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General Assembly UNITED NATIONS Distr. GENERAL GENERAL A/10285 ASSEMBLY 7 October 1975 ORIGINAL: ENGLISH Thirtieth session Agenda item 12 REPORT OF THE ECONOMIC AND SOCIAL COUNCIL Protection of human rights in Chile Note by the Secretary-General l. In accordance with paragraph 6 of its resolution 3219 (XXIX) of 6 November 1974, concerning protection of human rights in Chile, the General Assembly requested the Secretary-General to submit a report to the Assembly at its thirtieth session on the action taken and progress achieved under paragraphs 3 to 5 of that resolution, 2. In pa:?,.graph 4 of the resolution, the General Assembly endorsed the recommendation made by the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in its resolution 8 (XXVII), that the Commission on Human Rights at its thirty-first session should study the reported violations of human rights in Chile, with particular reference to torture and other cruel, inhuman or degrading treatment or punishment. Resolution 8 (XXVII) had been adopted by the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its 7llth meeting, held on 21 August 1974, under the item entitled "The question of the human rights of persons subjected to any form of detention or imprisonment", 3. As requested by the Sub-Commission and endorsed by the General Assembly, the Commission on Human Rights considered at its thirty-first session the item entitled "Study of reported violations of human rights in Chile, with particular reference to torture and other cruel, inhuman or degrading treatment or punishment". It had before it the information received by the Secretary-General from a number of specialized agencies, intergovernmental organizations as well as non-governmental organizations in consultative status. These included reports from a number of governmental and non-governmental organizations whose representatives had visited Chile during 1974. The item was considered at the l318th to l323rd meetings of the Commission. 75-20184 I . .. -2- 4. On 27 February 1975, the Commission on Human Rights adopted without a vote resolution 8 (XXXI) on the item. In the resolution, the Commission referred to the Charter of the United Nations and the Universal Declaration of Human Rights, and recalled the previous action of the Commission as well as that of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, the resolutions of the Economic and Social Council, and of the General Assembly as well as of the International Labour Conference and of the General Conference of the United Nations Educational, Scientific and Cultural Organization. Having noted with serious concern the continuing reports of violations of human rights in Chile as well as statements made in the course of its session, the Commission decided that an Ad Hoc Working Group of five of its members appointed in their personal capacity by the Chairman of the Commission and operating under his chairmanship would "inquire into the present situation of human rights in Chile" on the basis of the resolutions referred to above and "of a visit to Chile and of oral and written evidence to be gathered from all relevant sources". The Commission appealed to the Government of Chile to extend its full co-operation to the Ad Hoc Working Group in fulfilling its task, including the granting of all necessary facilities and complete freedom of movement in the country for this purpose. The Group was instructed to report the results of its inquiry to the Commission on Human Rights at its thirty-second session and to submit a progress report on its findings to the Secretary-General for inclusion in his report to the General Assembly at its thirtieth session under General Assembly resolution 3219 (XXIX). The Ad Hoc Working Group would cease to exist upon the submission of its final report to the Commission on Human Rights. The Commission decided to consider the question of violations of human rights in Chile at its thirty-second session as a matter of high priority. 5. By resolution 8 (XXXI) of the Commission on Human Rights, the Secretary-General was requested to render to the Ad Hoc Working Group all the assistance which it might require in its work. The Commission recommended to the Economic and Social Council that it should make arrangements for the provision of adequate financial resources and staff for the implementation of the resolution. 6. On 4 September 1975, the Chairman-Rapporteur of the Ad Hoc Working Group on the Situation of Human Rights in Chile transmitted to the Secretary-General a progress report the text of which is annexed to the present document. I . .. -3- ANNEX Progress report of the Ad Hoc Working Group established under resolution 8 (XXXI) of the Commission on Human Rights to Inquire into the Present Situation of Human Rights in Chile / ... -4- CONTENTS Paragraphs Introduction . ] - ll 8 Chapter I. Establishment, functions and methods of work of the Ad Hoc Working Group . 12 - 39 10 II. The question of the visit of the Ad Hoc Working Group to Chile • , . 