UNITED NATIONS Distr. ECONOMIC GEMEEAL AND E/CN,4/1188 4 Pebruaiy I976 SOCiA L C(%^^ Original; ENGLISH —«^í»' COIMISSION ON HLmN RIGHTS^ * Thirty-second session Item 5 of the provisional agenda STÜDV- OP REPORTED /lOLATICNS OP ШШ RIGHTS IN CHT.LE WITH P..4JÍTICUL.ÍR REFERENCE TO TORTURE AlCD OTHER CRUEL, INHUM/iN OR DEGRADING ТНЕАТЖНТ OR PDNISHÍÍENT (COMMISSION RESOLUTION 8 (XXXl)) Report of the Ad-Hoc-Working Group established under resol-ution 8 (XXXl) of the Commission on Human Rights to Inquire into the Piesent Situation of Human Rights in Chile CONTENTS Paragraphs Page Introduction , 1-23 5-10 Chapter I. Chilean cons'titutional and legislative provisions relevant to the inquiry conducted by the Group 24 - 57 11 - 19 A. The progress report', 24 - 25 H B. Modification in the level of the state of "siege , 26 - 30 11 - 12 C. Declaration of states of emergency 31-33 13 D. Modifications of the laws governing the press, radio and television ., 34 - 38 13 - 14 E. Note on the constitutionality of certain Jmta decrees ..,., 39 - 42 15 P. The specialized organs of State security ..,,',.', ,,,, 43 15 GE,76-2102 E/OT'.4/1188 page 2 Chapter Paragraphs Page G. The judiciary 44-50 16 -•17 H. New institutions 5i - 56 17 - 18 1. Commission on Constitutional 17 - 38 Reform 51 - 55 18 2. The Coimcil of State 54-56 19 I. Constitutional acts 57 II. The impact on the enjoyment of human rights of current Chilean constitutional and legislative previsions 58-77 20 - 25 A. The progress report i... 58 20 B. The state of siege and limitations on human rights 59-77 20 - 25 1. Emergency situations and limitations on human rights under the international law of human rights 59-60 20 ' 2. Limitations on human rights imposed by current Chilean constitutional and legislative provisions ...... 61-75 21 - 24 5. Limitations 'on human rights: strictly required by the exigencies of the situation ..... 74-77 24 25 III. Axrest and detention on grounds of State security 78-109 26 55 A. Political prisoners and persons held without charge 78-99 26 50 B. Missing persons .• 100 - 109 51 55 IV. The question of freedom of movement; the right to-leave -the countiy and to return to it 110 - 126 34 - 37 A. The right to leave the country Ill - 118 54 - 55 1. The question of diplomatic assyl-um 111 - 112 54 2. The question of refugees 115 - 118 54 - 55 E/CN.4/1188 page 3 Chapter Paragraphs Page B. The right to return to one's country . II9 - 126 35 - 57 1. The question of exiled persons ... 119 - 12535 - 57 2. The right to a nationality 126 37 V. Torture and cruel, inhuman and degrading treatment 127 - 154 58 - 52 VI. The present situation of women, children, youth and the family , 155 - 175' 55-56 VII. The general situation as regards the respect of human rights in relation to civil and political rights and economic, social and cultural rights, in particular, freedom of association, the right to forra and join trade unions, and the right to 176 - 19a 57 - 62 A. Civil and political rights 179 - 187 58 - 60 B, Economic, social and cultural rights . 188 - 198 60 - 62 VIII. Concluding observations 19199 - 215 65 - 67 IX. Adoption of the report 216 68 •Annexes I. General Assembly resolution 3448 (iCXX) II. Letter dated 29 December 1975 f^m the Director of the Division of Human Rights to the Permanent Representative of Chile to the united Nations Office at Geneva III. Letter dated 22 January 1976 from the Permanent Representative of Chile to the united Nations Office at Geneva addressed to the Director of the Division of Human Rights IV. Statement by Bishop Helmut Prenz (meeting held on 12 January 1976) V. Statement by Dr. Sheila Cassidy (meeting held on 19 January 1976) E/CN.4/1188 page 4 Annexes VI. Letter dated 11 November 1975 from' General Augusto Pinochet Ugarte, President of the Republic of Chile, addressed to Cardinal Silva Henriquez, Archbishop of Santiago VII. Letter dated 14 November 1975 from Cardinal Silva Henriquez, Archbishop of Santiago, addressed to General Augusto Pinochet ugarte, President of the Republic of Chile VIII. Testimony of Mr. Enrique Kirberg В., former Rector of the State Technical University, Chile E/CN.4/1188 page 5 INTRODUCTION 1. The Ad Hoc Working Group of the Commission on Human Rights to inquire into the present situation of hman rights in Chile was established by resolution 8 (XXXl), which the Commission adopted by consensus on 2? February 1975' -^-s provided in the Commission's resolution, the members of the Group were appointed in their personal capacity from the membership of the Commission on Human Rights