LIN'IED NAT'ONS Distr . GENERAL GENMAI, Al 32/227 . S S E M B LY 29 Septenber 19?? A ENGLISE oRTGINAL: EI{GLISH/FRENCH/ C D NTA Thirty-second session Aaan.l a i tam t2 REPORT OF THE ECONOI4TC AND SOCIA], COIJNCTL Note by the Secretary-General The Secretary-General h&s the honour to transnit to the menbers of the General Assenbly the report preparett by the Ad Hoc !trorking Group on the Situation of l{uman Rights in Chil"e in accordance wittr paragraph 5 of Assembly resolution 3I/I2\ ot 16 Decenber 19?6. 't't -1 P'2'7 2 -t- ANND{ CONTENTS Para.qraphs Page fntroduction 1-21 I f. ReLations with the Government of Chil,e 2r-?o L2 II. Constitutional and 1egal d.evelopnents 40-82 A. Constitutional developments \z-65 1'l 1. Essential bases of Chilean institutions. l+z - l+Z LT 2. Constitutional rights and duties 4h-50 r8 3. Etrergency r6gimes ,d Decree-laqs 66-tt 26 1, Dissolution of political parties . . . 66-7o 26 2. 3a+d.o No. J-0?: restrictions affecting pxinteil natter 1. Ar.rest and. detention 83-9? 33 2. Detention of persons accused of crimes and the right to a fair trial 93 - r00 37 Disappearance of detained Dersons 101 - 1]3 \2 -2- CONTENTS ( continued. ) Paragraphs c. OfficiaL investigations of cases of ){B -,.'^^.i--ur-15 5 rrrg }Jcr surJs 1]4 - 134 1. Petition concerning 501 rissing Persons 116 - lu l+9 Th\/Acfi daii iht^ diqenncaranoes " ^hc occuring in Novenber and Decernber 1976 .11B-t2o 49 3. qequest for full investigation of cases of nissing persons: the sit-in at the haarinrrarf e-s of i.ha Economic Conmission for l,atin America tzL - ta) 5O D. Lists of missing persons and. govearment replies . f2\ - I27 53 E. Obstacles placed in the l,ray of investigations of disaplearances , . 128 - 130 55 T h! ur!'P!- uu shorl' that missing persons have not actually di sappeared 131 - 13\ 57 Torture and other forns of cruel, inhuman or degrading treatroent or punistnnent; the specialized organs of State security . 135 - L65 59 A, Torture and other crue1, inhuman or degrading treatment ar punishment ]37 qo B. I$ev system of intirnidation 'r ?R - Ihl 50 C. nffects of torture and long-term imprisonnent ' 1l+2 - 11+[ 62 D, TYre specialized organs of State security 1l+5 - ItB OJ E. Prosecution and punislnnent of those responsible for torture ' r59 - r6a oo T. Dissol-uti.on of the Directorate of National rnf €'l li]'ence (DT\A) a.nd establishment of the Nat ional Information Agency' and the new provisions relating to the Law on the L,c(;cenrrri u] f UJr .f +ha sr-.c+.a 161 - 165 57 *3- CONTENTS ( continued ) Paragraphs Page V. IXlIE 166 - 19r T3 Deprivation of nationality . . . t68 - r72 T3 .EK1TE r73 - r77 75 1. Supreme decree No. 5OI+ 173 - 17l+ 75 2. The exile and, release of Joxse l.{ontes yr5 - rT7 76 C. Expulsion and return fron exile 178 - 185 77 D, The situation of refusees 186 79 E. Diplonatic asylun 187 B0 I. Passports "valicl only to l_eave the countryrl lBB - 191 80 VI. Intel-1ectual f?eedon and cul_tural riehts 1q2 - 221 82 A. The nass ned.ia of conmunication L95 - zOT 82 -r. l(ao10 r97 - 2o2 83 2. Printing anal publishing 2o3 - 2o7 85 Theatre aod the arts . . 208 - 2ro 87 (\ Etluc at i on ?rr - 22L 8B 1. Restrictions on intel,lectua]. freedon 2l-1 - 214 BB 2. Eeonmic aspects of ed.ucation . , . ,1q - 221 89 VII. Econcmic and social riehrs 22? - 2Br o2 A. Econcmic rights o2 1. tuploynent 2)6 ot ")s - 2. W€ges anal inflation 93 The human rigbts situation and its effect on the econcrny o( -l+ - CONTENTS (continued ) Paragraphs Page C. Trade unions . d+O - 260 98 1. Exercise of trade union rights 2\2 - 249 loo ) Interference witb trade union activities 250 - 256 103 3. Exile, d.eprivation of nationality and other actions aeainst trade unionists . . . 257 - 260 105 D. u^^] r L 26r - 28I 10? 1. Healthservices... 262 - 273 l-o? 2. Situation of health personnel )7)J - 217 Il2 ? Nutrition 278 - 2Br LL3 VIII. Concludins observations 282 - 310 LLO IX. Adoption of the report 311 ANNUIIS I. Ceneral Assembly resolution 3]- /]'2\ ot 15 Decenber l-976 r23 II. Coro.ission on Human Rights resolution 9 (y'XxIII) of 9 March 1977 l-26 II1. Chronological list of Televant v'ritten eormunications received from the Goverrnaent of Chile since the adoption of the Grouprs reFcrt t. thc Cornni ssion <..,r.r Human Rights (E/CN.\ /f227) 128 IV. Letter dated 20 April r9?? from the Director of the Division of Human Rights addressed to the Permanent Representative of Chile to the United Nations Office at Geneva . 131 V. Letter dated. Il I'lay 1977 from the Pernxanent Representative of Chile to the United Nations Office at Ceneva addressed to the Director of the Division of Humar Riahts VL Letter dated. 20 \Aay 1977 from the Chairnan of the Ad Hoc I.trorking Group ad.dressed to the Permanent Representative 'I of Chile to the United l{ations Office at Geneya ?? VII. Note verbale dated 1J Jrne I9T7 from the Permanent l{ission of Chile to the United Nations office at Geneva addressed r:l' to the Director of the Division of Human Rigtlts VIII. Lette" dsted 4 JnIy 1977 from the Permanent I{epresentat ive of Chile to the United Nations Office at Geneva addressed to the Chairnxan of the Ad Hoc Workins Group L5) COilTEt{TS ( continued) A]INIXES ( continued) lcss rx. Decree-l,aw No. 1689 138 Y Decree-law i'Io . l-684 1Io XI. State&ent by the President of the Republic of Chi.le broadcast on 18 l{arch 1977 . 1!1 XII. Decree-Iaw No. 169? 147 XfII. Statement nad.e by the Perranent Cornnittee of the Episcopa"l Conference of Chile, issued on 25 l{arch L9?7 150 XIV. Statenent made by the President of the Republic of Chi.l-e on 9 July 1977 XV, Report on a visit to Cbile by llaitre Louis Edmond Pettiti, Avocat d, La Cour d'Appe1 tte Paris snd. Bdtcnnier design6 ae lrOrdre des Avocats, antl }daitle Bernard. Andreu, Avocat d la Cour drAppe]. rle Paris XVI. Statement eade by Carlos Arnaldo Veloso Beitlenbaeh and qarlos Hector Veloso Figueroa . . . )-69 XVIf. Report of an interviev vith OsvaLclo Figueroa and. lduard.o de l-a Fuente 180 xvIl.L. "Bello Doren breaks his silencett, articLe appearing in Solidaridad, i{o. 23 185 XIX. Reports of recent arrests anat aletentiong in Chile 1BB xx. Svorn decl-aration by a former detainee 'I olr ]o(I. Statenent nad.e by Carabineros Captain Clernent N. Burgos l-96 XXII. St atement made by Selenisa Caro Rios de Diaz, vife of 'r vlctor Daa.z 07 XXIII. Letter d.ated I February 1977 fron the Perranent Representative of the United llingdom of creat Britain and llorthern lreland to the United Nations Office at Geneva addresseil to the Director of the Division of fiuman Rigbts 201 XXIV, l4emorandr:rn of the Goverru[ent of t]re United Kingdcnn of creat Bri.tain and i'lorbhern Irel-anil, relating to 1.,1r. tfillian Beausire 203 XXV, Comrents by the Chilean Secretary of Justice on the United Kingdon Govetnment rs nemorsndum relating to l{r. Wifliam Beausire 206 nffL Statenaent on the d.etention of Newton l4oreles Saaved.ra 2r0 nWII. StateneDt on the d.etention of Rosa E1ena MoraLes IUor€J-es ( /tn r\r rnTintni< /^^-+i-,,-/] l AXINEXES (continued ) XXVI]I. f.. XLIII . Medical. report regaading Osvaldo Garrido 257 -7- CONTENIS (cont inued ) Al,lNffiIS (continued ) Page XLW. I{ot e verbale dated 17 August 19TT fron the Permanent }"ission of Chile to the United l{ations Office at Geneva addressed to the Secretary-General . 259 XLv. Letter dated 5 JuIv 1976 from tlr. Jos6 tlaria Eyzaguirre, President of the Suprene Court of Chi1e, addressed to l,Irs. Yolanda Pinto d"e Slguete 265 XLVI. list of some persons uho have been granted visas to leave Chile but whose applications under decree No, 501+ have been reiected. or "reserved" or remain pend-ing . 266 XLVII. Note verbale dated 12 April 197? from the Pexmanent l{ission of Chile to the United Nations Office at Geneva adalressed to the Secretary-ceneral . 