4o - 62 21 III. Chilean constitutional and legislative provisions relevant to the inquiry conducted by the Group • • • • • • • • • • • • • • • • • 63 - 102 29 IV, Interim findings of the Ad Hoc Working Group on the present situation of human rights in Chile • • • • • • • • • • • • • • • • • • 103 - 238 41 A. The impact on human rights of the state of siege and of the extension of the jurisdiction of the specisl military courts • • • • • • • • • • • • • • • • • 103 - 123 41 B. Arrest and detention on grounds of security of the State , . • • 124 - 155 47 c. The question of freedom of movement: the right to leave the country and to return to it . 156 - 183 D. The question of torture, cruel and inhuman treatment including threats to human life and security of the person, and the alleged existence o'f "concentration camps" • • • • • • • • 184 - 195 62 E. The situation of women, children and youth • • • • • • • • • • • • . 196 - 211 66 F. The general situatio;, as regards the respect of human rights in relation to civil and political rights and economic, social and cultural rights • • 212 - 238 69 v. Adoption of the report • , • , . 239 78 I ... -5- CONTENTS (continued) Annexes I. Note concerning the terms of reference of the Ad Hoc Working Group established under resolution 8 (XXXI) of the Commission on RAman Rights to inquire into the present situation of human rights in Chile • • • • • • 79 II. Rules of procedure of the Ad Hoc Working Group to inquire into the present situation of human rights in Chile, as adopted by the Group at its 5th meeting, on 22 May 1975 • • • • • • • • • • • • • • • • • • • • • • • 94 III. \vorking paper presented at the 3rd meeting of the Working Group, on 21 May 1975, by Mr. Sergio Diez, representative of the Government of Chile • ••••••••• 101 IV. Letter dated 2 June 1975 from the Ambassador Extraordinary of Chile addressed to the Chairman of the Ad Hoc Working Group, concerning the rules of procedure adopted by the Group. • • • • • • • • • • • • . • • • • • 105 v. Statement made by the Chairman at a press briefing given on 27 June 1975 at United Nations Headquarters, New York •• 107 VI. Statement issued on 10 July 1975 by the Ad Hoc Working Group to inquire into the present situation of human rights in Chile • • • • • • • • • • • • • • • • • • • • • . 108 VII. Statement made on behalf of the Working Group at a press conference in Caracas on 21 July 1975 • ••••••• • • • • no VIII. Letter dated ll April 1975 from the Permanent Representative of Chile to the United Nations Office and other International Organizations at Geneva, addressed to the Director of the Division of H~an Rights • • • • • • • 112 IX. Note verbale dated 7 May 1975 from the Secretary-General to the Permanent Representative of Chile to the United Nations • • • • • • • • •• • • • • • • • • • • • . 113 x. Note verbale dated 15 May 1975 from the Permanent Representative of Chile to the United Nations addressed to the Secretary-General • • • • • • • • • • • • • • • • • a 114 XI. Two letters dated 17 June 1975 from the Permanent Representative of Chile to the United Nations Office and other International Organizations at Geneva, addressed to the Director of the Division of Human Rights • • • • • • • • 115 I ... -6- CONTENTS (continued) Annexes (continued) XII. Letter dated 26 June 1975 from the Permanent Representative of Chile to the United Nations addressed to the Secretary- General , • , , • • • • • • • • • • • • • • • • • • . 116 XIII. Letter dated 30 June 1975 from the Deputy Executive Assistant to the Secretary-General addressed to the Permanent Representative of Chile to the United Nations • • • 117 XIV. Letter dated 9 July 1975 from Osvaldo Salas T., Special Delegate of the Government of Chile addressed to the Chairman of the Working Group , • , • • • • • • • • • • • • 118 xv. Act Constituting the Government Junta (Decree-law No. 1). • • 119 XVI. Decree-law No, 521: Creation of the Directorate of National Intelligence (DINA). • • • • • • • • • • • • • • • 121 XVII. Lists of missing persons. • • • • . • • • • • • • • • • • 123 / ... -7- LETTER OF TRANSMITTAL 4 September 1975 Sir, In its resolution 8 (XXXI), adopted on 27 February 1975, the Commission on Human Rights decided to establish an Ad Hoc Working Group of five members of the Commission, to be appointed in their personal capacity by the Chairman of the Commission and to operate under his chairmanship. The mandate of the Group was to inquire into the present situation of human rights in Chile on the basis of certain resolutions mentioned in resolution 8 (XXXI) and a visit to Chile and of oral and written evidence to be gathered from all relevant sources. The Ad Hoc Working Group was required to report the results of its inquiries to the Commission on Human Rights at its thirty-second session and to submit a progress report on its findings to the Secretary-General for inclusion in his report to the General Assembly at its thirtieth session under General Assembly resolution 3219 (XXIX). I have the honour to submit to you herewith the text of the progress report as adopted unanimously by the Ad Hoc Working Group on 30 August 1975 in Geneva.
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