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UNITED NATIONS Distr. ECO GENERAL te/ , , E/GN.4/1207 AND ' © i ••..••'••S>;Í /ff 16 February 1976 ENGLISH SOCIAL (3l»:iL Original ! ENGLISH/SPAITISH* COmiSSION ON HUÎ-IAN itIGHTS Thirty-second session Agenda item 5 STUDY' OF REPORTED VIOLATIONS OF HUMAN RIGHTS IN CHILE, WITH PARTICULAR REFERENCE TO TORTURE AND OTHER CRUEL, INHU^IAN OR DEGRADING TREATMENT OR PUNISHMENT Note by the Secretariat By letter dated 16 February 1976, addressed to the Director of the Division of Human Rights, the Permanent Representative of Chile to the united Nations Office at Geneva has requested the distribution of the attached material as a document of the Commission. English and Spanish texts provided by the Government of Chile. GE.76-2472 E/CN.4/1207 page 2 OBSERVATIONS OP THE DELEGATION OP CHILE ON THE REPORT OP THE AD HOC WORKDIG GROUP (DOCUMENT E/CN.4/1I88) I. Introduction Examples of the Report's lack of objectivity (a) Misleading information (b) Omi ssions in the Report II. Analysis of some aspects of the Report (a) Relations between the Catholic Church and the Government of Chile (b) Considerations related to the state of siege (c) The media (d) Unconstitutionality of the Decree Laws adopted by the Junta (e) Independence of the Judiciary in Chile (f) Freedom from arbitrary arrest or imprisonment; the right to a fair trial, and the presumption of innocence. (g) Missing persons (h) Torture and other cruel, inhuman and degrading treatment (i) The situation of women, children, young people and the family (j) Freedom of association and Trade Union Rights III. Observations on the annexes to the Report (a) Observations on the case of Sheila Cassidy (b) Information pertaining to Bishop Helmut Frenz (c) Observations on the sta-tements made by Mr. Kirberg IV. Pinal remarks E/CÏÏ.4/1207 page 3 . OBSERVATIONS OP THE DELEGATION OP CHILE ON THE REPORT OP THE AD HOC ¥ОЖШС GROUP (DOCUMENT E/CN,4/1188) I. Introduction Having considered the Report presented to the United Nations Commission of Human Rights by the Ad Hoc V/orking Group to Inquire into the Present Situation of Human Rights in Chile, the Government of Chile must place on record its most formal and vigoi'ous protest at the terms of that Report, which shov/ that the Group's analysis of the situation is neither objective nor serious. The method of inquiry used in the Report, and its conclusions, are incompatible with the terms of reference of the Ad Hoc Working Group; this deplorable fact cannot fail to diminish the prestige of the United Nations as an organ for the advancement of human rights. Having already raised serious objections to the progress report of the Ad Hoc Working Group, which was presented to the thirtieth session of the General Assembly, the Chilean Government had hoped that, for the sake of greater objectivity, the final report would be the result of a responsible and broad investigation based on a thorough examination of all available information. A cursory reading of the Report shows that the flaws of the progress report, far from disappearing, have now become much worse. Of course, the Report continues to omit practically all the background information presented by the Government of Chile, while deliberately and arbitrarily rejecting those items of such information that it does contain. Like the progress report, this document is based almost exclusively on the statements of witnesses, sworn enemies of, the Government of Chile, v;hile no proof is offered of the truth of,their assertions. Anything likely to discredit the Government of Chile is noted down, even though many of these accounts are implausible and fanciful. In fact, this Report draws a highly defamatory picture of Chile, depicting its people as brutal and uncivilized, and capable of committing horrors which belong exclusively in the minds of certain witnesses who, in their determination to discredit the Government of Chile, and replace it by another kind of government, have given no thought to the enormous harm they are doing to their country. An oral statement will be made in the Commission, giving the Chilean Government's reply to this Report; however, the Chilean Delegation feels obliged to further illustrate its position in writing. Examples of the Report's lack of objectivity (a) Misleading informa.tion 1. Paragraph 145 of the Report states that the attempted murder of Bernardo Leighton and his wife in Rome had been analyzed and that the "information would seem to indicate that ... it was inspired by sources which may have roots in Chile". E/OT.4/1207 pa^e 4 The inclusion of such an affirmation, even in this qualified form, is inadmissible; it is a serious error vrhich calls into question the seriousness and impartiality which one would have hoped to find in this kind of Eeport. The Government of Chile emphatically rejects this assumption which lays.the whole- document open to