267 XLVIIL Passports 'valid onLy to leave the country" 270 XLIX. Bando No. l-07 27r 1,. Note verbafe dated 5 ',Iay 1977 from the Permanent ldission of Chil-e to the United. llations Office at Geneva addressed. to the Secretary-General . 272 LI. Note verbale dated 18 Inay :-977 from the Permanent Mission of Chile to the United Nations Office at Geneva addressed to the Secretary-General . ,.28O I,fL Letter dated 29 April l)ll fron trade union leaders to the Presid.ent of the Republic of Chile s.nd attached docu$ent trAnalysis and. aspirations of tbe workers of Chilerl 286 I,IIL Excerpts fron the report of a mission to Chil-e under the auspices of the l,tror1d Council of Churches relating t^ rcnrca INTRODUCTION 1 Taking into account the progress report to the GeDeral As senbly at its thirbieth session (A/j-oz9r), this is the fifth reporb of the Ad. Hoc Working Group to inquire into the situation of huravt rights iu Ctrile, originaLly established und.er conmission on Human Rights resolution I ()OfiI) of 2? February 19?5. In pu?suance of that resolution, the Chairnan of the thirty-first session of the Conrnission appointed. the five nembers of the Group from anong the menbers of the Corrnission, to serve in their pelsonal capacity a.nal to opelate wrder his chairmanship. The nandate of the Ad. Hoc Working Group, in its origi'naI composition, has twice been extended by the Comission on Hrma^u Bights, acting at the invitation of the General Assenbly in its resol,utions 3t+lr8 (fO<) of 9 December 1975 and 3L/I2\ of 16 December 19?5 (cotrnission resoLutions 3 ()oo{II) of 19 Februa4r L976 and 9 (xtrITI) of 9 March 19?7). fhe corposition of tbe Group is as follolte: Mr. G, A. A11ana of Pakistan (cnairnan-neppot'beur), Itr. Leopoldo Benites of Ecuador, I'{r. A. Di6ye of Senegal, l'1r. F. ErnEcora of Austria antl Mrs. M. J. T. Kamara of Sierra Leone. 2. Under the terns of Connission lesoLutioa I (loffi ) the Group ltas nantlat ed to inquire |tinto the present situation of hunalx rights in ChiLe" on the basis of various resolutions previously atloptetl by organs of the United' Nations, the International Labour Organisation and tbe Unitetl Nations Etlucational, Scientific and Cultural Orgenization, of a visit to Chile and of oxal- ancl r.rritten evidence to be gathered fron alL refevaltt Eources. 3. As required by the Comission in that Tesolution, the GrouP sut'mitted a progress (4/10285) on its iuitial findings to the Sec"etary-General for inclusion"epod in his report on the protection of hlnen rights in Chile.to the General Assembly at its thirtieth session, tmcler Assernb]-y resofution 3219 ()OtrIX). The report described the conditions j.n vhich the lJorking Group haal been established.' its &andate, its nethoal of vork, and its initial findings ' That first report also described in detail the circumstanceo in which, in spite of forna] assura.nces given by the Chilean Governnent, the Group, on I+ July L975, in Lima, Petu, as it r'ras about to begin its visit to chile, lras suddenly anal unexpectedly refused. entry into chile "untj.i a roore auspicioug occasiont' (A/10285, para. 57). tl tne working crouB subsequently subldttett a report (E/CN.!/U88) on ttre results of its inquiries to the Conmission on Hunan Rights at its thirty-second session. 2,/ \. rn accordance vith cormiEsion resolution 3 (xn(Il) the Group was requested to to the General- Assenbly at its thirty-first session and, to the Coronission "eporton llunan Rights at its thirby-tftird session on the situation of human rights in f/ The Governnent of Chil-e subnittetl its observations on this report in docnnent s 4/10303, A/c.3/639 and Alc,3/6\2. 2/ The Government of Chile submittetl its obgervations on this report in d.ocr:me-ents n/cN . \/119?, E/cN. l+/L2oL snd E,/cN. l+/120?. -9- chile" in particular any developnents, legislative and otherwise, vhich night have occurred to re-establish lespect for human rights and- fund.amental freed.oms in implenentation of General- Assembly resolution 3)r)+B (xxx) and all other refevsnt resolutions and d.ecisicns of tbe United. I,lations, 5, The Economic and Social Council, by its d.ecision fl+5 (f,X) of I? ItIay I)16, approved the comroissionrs decision to extend. the mand.ate of the Ad Hoc workine Group and by its resol-ution 1991+ (f,X), ufso of 12 Mray t976, requEiTEE-it, in fulfilling its nandate, to ascertain any effect which any neasures taken by the chilean authorities ni ght have tornrard.s the re-e stabli shment of respect fox human rights and fr.rndanental freedons in Chife, q. Tbe third report of the croup on the situation of hr]man ri€hts in Chile @/3f/253) was subnitted. to the Gineraj- Assenbly at its thirty-iirst session in accordance with Assenbly resolution 1l+8 (&C() and was consid_ered. by the Third Comittee at its h5th to [Bth and 5\th to 99th meetings. At the 1+5ih meeting of the Cormittee, the Chairnan-Rapport er:r of the Ad. floc trrrorking croup i.ntrod.uced the report of the croup, r,aich intl-uded a detailed-IE!-cription (parai. 3!-?2) of the contacts the Group had. maintained vith the Governnent of Chile during 1976, including the exchange of views" inter al-ia, on the methods of work of the Group and on the unresofved. question of a visit by the Group to Chi]-e, In its consid.eration of the question of human rights in Chile, the Third Confnittee al-so had before it the observations of the Governnxent of ChiLe on the report of the Ad Hoc Working Group (A/C.3/3I/6 and. Add.l) and a m:mber of letters deal-ing vitb-tl:e situation of huran rights in Chile subruitted by the Peruanent Bepresentative of Chi.le to the Unit ed. Nations. 7. 0n the recornnend.ation of the Third Connittee, the GeneraJ, Assembly at its l-02nd. plenary neeting, on 1,6 Decernbet 1976, adopt ed by a recorded. vote of 95 Lo f2, with 25 abstentions, resolution 3f/I?\. B. In that resolution the General Assembly" inter alia, elq)ressed its profor.:nd indignation that constant afld flagrant viotations ot hunan rights had taken place and. continued. to take place in Chi1e, and call-ed once more upon the Chilean authorities to restore and safeguard, without delay, basic hr:nan rights and fi:ndamentaL freedons and ful]y to respect provisions of the international instruments to vhich Chil-e was a party and n to that end, to take certain specific measures enumerated in paragraph 2 of that resoluti.on. 9, The Genelal Assenbly in the same resolution requested the Presid.ent of the thirty-first session of the General Assenbly and the Secretary-cenera.l to assist in any way they uight consid.er appropriate in the re-establ-ishnent of basic human rights and frmdamental fbeedoms in Chil-e. (For the full terb of the resofution, see annex L ) 10. fn accordance with resoLution 3 (nXtf ) of the Comission on Hr:nan Bights, the Ad Hoc Working Group subndtted its fourth report on the situation of hnnan rights in Chil-e (E/CN.\/f221-) to the coru0ission at its thirty-third session. The report dealt with developments regarding the situation of hrnan rights in ttie light of events that had taken place in Chile since the adoption of the Group's -f0- third report, which had been transmittett to the General As seubly at its thirty-first session, and the action taken by the General Assenbly in its resolution 3r/12\. 11. The Conrnission on Hum€n Rights consiitered the report of the Group at its 141-8th to 1)+23rd neetings of its thirty-third session. FoL the consideration of the question of human rights in ChiLe the Comission aLso had before it tbe observations of the Govemment of ChiLe on the report of the Group (E/CN'l+/12hT anal receivecl organizations Ad.d,1-3) as well as inforrnation fron intlrnationat "egaralin€ their activities relating to human rights in Chile subnitted to the Conmission und.er resolution 3 B (XXIX) of the Sub-Co..i ssion on Prevention of Discri&ination and Protection of l4inorlties (o/ctl')+/fe32 antl Atld.f-3 and Add.2/corr'1)' \?. several menbers of the Connission" as vell as observers f!'on ldeniber states not on the Connission and representatives of non-Soveralnental "epresented which are organizations, took part in the Comissionrs discussions, "eflected in the surmary r""o"d" (E/CN.I+ /SR.1UIB-11+23 ) and in chapt er IX of the report of the Conaission to the Econonlic and Social, Cor:ncil on th; thirty-third session. 