ADMIRAL ISMAEL HUERTA
MINISTER OF FOREIGN AFFAIRS
SANTIAGO, CHILE
IN ORDER TO ARRANGE IN CONCURRENCE WITH YOUR EXCELLENCY'S GOVERNMENT DATE
FOR COMMISSION'S VISIT TO CHILE I REQUEST THAT YOUR EXCELLENCY AUTHORIZE
EXECUTIVE SECRETARY OF COMMISSION TO VISIT SANTIAGO. SINCERELY YOURS,
JUSTINO JIMÉNEZ DE ARÉCHAGA
CHAIRMAN
IACHR
15.
The Executive Secretary visited Santiago, Chile, after meeting in
Montevideo with the Chairman of the Commission, to reach agreement on all of the
details for the visit and the assistance that would be required from the
Government of Chile, especially to be able to visit freely all of the locations
that were indicated as being used for the detention of persons, to interrogate
prisoners, to examine files, etc. Finally, July 22 was set as the date for beginning the visit.
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