by the Chairman of the Commission, Mr. Ghulam Ali Allana, and exercised their fimctions under his chairmanship. They were Ambassador Leopoldo Bénites from Ecuador, former President of.the General Assembly, Ыг. A. Dieye, a member of the Supreme Court of Senegal, Professor F. Ermacora, a farmer Chairman of the Commission on Human Rights, member of the Austrian Parliament and a member of the European Commission on Human Rights, and Mrs M.J.T. Kamara, a social worker from Sierra Leone. The inquiiy was to be conducted on the basis of various resolutions adopted by United Nations organs as well as by specialized agencies, a visit to Chile, and oral and written evidence gathered from all relevant sources. Para^aph 3 of Commission resolution 8 (XÍKl) required the Ad Hoc V/orking Group to report the results of its inquiries to the Commission on Human Rights at its tMrty-second session. It also requested the Group 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 paragraph б of General Assembly resolution 3219 (XXIX). At its 1948th meeting, on 6 liay 1975, the Economic and Social Council approved the decision of the Commission on Human Rights in its resolution 8 (XXXl) to set up the A.d Hoc Working Group to inquire into the present situation of human rights in Chile within the terms of that resolution. 2. In its resolution 5219 (XXIX), the General Assembly had expressed its deepest concern that constant flagrant violations of basic hximan rights and fundamental freedoms in Chile continued to be reported. It reiterated its repudiation of all forms of torture and other cruel, inhuman or degrading treatment or pxmishment. It requested the Secretary-General to submit a report to it at its thirtieth session on the action taken and progress achieved under paragraphs 5, 4 and 5 of the resolution, in which the Assembly respectively (a) urged the Chilean authorities to respect fully the principles of the Universal Declaration of Human Rights and to take all necessary steps to restore and safeguard basic human rights and fundamental freedoms, particularly those involving a threat to human life and liberty, to release all persons who had been detained without charge or imprisoned solely for political reasons, and to continue to grant safe conduct to those who desired it? (b) endorsed the recommendation made by the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in its resolution 8 (XXVTl), 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 cruel, inhuman or degrading treatment or punishment 1 and (c) reauested the President of the twenty-ninth session of the General Assembly and the Secretary-General to assist in any way they might deem appropriate in the re-establishment of basic human rights and fundamental freedoms in Chile in the light of paragraph 3 of the resolution. 3. As indicated above, resolution 8 (VOil) of the Commission on Human Rights provided that, among other methods, the inquiry was to be conducted on the basis of a visit to Chile. Chapter II of the progress report describes in detail how' the efforts of the Group to carry out its mandate to visit Chile were thwarted when, at the last moment before the Group's entry into that country, the Government of CMle revoked the commitment which it had previously made, saying that the time was not propitious. E/CN.4/1188 page 6 4. After examining written information from a variety of sources and holding extensive hearings in Geneva, Paris, New York and Caracas, the Working Group prepared a progress report, which г^;as transmitted hy its Chairman to the Secretary-General on 4 September 1975. The Group's progress report was issued as sin annex to a note by the Secretary-General to the General Assembly on the protection of human rights in Chile (A/10285). 5. In order to enable the General Assemtly to examine as comprehensively as possible the questions referred to in its resolution 3219 (X}CIX), the Ad Hoc Working Group based its progress report on all the relevant information available to it up to the date of the adoption of the report by the Group, 30 August 1975. Some of the findings of the Group as of that date were included in the progress report. The progress report dealt with the following topics; I. Establishment, functions and methods of work of the Ad Hoc Working Group; II. The question of the visit of the Ad Hoc Working Group to Chile; III. Chilean constitutional and legislative provisions relevant to the inquiiy conducted by the Group; IV, Interim findings of the Ad Hoc Working Group on the present situation of human rights in Chile: A.