3/ The observer representing the Govemment of Chile stated the position of his ccvernment at the t\]-gth, 1l+2oth and 1\2Lst neetings of the Connission ' 13. At itB 1\22nd neeting, on 9 }4arch 19??, the Comission on Hunan Rights adopted a dTaft resolution p"opo"li by Austria, BuLgaria, ttre Syelorussia:r Soviet Social-ist Republic, Cuba, Cyprus, Italy' Rwanda, Svetlen, the Union of Soviet Socialist nepublici" the Uniied *ingaon of Great Britain and Northe"n Irelantt, the United. States of America and yugislavia, as resoLution 9 (XIO(III ) (see annex If), the vote on the draft resoluiion as s vhole being 26 in favour, 1 against and q ohe f ahti < ^h ll+. In emphasizing its responsibility to pronote and. encourage respect for human that resolution rights a'd fund€,nnenta1 freeions for ai-L, the Comission in "eferred to the Universal Decl€ration of Human Rights, the Decl-aration on the Protection of Afl Persons from Being SubJected to To"ture and Other Cruel, Inhunan or Degrading Treatnent or Puni shrnent and the refevant General Asse!&Iy fesolutions as wel-l- as its own resolutions relevant to tbe situation of hr:man rigtrts in Chile. 15. The comrission in its resoLution 9 ()ofiIII), inler afia, shared the plofound indignation expressed by the General Assembly in its resofution 3l-/L24 that constant and flagTant violations of hr:man rights had taken place and continued to tale place ih n}'ila ih na'"ri^rr'tqr- the institutionali zed practice of torture, crueJ., lnnunan and degrading treatment and. punishment, the disappearance of persons for political ?easons, arbitrary anests, d.etention, exile and. cases of cleprivation of Chilean nationality, and cal1ed upon the ChiLean autborities to put an entl to the inadmissibie practice of secret arxests and subsequent disappearance of persons vhose detention is systematicalLy deniett or never acknowledged' 3/ of tbe SuDDlement No. Ll , paras. I -11- 15, In paragraph )+ of its resolution, the Conmission called once more upon the chilean authorities to restore and safeguard., vithout detay, basic human rights and. fund.anentar freedoms and fu-l1-y to respect the provisions of the international instruraents to which Chile is a party, and to this end to implement paragraph 2 of ceneral AssembJ"y resolution 3l/)-^. r7, fn accordance vith General A.ssembty resolution 3r/r2\ the conndssion al-so e; 18. By its decision 233 (LXII) of 13 t{ay agTT, the Econornic and Social CounciL approved the decision of the Connission on Human Rights in its resol-ution 9 (XUIII), in response to cenexal- Assembly resolution 3f/LZ)1 , to extend. the nandate of the Ad Hoc working Group to inquire into the situation of huran rights in Chile wittrinJG-terms of the Conmissi& resolution, and decided to lequest the General Assembly to nake alrangements for the provision of ad.equate financial resources and staff for the implenentation of that resolution, 19. As in the preparation of its lrevious reports submitted. to the General As senbl-y and the Conmission on Human Rights, the Ad Hoc Working Group in preparing this report exanined. in detail aJ]d made use of the vo.l_r:minous vritten naterial submitted to it by a variety of reliable sources, includlng int ergovernmental and non-govermental organizations. The Group also received e.nd exanined ora.1 testimony and nritten information from a number of persons" nostJ-y Chilean national-s who had left Chile shortly before they appeared before the croup, The Group has afso made use of every opportunity to have contacts vith the rep"esentatives of the Government of ChiLe, and in the preparation of its t"eports has examined and. consid.ered al]. the informati.on, both ora]- and written" subnitted by the Goyernment of Chile directly to the Group, to the United l$ations Seeretariat, or to other United. Natlons organs. 20, This report, which the ,4.d Hoc Working Group now subrnits to the General As senbly, was Frepared at meetings held in ceneva from 15 to 26 August 1917, during which the Group also exanined. and nad.e use of the oral and vritten information gathered. during a fiefd ni.ssion to Caracas, Venezuel-a (U-f5 fufy) and Nev yort (f8 to 22 July ) and during hearings held in Geneva from 25 Lo 29 ,fu1y" 1977. 2l-. The Ad Hoc l"lorking Group vishes to express its r^rarm appreciation to r,rr Tl-a^ r r,-h p^a'^h nirector of the Division of Hrrmar. Riohtq tn l'{r. Costas Papad.emas, Tepresentative of the Secretary-General e and to the membexs of the Division of Human Ri.ghts and other nembers of the Secretariat who have assisted it untiringly in a spirit of dedication in the Ferformance of its fructions. I. EELATIoNS I^IITH [I{E C'OVERNMENI 0I' CHILE 22. In its progregs report r sublxittett for inclusiou in the relort of the Secretary-Genera1 (A/10285) to tne General AsEenb].y at its thirtieth session, the Ad Hoc Working Group d.escribe 23, The report subnitted by the Ad. Iloc Working Group to_the General Assembly at its thirty-first session (A/31/2r3) d.escribeal i.n deteiL (paras. 34-72J the reLations and contacts which hacl been estabLished bet'ween the Group and the Governnent of Chile, including a series of neetings vith Chilean goverbment Nev York representatives betveen L8 ancl 2lr May L9?6 at Unitett Nations Hea'lqualters, ' and on e5, 2? and 30 Aueust in Geneva. In the course of thoge meetings vievs were exchanged &!gr-gllg, on the nethods of rrcrk of ttle GrouP and on the question of a visit tV' ttre Oroup to Ctrile. 1/ A proposal nede by the represeutatives of the Covernment of Ctrile concerning a visit to that country by tno nenbers of the Gfoup ' appointed bJr nutual- s,gree&ent, and the Group's ploposal that such a visit of two of its ueube].s, freely a?lointed by the Group r should be considered if it vere in the Eature of a nission to prepare for the arrival of the other three uembers of the Group, dial not Lead to a visit by the GrouP to Chile. In nost instances, co8llunications exchanged betneen the Gloup and the Government were reproduced as aonexeE to that repoft . 2\. the Ctrairnan-Rapporteur of the Ad Hoc Working Group n in a ].ettel dated ? December 19?6 adclressed to the perloaneni Representative of chile to the United llations, expressed the wish of the Group to obtain all possible co-operation of the Government of Chil-e in performing its task antl that the Group woul-d appreciate receiving s,ny relevant written or oraL infornation r'r'l1ich the Goverffoent of ChiLe night wish to preseut to the Group duf,ing its neetings in Jaouary L977. 4 In a letter dated 6 JanuarT 19?? a.ddressed to the Chairuan-Rapporteur of the Grou! ' through tbe Pern@nent Mission in Oenevan the l{inister for Foreign Affairs of Chile stated that his Governnent had instructed tbe Chilean l.{ission to the United Nations Office at Geneva to establish contacts vith the G"ou! and to provide it with €ny V I'or the text of the prolosals ne.ale by the Government of Ctrile in this connerion, see A/3I/253, annexes VIII and XW. g/ For the filll- text of the letter of the ChairEan-Sapporteur see S/CN.i+/lzZt' annex II. -'l ?- i.nforroation vhich might be required. 