challenge and protests at its inclusion. It is plainly not possible to include in a. Report an event which happened outside Chile and which is being investigated by the competent Italian judicial authorities. Besides constituting interference in matters beyond the competence of those making the assertion, it prejudges a conclusion which is entirely unfoimded, and the possibility of which has never been raised, or even implied, by those judicial authorities. The fact that the Working Group bases its insinuations on "a number of press clippings and other information" leaves little room for doubt as to the Group's intention to harm Chile by placing on it indirect blame for an act which the Government of Chile \ias the first to officially deplore. 2. Paragraph 138 of the document includes a list of the names of 77 alleged tortured. The Government of Chile protests against this assertion. It is all too easy for the enemies of Chile to list names, which, through some curious coincidence, happen to be precisely those to be heard every day in the broadcasts of Radio Moscow. It is quite clear that little thought can have gone into the preparation of this list, as some of the persons it names are no longer alive, while others are Generals of the. Republic and public figures v/ho hold important diplomatic posts abroad, some of them since before the establishment of the Working Group. Moreover, such a procedure contrasts sharply with the zeal displayed when the iden.tity of those giving evidence against the Government of Chile is to be protected, since, in this case, no account has been taken of the obvious consequences, for the good name, the honour and the family of those named, of their inclusion in this list. 3. We take formal exception to the fact that the opinion of the President of the Republic has :een quoted from the wor^s of a witness, and not from official dociments in the possession of the Secretary General of the United Nations, The Delegation of Chile wishes it to be known in this Commission that the Press Secretary of the President of the Republic has categorically denied that His Excellency held such a conversation with the person claiming-to have witnessed his words. The same is true of the statement allegedly made by the President of the Supreme Court of Justice. It should be noted that the Report omits the long and important. âtatem;en.t . made by the fomer President of the Supreme Court of Justice, Enrique Urrutia, while, at the same time, mentioning the opinion of-that. Court through malicious, false arid tendentious statements on the part of witnesses. E/CU.4/1207 page 5 (b) Omissions in the Report What the Report omits is quite as important as the faults we have just described. 1. ITotwithstanding the abundant documentation presented to the General Assembly at its thirtieth session (the situation of human rights in Chile, October 1975> Vol. II, p. 56 and 37) about the existence of peimanent daily radio broadcasts containing programmes which call for subversion and the overthrow of the present Government, the formation of terrorist groups and the use of violence, the Report is silent on this matter. 2. ' Uor does the Report mention the numerous types of publications which circulate abundantly in foreign countries, and, in some cases, clandestinely within Chile, expressing the ideas and pursuing the aims outlined in the preceding paragraph''(dp'.cit. 5 pp. 14O-I5I, and 277-291). 3. The Report is likewise silent on the indisputable evidence presented by the Government of Chile concerning weapons which have been illegally brought into the country, and which continue even now to be brought in, and whose origin has btften made abundantly clear (op.cit., pp. 30б~3б1 and Vol. I. pp. 44-46)'. 4. The Report says nothing about the whole series of acts of violence committed in Chile, vhile the progress report was being prepared, a detailed account of which has been sent to the General Assembly (op.cit., Vol. I, pages 46-5I; Acts of violence against Chile in foreign côimtries, op.cit.. Vol. II, page 215; internal acts of violence, op.cit.. Vol. II, pages 154-186). Despite all these things, the Report states that the Group cannot be sure of the existence of events and situations which could justify the maintenance of the state of siege. Apart from the fact that, by making such a statement,, the Group has encroached on the jurisdiction of a sovereign State, it also seems to have deliberately ignored authentic information which was in its possession. Furthermore, the Report is inconsistent, in that, despite the assumption referred to above, it concludes, in paragraph 76, that the present, situation in Chile does not endanger the life' of the nation, vrhile, in the following paragraph it goes on to say that "it is impossible to conclude that such far-ranging and pervasive restrictions on human rights are required by the exigencies of the situation".