3/ rwo representatives of the Government of chiLe met uith tlie Group on 26 January- llJJ ancl provided oral information in respect of measures taJren regard.ing the situation of hr.uan rights in ChiJ_e. 2r- Follorring the adoption of the croup ts report (A/3r/zfiJ to the General Assemb\y, the Government of chile subnitted, in a number of cotmunications trans!0itted to the secretary-General, to the Division of Human Rights or to tbe chairuan of the Group, vritten infornation in connexion vith developneots reLevaat to the situation of hunan rights in that country. These conmunications are crescribed. in the report subnitted' by the cro'"'p to the conoxission on Hunan Rightg at its thirty-thircl session (E/cN'\/1221); a chronological list of those comunications appeared. as arnex IV of the report, That repodr al-Bo described, inter alia, the nethod. of vork of the Group, and. in this regand answered e nunber-of-@stions and. criticisns proffered by ttte Governneat of Chile in its observations Eubnitteat to the Genexa.L Assenbl-y (A/e.3/31/6 and Add.l) and ou the co@ents node iu the course of a statebent by the representative of chil-e to the ceEeral Ass enb\y $hen the question of Chile $as consiatered by the lhird. Comitt ee (A/C.3/3I/Sn.l+6). 26, Ttre observer for Chile at the thirty-third session of the Connission on l{u&an Rights, in e statenent fol-lofing tbe adoption by the Coruission of its resol-ution 9 (xxxrlr), expressed the vier.r ttrat Lis covernnent would be willing to co-operate lrith the Ad. Eoc working Group provid.etl it was given one nonth in vhich to reply to the contents of the Group ts report. { 27. since the beginning of Malch l"9T?, the croup has received vritten infornation fron the Government of Chile traasoitted by that Governbent to the Secrelary- General, to the Division of Hunan Rights or to the ghaitBan of the Group. A chronol-ogical list of those conurunications , certain of $hich are reprod.uced. as annexes to this report, appears as danex III. 28. In a letter dated. 19 April 197? aaldressed. to the perna.nent Representative of ChiLe to the United Nations Office at ceneva, the Director of the Division of Hunan Rights, on behal-f of the Chairnan-Rapporteur of tbe Group, inforned the Governsent of Chil-e that the Group vouLd resr:me its meetings at the palais des Nations, ceneva, fron 15 to 20 May L97? anct inquiredn on behalf of the Chairnan- Rapporteur, ?hether the coverriment of Cbile 1r-ou]-d If,ish to have its representatives neet with the Group and provide it with any rrritten or ola]- infornation (see annex -LV I. 29. The Permanent Representative of Chile, in his letter dated 11 May 1977 add.ressed. to the Director of the Division of Human Rights, stateal that 3/ For the fulL text of the letter of the Minister for Foreign Affairs of Cbile, see E/cN.\/L2?1, annex IfI. 4/ See the record of the L!21st neeting of the Colonission (f/CN,\/SR.1l+21), -14- repr€sentatives of the Government of ChiLe would wish to rneet with the Gxoup and discuss outstand.ing &atters ancl provide it with information (see annex V) ' ?n r,l-, F pc1,m^hanf Rcn?esentative of Chile to the Unitetl Nations office at Geneva, Ambassador l,lanue1 Trucco, and the Counsefl,or of the Mission, l'lr..Louis Winter, met with the Gr:oup in the course of its l.tay rneetinge (15-20 May 19?7) on ]B and 20 Inay 1977, Ttre government representatives provid"etl the Group w-ith oral and rritten infornation wlth regard to the situation of persons ho had disappeared' and stated their Govelnment ts disire to co-operate wittr the l^Iorking Group. The infornation furnished by the Sovefitment represeatat'ives is ful-ly reflected in this report . 31. The Chairman-Rapporteur of the Ad Hoc Working Group, in a letter dated' 20 \nay 1977 ad.dressed to the Pereanei[-E6presentative of chiLe to the United $ations the Office at Geneva expressed. the desire of the Croup to.visit Chile in fulfilling nandate entrusted' to it under Connission resolution B (loOG)r and exlressed the hope that the Governneat of Chile wouLd "rnake a positive affiroation for such a in his lett'er visit of the Working Grouplt. lhe Ctrairne,n-RapPorteu? further ' ' expressed the hope ttrat the respoDse of the Covernment of Chjle would be transnlitted to the Group a"ound the r.i.d.dfe ;f J,ne 197? in order to enable the Group to ful-fi1 its nandate and to draft this report fof tinely sub4ission to the Generaf Assenbfy and. to the Chil-ean Govelnsent, tatring into sccount that the Group had decitled to carry out its progra,nme of work foa the sr:mer ( see annex VI ) ' 32. The Ferrnanent Mission of Chile to the United Nations office at Geneva' in a note dated .l-? June 19TT aildlessed to the Director of the Division of Human Bights ' requested that the chairman of the Ad Hoc Working Group should be inforned that thereplyofttreGovernmenttohislett.rof20May].gTTvastlelayedd'uetothefact ttre lr{inister for tr'oreign Affairs of Chi]-e and his adviEers had been involved that States' in the preparation of the General- As s6nb1y of the Organization of Anerics,n which they were at the tine attending in Grenada, and tbat it woutd be forthconing in a fev days (see annex VII). In his letter dated )+ Ju]-y 19?? addresseal to the Chairman-Rapporteur of the 33. Nations Ad. Hoc Wo"king Group the Pernanent nepresentative of Chile to the United Offiee at ceneva stated' his Governm€nt-r s position with respect to the wish expresse'l by the Group to visit chile, as conts.ined in the letter of ttre chairnxa,n-napporteul oatea eo Miv ]:977. It stat;d iater alia that there were no political detainees connexion *it6-iG-ffie of siege, that offences connitted against held in Chite in that the security of the State vere being hearal Dainly by the regul-ar courts ' and the Goverfioent of Chi]e had enbarked oa a far-reaching carefully thought-out process of institutior,ali zing its civic and pol-itical structures, and that the Organization had American Sts.tes, at the s eventh reguLar session of its Gene"al Assenbfy of ' the decid.ed that Chil-e no fonger desefied separate treatment in connexion with and. conseiuently not requested the Inter-American protection-Conmission of huma.n rightJ had on l{unan nigrrts tor another siecief report on Ct}i1e ' In. the light of these developments, the Pernsnent Represlntative ot Ctritt further stated in his conraunication to the chairms,n of the Group, the Goveurment of chite believed that a vlsit at this time by the ent,ire Group would place that country in a position which lrou]'d not be consistent with the decision taken by the Organization of .American States, and that it would create a certain amount of conflict bet,reen the trro fines of investigation. on the other hand, the r-etter stated, the Government of chife, in conformity with the pri.nciples and. the position vhich that Governaent constantly d.emonstrated, reiterated its offer previously nade on 26 August 19?6 (see para. 23 above ) that two nembers of the Group r to be mutualLy agreed upon, could visit chile at a tirae to be decided upon at meetings which the representatives of the Government of chile r.rished to have vith the Group during the latterrs forthconing series of meetings (see annex VITI). 3l+. From Caracaso where the croup was meeting on ll+ July Ig7I , a message vas conveyed by telephone to the Perr0a.nent lr{ission of Chile to the United i,lations to the effect that the Group r.'ou1d be read-y to neet rrith the representatives of the chllean Government at united l:,Iations Headquarters, Iirew york, during the Group's meetings frorrr f8 to 22 J'ry 197'1 . TLre alternate pennanent Representative of chile to the united ifations informed the Acting chairmen of the Ad iloe l,Iorking Group, on the mornin6E of 1B July f9T?, that the chirean government rEliEiEntatives woul4 r,ri sh to meet with the croup on 26 ,t.".ty r97T at the united Nations office at Geneva. This a*angernent was confirmed by a note dated l-B July 197? addressed. to the a-lternate Permanent Representative of clrile to the united rfations by the Acting Chairman of the Ad Hoc llorking Grcup. 3r. Ttre chilean goverrment deJ-egation, hea.ded. by Arnbas sad.or sergio Diez, rnet i,rith the Group on 26 July 1!ll. During that meeting the government representatives provided the GrouF vith infornation on the general situation and d.evelopments concerning human rights in chi1e, in particular, the Governrnent rs efforis to trace missing personsj the future institutional structure of the Government, the situation regarding economic and heal-th questions, and the freed.om of the press. 36. The head of the chil-ean government deregation informed the Group that he was unabfe to deviate from the original proposal of his Goverrunent with regard to a visit to Chila by a d.elegation of two members of the croup, mutually agreed upon by the chilean Governrnent and the Group. He further stated. that, in this connexion, contacts coul,d be established betr{een the Secretariat and the Permanent l4ission of Chil-e in Ceneva. 37. The position of the croup, as stated by its Acting chairman, was that, though the Group maintained its desire for the broa.dest possible eo-operation with the chilean Government, it interpreted its mandate as not perndtting it to establ,ish by agreement lrith the chilean covernnent a d.elegation to visit chile. on the other hand., there was theoreticalllr nothing to prevent the Grou! from ceffying out nany aspects of its work by d.elegation if it so decid.ed, and that night, theoretically spesl 38. The head of r.he Chilean goverruneht delegation considered, that the pronouncement of the Group that it could work through a delegation represented pro€ress, and. he promised to convey the Grouprs point of view to his Government I he expressed the hope that co-Operation between his GOvernment and the Group would continue in the future. 39, The inforrnation subrnitted. oraLfy and in writing by the chilean government delega.tion during that neeting and in other d.ocuments is reflected in the Televant chaDters of this reDort. -17- II. CONSTIT{,ITIONAI AND IEGAL DEVEIOPI,IENTS )9:, 1l its report subnitted.. to the General Assembfy at its thirty-first (A/3L/.253 chaps. rr and_rrr) session ' trr" la-i."-w.rtiig c"o...,p described the chir_es.n an. Lesistative aevEf6liEnts relevart lmpact:::::ial:t:yt on to its inquiry as wetl as the humen rights of the state of siege. The report aeal-{ conndssion on constitutional- wiih the Befora, rrr i a been estabfished after the Governnent {Ti3.h"q assumed power for the purpose oi"rr-ira a prelininary Pol-it ic al. const itution; "i.to..ti'g drar-r of a ner tue estai:-i-srm.nt !-.i the council of statl as a sulrene consu-ltati ve body to the president or civil adrinistration; tne Fepubfic in matters or gov"r.rn..rt ana the est abLishn ent e/ o-f four legislative cormittees to be responsible for the d.rafting of decree lao,", ?s "ia the Governnent annormced l::::lt:l l?,"romutgare constitutional acts to f"ot."t the potitical, econobic an. socla-L stTuctr're of the country until- the elaboration rn the observations of a iefinitive constitution. of the-Govlrnnent .r crrii.-on the report of the Ad Hoc l,Iorking :roup. jA{c. 3/3/6, chap. ttt) trre activities of-the above-rnent ioned lo-El..s of constitutional vere .e!or'r,*::::ioi*,::u,il:^l""t: Acts l,ros. t_4 rnrere ennexed. 3/ ra the rrJ/u^.4/rzz!, chap. fI). subsequently submitted t. tf.. tr.Jrtylifr=ira of the Conmission on Hunan Rights in'f9|T provisions iy irr", Working c.ol,p, irrl ".""io' of Constitutional_ Aets Nos.'2, :".rra-q were analysed (see""il."t in pa"ticuLar E/CN ,\/:.'22I, paras. 86-88 ). l+l sirrce septemb er 19T6 ' the legar dever-opment-enactmeut s in chile have been characterized by a vell--pubLi ci zed att€npt, through the give of constitutional -acrs, ro the appearance of the restoration or trr" of raw rights' Sehind and respect for hrinan this fac ade exists trre t..iity-of""r" subsequently enacted legisr-ation which effectivety annuls the operation of the constitutional provisions. of speciric importance are decree_t aws Nos. 168l+, rthose 1688; iaBt ;;u-igsi-;;"b*do uo, 10? effects clearly denonstra.te that the rule c,f iarn ancl tr.,. '.rrot."ii#ii hrmaa rights are subordinated to the primacy of the military r6gine. A. Constitutional 4qleloments 1. Essentia-l bases of Chilean institutions 42' rrEssential constitutional Act No. 2, entitled bases of chilean institutions',, was pronxuLgated on 1r- septenber r-976 and entered into force on 1g sept enber of the l3?,.I"?I: ! 1ts pregr]le the essential val_ues of. the 1esal order of the chilea! are set forth. 4/ The operative part :a:r:olPolitical constitution-of repeals certain articles of the the Republi. .ia-p"o.'io"s bases for the powers and respons ibi.Lit i es of the State and. its organ-s. 5/ ! Constitutional Act No. 1 of 31 December agTj. 2/ Decree-law No. I22O of 21 Apr il 19?6. 1/ Al c 3 / 3r / 6 / Add. 1, annexes Jt ), O and r. v see E/cN.\/122I, pata. 57. 5/ Ibid, , paras. 58-61. -lo- )+3, Transitional article 2 provides: "Wittli.n a period of one yeax following the entry into force of this Act' the decree-lavs nodifying the Political constitution of the Republic vith regard. to the povers of the state and their exercise shall be reproduced in the forn of a constitutional Act." 6/ The one-year period provid.ed. in the Act wifl expire on 18 Septelnber 1977. 2. Constitqtional- riEhts and duties l+!. The preamble to Constitutional Act No. 3, !/ entitled "Constitutiona] rights and dutiesrr, B,/ contains the principtes vhich vi11 govern the application and i.nterpretatioi- of ttre ri.ghts end duties promu.Lgated by the Act. It is recognized. rrthe protection and guarantee basic rigtrts of the hunan person are of that of the rrneed necessity the essential- basis of 8ny State orgpl-izat'iontt . 9 / The to strengthen and enhance the rights recognized in the Charter of 1925 ard to new guarantees accordance vith contemporary constitutional doctrine incorporate in ItFreedom and the international endorseuent thereofrr is expressed. 10/ of opinion and infornation" is recognized as ttbeing one of the rnost vitaL freedoms in the 'world of today", while the necessityrrto establish essential norms to plevent the observed. 11/ The protection of the abusive exercise thereofrr is "appropriate rrhowever right to or,,n propertyrr is acknov.ledg It is asserted that pe"feet a declaxation of rights may be, those"d.-g rights are i]lusory unless the necessaJy lega1 renedies are provided for their due protection". g Ttre Governr0ent I s id.eological approach to huma.n rights is reflected in the folloving: ttas a neers of protecting the fundamentaf va.lues on which Chifean society is based., it is necessary to declare unlavful. ard contrary to the institutional oraler of the Republic any act of ind.ividuals or groups aimed at disseninating doctrines which impair the family, advocate violence or a coEception of society based. on class struggle, or are contrary to the constituted 1'6gimert. fl+/ 6/ Constitutionel Act No. 2 of lJ- Septenrber 1!J6. 7/ Pronulgated on 11 Septenber 1976. B/ see A/A 3/3I/6/ Add,I, annex 6, for the fulI terb of this Act; see also El cN.E/r22r, paras. 62-63 and 77.79. 9/ Constitutional Act No. 3, preambular para. 1. _LU/ tOld., prea;lbular para. 3. _LJ_/ 1O1d., preambul ar para. 6. lal ]!id., preambular para. 8. 13/ J!-i9., preambular para. 10. fV ftia., preambular para. 12, : -t a- \5, In chapter I of Constitutional- Act No. 3, 2Z operative palagraphs establish specj.fic hunan rights; it nay be noted that t"""1 provisiois -contained "i 3B therein are subJect to further definition or implementation by mea-ns of ra's o? statutes to be subsequently enacted.. Chapter I entered into effect on 18 Septenber 1976, but no legislation defining or implementing its provisions has, to date, been enacted. The Lrorking Group reaifirms its observationi on certain aspects of the constitutional developnents made in its report to the Cormrission orr (E Huran Rights /CN ,)+ hpZL, paras . 86-88 ) . rrJudicial \5. rn chapter Tr of the Act, entitled remediesr, article 2 establishes the renedy of protection, which ensru,es that any person who, as a result of arbitrary or i]-1egal acts or omissions, suffers any deprivation of, interference wlth or threat to the l-egitimate exercise of the guaxantees provided. in .,. ,/various provisions of the Aet/ may have recourse in p.r"on o" through a d.esignated agent to the appropriate Court of Appeals, which sha11 adopt the n"""""r"y measures to restore the rule of .]-a-ir and ensure due protection of the peTson concernedrt. The subparagraph of this article requires the supreme court to issue an auto acordado setting forth ru-res governing the handling of such appears. !t. Artiele 3 revives the constitutional guaraltee of the right of habeas corpus enbodied pol-itical_ in article 15 of the Constitution ot I9Z5 I th" r.".r""o d.e a.pa"o. 1+8. Artic.Ie naintains rrensuresJ the suspension of article 9 of the political constitution, which to ai-1 citizens tle free exercise of politicat rightsr, the freedom to organize and Join political parties, and the expression of oplnion such eltities. by \9. Transitiona]- article 3 of the Act, vhich provi ded that within a period. of J-80 aays fron0 the date on vhich the Act entered ].nto force, the organic lav on expropriations conforming to the constitutional provisions should be pronulgated. 0n 9 l{arch r!JJ, hovever, d.ecree-raw No. 1689 (s"" un.r.x rx) vas enacied exbenaling that period to 18 Septemb er a9T7, 50. The President of the supreme court made the follor,ring remarks in his speech inaugurating the judicial year: rrln Constitutional Act No. 3 recognition is given to the basic hurnan rights and to the faet that tlrey constitute the essential found.ation of all the State institutions; in order to protect them, special remedies are pl'ovided guaranteeing not only individuar liberty but other rights as ver-r-. These Temed.ies constitute a positive advance in o.r basic regiJr-ation for vhich an irnperative need has been felt over the years. "The renedy of protection is afr the more necessary as the intervention of the state in many different aspects of the life of groups and individuals increases' citizens cannot renain helpless in the face of abuses or arbitrary acts conrqitted by the administration, and the adrninistration must be nad.e subj ect to the Jurisd.iction of the courts, whethe" ordinary or special.r 1!/ 15,/ Rco I'l Mar^rr-.i^ t r\r -20- ? l+, r6gines"".{-/ en"cted on 51, Constitutional- Act :Io. enti.tled "Energency into rg75, sets forth in the preamble ttre consiaeration-s to be taken ii's"pi.*1"" of "euergency account in conferring pover6 to ot'"""o^u the threat or cccurrence situations"' f7/ rt i" siai"a that 'rsuspension or restriction" of fund'amental' proportionate to the g"t"ity of the emergency so that they are righi"-;*""t !6 the maintenance of inposed onl-y to tne exteni that they te strictfy necessaxy for inteerity, institutional structure and normafitv of the sovereignty, territoriat nto and 'fel vas aeernei apliopriate assemble reorganize iil"', . It " and- of ""ii.".i- prori"iorru of the- iof-itical Constitution of the Republic systernize,, various 1aw for the .il;il;s l"rn" i'in oid.er to have a coherent and harmonious bodv of 19,/ The operative portion of the Act provides benefit of the national conmunity". af1 g,tar'.nt"." irhi cfi-Const itutional Act ilo' 3 ensures for that "the rights and. following pexsons may be affected on].y in cases of ernergency envisagecl in and the states, r'rhich may ofl energency ar'e described, Lf . irii"r."";'eo/ the cases of the be consequently decJ.a.red- *" d" 22/ For a fuller exposition " Act No' l+' see llorking Group's observations on"olri.tai the proviJions of Constitutional paras. 5\-Tl+. El ci,t.\ / L22L " exception of articles 13 5?. The sole transitional- articl-e provides that, with the force 180 days after its publication' i'e'" on and 1l+" the Act lroufd enter into the Act 11 l.larch 19??, and trt.t'"iliti" the -I8O-day ptiioa' a law complenenting 13, which entered into force at the date of would. be pronulgated. Article force the publication of the Act? provides ih.t thil-" ttergency regulations ale. in pto.rii"O in p*ttgttpn 6 (r;), of article 1 of constitutional Act period of 48 hours person before i{o. 3, during which the authorilies nay hol-d an arrested or detained person concerned at his disposaf is notifying the competent J ud.ge and placing.the s ame time as extended to 10 clays. Ar;icie 1)+ eitered into force at the Constitutionat Act llo. 3, i.e., on 11 September 1976' 53. Article 1l+ of Constitutional Act llo' l+ states: and of €rparo (habeas corpus)-]aia dom in "The remedies of protection the Act It'o only be appl-icable to articles 2 and. 3 of Co-nstitutional '-: =r,"rr governing the extent that tit"y *"-oJoiiy cornpatit're \^tith the lega.l provisions emergency situations referred to'" Act; see also ElcL -\h22I 15l See L/C.3/3L16/Add..r for the ful1 text of this " p.r."l-6)+-?l+. t!/ Constitutional Act IIo. l+, preambulat pata" 2" 18/ constitutiona.t Act lio' )+" preambular para' 5' f9-/ rbid., preambular Para. 7' 1. 20l Ibid. " articl-e zJl ry1d. , article 2. n/ ]}id., arti.cle 3. -.?I- Linitations on the appl'ication of both the remedy of protection and the renaedy of ?nxparo enbodied in constitutional Act No. 3 (=.u p.ru. !6 above ) vere thereby inposeil coincident vith their enactment. 5\j On 28 January 1977, decree-fav No. l68t+ was issued; Z3l it provided. in its sole operative paragraph that article 1l+ of constitut ionaf-act rri. L le rFnea.red and replaced by the following: - -ttThe rernedy of protection provided for in article 2 of constitutional Act No. 3 shal1 not be applicable in the emelgency situations referred to in Constitutional Act No. \ ot 1976 or in other constitutional or 1ega1 provisions. rl ,5. The consequence of this legislation is that the remedy of protection which Constitutiona-l Act No. L had previously d.eclared only appticable where rlwhotly conpatiblerr vith legaL provisions governing emergency situations was no' decla"ed to nol be applicable " in such situations. It appears, however, that Lrith the enactment of d.ecree-1a\^r No. 1681+ the limitation ii articre lL oi constitutional Act llo. 4 on the right of a.mparo embodied in article 2 of constitutionaf Act No. has 3 been renoved, and that such right should no'w be operative without rimi.tation. The consequence of decree-law No. 168\ appears to be twofold: the further restriction of the renedy of protection,-and the removal of any restriction on the remedJr of a^mparo (habeas corpus). 56. The legislative anendment of constitutionaf Act ltro. )+ as it affected the remedlr of protection aroused criticism in various Chilean circles, nith regard lroth to its content and to the manner in which it had been enacted. The cornnission on constitutional Reforrn, which is charged r^rith the task of eraborating a draft new of the constitution, 2V issued a document stating that "neither tie conmission nor any of i.ts nembers had participated in the d.rafbing of the decree_Iawn. 2fl 57' rt o'as also reported. that three members of the connission had resigned. or had been renoved from their posts. An analysis of the irapact of these deveropments rra s nad.e in an editoriaJ- in El_ Mercurio: t'Who could doubt that His Excellency, the president of the Republic, had broad powers to renove any of the jurists who n with no remrmeration, are studying and dxawing up the new draft po.litiea.t Constitution? It is a fact that the Head of state can nake additions to and chan8es in the nenbership of Conrnission the drafting this document, This is the case of the 1ahlr'er and professor of law, Jorge ovarle, vho was requested by the Minister of Justice, M6nica Madariaga, to resign from the conmis-sion on which he was working. !3il For the text of this decree-1arn,, which entered into force on 31 Jaruary 1977, see annex X. see {/ A/ 3r/zj3, paras . 102-Lo5 o and E/cN. )+/118g , para. 51. 25l El- Mercurio, 20 March 19TT. -22- "None of the jr.:rists vho raake up this Cornnission has executive or decision-naking powers ' They merely pxopose a draft or constitutional formula to the Governrnent, wlich nay accept it, amend it or reJect.it' The presence of such and such a man of the law in its drafting connission in no way limits the povers of the Government Jr'[rt a to exercise its constituent power' nor the powers of the President of the Republic to exercise his high authority. ''ThepovertoleplacethejuristsontheconstituentCornnissionisno;' What does, holrever, give rise to questions is the fact then, under debate. only that the Cornmission, thich iniiia-1ly had seven rnenbers, is now composed of for," (tft" fifth' Sergio Diez, is the present Permanent Delegate of Chile to the United l{ations) and that for various reasons' the lar'Xrers AIej andro Silva Bascufr'an, Errique Evans de la Cuadra and Jorge Oval.le have ceased to belong to it; ihey va.Iuab].e ideas from their respective .\riFlrnoints nnd their coulA"&t"ilot.d only benefit the Governnent since it consisted of proposals or suggestions"o1't which in no way affected the freedom of the President and of the Junta. are important, because this is a "The above-nentioned circumstances rith slrmpton of the restriction of the basis of support or civil coflaboration or ind-eed a the Government. No other r-egine in history had more right ' greaterobligation,thanthePresentonetoacceptciviccoflaborationuithout restrictions. Its roilitary origin nakes it possible for the Government not to discriminate vith regaxd to eaxlier political ideas and to bind itself exclusively to the pitriotisn' knowl-etlge and the competence of those vho are wilting to supply some public service." 26/ On ! June l9?7 three nev niembers lrere appointed to the Conmission: Juan de Dios Carrnona, Luz Bufnes Aldunat e and RauJ. Bertelsen' 27/ 28 January 19??, the sane d-ay on r^rhi ch decree-lav No' 168l+ was enacted 58. On acting declaring the remedy of protection inapplicable in emergency situations' the chief of the zona de tueigencia ot san-tiago issued. a r0ilitary order !!./.suspending a1f broadcasting by Rad.io PTesid.ente Ba.hnaceda. The Christian Denocratic Party had been granted a licence for that radio station on 2 May 1912 ry and had operated ihe facilities since that time. The Party appealed against the order of to the r0ilitary couxt but the recurqo de. regtalmg vas"reJected' In view suspension ' rei ectea of the new lirnitation on itr" ot proffiIl6il ttte of Appeals the appeal. The samultaneous".r"qy enactment of decree-law No' f68)+ ard' the order operation of Radio Balnaceda may reasonably lead to the conclusion that "'rr"p.i-aingsuch action was not a rnere coincidence. 26l ll Mercuriq., 22 Mav 1977. 27/ Solidaridad' No. 20' June 1977. 28/ Published on 2! January I9T7 in "Boletin d'e Prenss No' 1I de la Jaruaxy. 1977. Coman-dancia en Jefe det Ejereito'l' as reported it IL !lE!gg4g, 30 29/ concession gra.nted by decree No. 625. 59'. Tne action taken against Radio Balmaceda vas wid.ely criticized; the follovinq stat ement appeared in El I'{eTcurio, " "For the inforrnation media and for the organfzations representing Joumalism' this measure is a violation of the freedom of infornation rqhich is recognized by our countryrs Constitution,fl 30/ The Association of Broadcasting Stations of Chile issued the fol.loving stat-^roent i "By decree of the Chief of the Emergen cy Zone of Santiago, Radio Presidente Ballraceda has been closed dor,m. ?he measure is trased. on the fact that the concessionaire of the radio station is the Christia-n Democratac party, which is allegedly infringing the provisions concerning the recess political parties. of !'Unfortunat ely, it is more than three years at.te? the recess came into force that this fact is noticed, when it vas a matt er of public knowledge, as is admitted in the decree itself; it causes unemploynent for nuaerous speakers" operators' Journar-ists and administrative empl.yees and d.eprives nany thousands of listeners of their mee.ns of information and entertainment. rrThe Association of Broadcasting Stations of Chile, ARCHI, which has constaDtl-y struggLed to maintain freedoft of expression in our country, hopes that the courts of justice, whose right it is lo interpret the law, will enable ow associate' Fadio presidente Barmaceda, to reopen, i-n accordance lrith the law. " ! 60. The hesident of the Supreme Court, in his speech of 2 March 19TT the inaugr:rating Judjcial lrear ' after stressing the irnmense inportance of Constitutionat Acts Nos' 2' 3 e,'d 4tt and referring to the application of the remedy of protection, spoke of. the uide powers conferred on the executive authority Ly constitutional Act No. )+ in the foltowing terns: rrconst l+ itut ional Act No. refers to emergency r6gines. T consider it my duty in view of the office r ho1d, to make sone remarks about the breadth of the porrers conferred by this Act, to vhieh r am of course refe*ing sor-ery in terms of constitutional theory' rt r.us t be borne in rdnd that the Act in question is destined to have permenent effect and there is thus a possrbility that it might lend itself to abuses at some time in the future and enalre Government s then in power to violate essential guarantees which are enshrined in Aet.No. 3 and inseparable from any rule of 1aw. "under the declaration of a state of siege or other emergency situation, the powers vested in the head of State are now extended, not only with respect to the restriction of personal liberty but ar,so vith respect to freedon of opinion, infornation and association; he is, moreover, given the power ro censor 30/ 1 February 1977. 31/ El- Metcurio, 1 February t9?2. -2\- correspondencc and corlluuricartieD. tlLd t(J irapuse Iimr'tatjorrs ou bhe right to property. There can be no doubt that these measures r,rere inspired by the J.audable intention of ensuring internal_ security and public order, which axe so gravely threatened in our day by alien intervention; however, experience shovs that legislation promulgated vith the best of intentions ard in perfect good faith can subsequently be distorted or evaded by the sort of interrrre tat ions of r,rhich ve have seen such deplorable examples in the past. I also feef bound to express my concern at the fact that the rerledies of rlF^+F^ri^h ahch'in6d in ConstitutionaJ- Act lio. 3 are nov to be restricted. in soue far-reaching but ilI-defined nanner, whenever the emergency situations defined in Act j\lo, \ obtain. " ?/ 6I. The Working Group has also received a nulber of conmunications from authcritative sources expressing concern as regarals decree-lav No. 168\, which indefiniteJ-y postpones the possibility of exercising one of the judicial nech€risns for the protection of human rights. 62. Although decree-law No. l-58l+ does not explain in its prea.nb]-e the reasons which led the Government to adopt such measures, they are stated in the Presidentrs speech of 18 March 19?7 (see annex XI), as fol.loi's: "The abolition of the remedy of protection during any state of emergency lras dictated by the difficulty of applying it until such time as the new Iaw to suppl-ement the neasures governing states of emergency has been promul-gat e cl. Once this nev legal- instrument has been enacteal, it vi11 be possible to give ful1 1ega1 effect to the institutions establ-ished. under the lelevant Constitutional- Acts . .. r'. Although the pronise in the last sentence strikes ar encouraging note, the Group cannot refrain from expressing its surprise at the fact that the remedies guaranteeing the exercise of human rights recognized by the Government I s onn Constitutional Acts should be rendered ineffective by the Governmentrs failure to prornulgate the legal- instruments needed to bring then into operation. There is a.11 the more reason for concern when one considers that the prevailing legislative trend is to institut ionaLi ze the states of emergency. 63. On 2! March 1977, the Supreme Court of Justice, in pursuance of the second paragraph of articl-e 2 of Constitutional Act No. 3, issued an aut o acordqdo setting forth rules governing the hardling of appeals invoking the renedy of protection vith respect to constitutional guara.ntees; it stated thst the provisions in question were rrapplicable in such cases rrithout preJudice to the provisions of decree-1aw No. 1681+ ot 1977. 33/ Subsequently, vhen alloving an appeal in a particular case, 34/ the Second. Cha"mber of the Suprene Court unaninously asserted: 32/ See El Mercr:rio, 2 March 1977. 33/ See El Mercurio, 3f l.{arch f977, 34/ "case brought by Hexagon Linitada againsc the Int ernal- Revenue service alleging arbitrary acts and. omissions ... directly affecting the right of propertyr' ( Ef__lq.=sr"rq., f5 April- 19?T). /... "the avaifability of the remedy of protection in respect of arbitrary or illegal- acts or omissions not covered by any of the emergency referred situations to in article 5 j)/ ot ConstitutionaL Act No. L1" i" sone other constitutional_ or 1ega1 instnrmentrr. 36/ This ruring, al-though it seemed to be positive and to point to the existence of a creative, more autonomous ror-e for the in the gave Judiciary application of the 1aw, nevertheless rise to concern inasnuch as ii establi"L"d d",trg"ro,.," divisibility in the operation of constitut ional- rights, extendine" .iudiciaf protection to some of then in certain circr:mstancel lrJ, irr.-"ierr, .r property in the case referred to) and re.ving other fundamentat"*rrpi.l and exposed rignts defenceless to the arbitrary exercise of powlr lrhenever it is naintained that the executive authority is acting in virtue o-f th" po"ur" entrusted situations. to it in emergency 6\' The existence of the rexxedy of protection in €ry forn, honever, r,ras short- fived' on 30 May 1!fJ the court of appeals declaxett the inapplicable remedy"1". of protection wholly whenever the country is in a state of siege. 3?/ iw" Rosende, Dean of the Faculty of Law, who was the government counsel in the appeal, welcomed. the clarification of this situaiion and explained that trthe inadmissibitity of the rened.y \^,as very cl_ear, since, e'ergency during states of Like the present situation in Chile, in the case of aiy recurso dg_proteccio6 presented before the law courts, whatever i;"-;;"",ff vithout exception or distinction of any kind, the hearing courts !.ust arrsiain fronr the matter and definitely rur-e that the recurso cannot be received and that it is not justifiable to attempt it; in-irr?-r vo.J", trri"-i" equivalent to saying that in states of ir"rg".r"y the renedy ;f protection d.oe s not exist". 38/ 65. The.Working Group notes.with regret that the renedy of pr.otection enunciated in Constitution Act lrlo. 3 has ceased to exist as a legal ,"r"dy a result of the enactnent of decree-law No. 1581+ as interpreted. by the chir"een"" courts. [/ 'Ibe reference is to the powers of the p"esid.ent und.er the ileclaration the state of siege. of 36l See Et- l4ercurio, 2I April 1977. pascal_ !! Case of Marianne Al-lende, t:eported. in El- Mercurio, ? June 1977. 38/ E1 Cronista, 3 June 197?. B. Decree laws T. 66, constitutional Act No. l, transitional articfe ? (see para' [8 alove), naintained the suspension of article 9 of the Potitical constitution of l-925 ' which had guaranteed. political rights. Decree-law No. 169? of 11 March 19?? (see annex XII), prornulgated by the Military Junta in exercise of its constituent power, provides for the dissolution of the suspended political parties and other entitiei, groups factions or movement s of a political nature, and also maintains the suspenlion oi' article 9 of the political Constitution of the State, vhich establishes and protects poJ.itical rights. other provisions of the decree deprive the organi.zations referred to of their 1ega1 personality (art1c1e t' para. 2)' prohibit their existence, organization, activities and p"opaganda (article I' iara. 3) as well as the carrying out or encouragement of any activities of a partisan politieal nature by any entity (article 1, para ' )+) and'. determine tbe d.isposal of the assets of such entities (article 2)' It i's provid'ed that the assets become the p"operty of the National treasury; the Group vier'rs this as confiscation of property tn a nation-wide sca1e. Violations of the provisions of this decree vhich prohibit further political activity carly severe penalties ' includ.ing exile (article 3). by decree-taw No' ?? 67. The measure embraces the potitical parties not affected rtin of I October 1973 but covered' by decree-law No. 78, vhich declared them-to be recess". preamble of dec"ee-1aw No. 1697 states that these political !-/ "Ibe of the parties "[-ave continued their activity, which has Ied to the development iype of ideological and partisan confrontation which previousfy promulgated aecrees were designed to prevent"' In his speech of 18 March 1977 president pinochet stated that the dissolution of the political parties shoulil be understood as part of the move towards the "national objectivelr and that "under g"oups bent upon the new institutional system, the political parties ' from being seizing power for their ovn benerii, llil1 become vehictes of opinion rnrhos e influence vill depend. sol-ely on the moral calibre of theiT members and the soundness of their theories and their practical aims". 68. President Pinochet also referred explicitly to the Christian Democratic Party l+O/ in the following terms: 39-/ Se. A/1o285, paras. 86 and' 2l-3-277. \,?./ On fz March 197T and for some days after that' the Chilean press devoted consi-d.erable space to the question of a docurnent said to have been vritten by the Christian D&ocratic Party, Andl'6s zaldivar and Tomd's Reyes and l-eaders of the (E] ' nade public by the Government, which reglrded it as subversive l{ercurio ' March 1977; La.Tercela de 1a Horq' 12 March -rL9??i | | 1 :=-:-====----::Ultinas Noticias' ].2 12 March 19??; El Mereurio, 1j March 197?; nl Cronjsta' Iu flarcn -Lvt l'l' -27 - 'r0n1y the stubbornness of the forner Christian Democratic Party in persistently anal repeatedly violating the recess inposed on the politicst parties nad.e it necessary to proceed. imnediateJ,y with a measure which the Government has been announcing for sone time as part of its institutional progranme. This is the on.l-y reason vhy the dissolution was applied to all the paaties in existence on 11 September 1973.!l 69, The newspaper El Mercurio has also recently expressed its partial disagreeDent with sone or tne GoiEiiientlE-tatest measures. rn a weekly political conmenrary, bearing on this occasion the title t'surprising changest', the newspaper refers to the suspension of the political parties: "As a result of the changes that have been announced, the right to d.isagree publicly appears to have been reduced and any activity of political palties becomes crininal; the latter provision could even apply to organizations that were not political parties on 11 September 19?3, It voul-d have been possible to define the crime of violation of the "recesgl of political parties and penalize it severely, thereby discouraging the nore obvious atternpt s to bring back the old type of party activity. fhe ssme legislation could. have defined the activities that constitute a violation of the "recessrr and those that constitute a legitimate exercise of the right to disagree. It coul-d also have indicated what constitutes a Lawful organization for citizens for public purposes. "By virtue of a constitutional ruling, political activity appears to ha.ve been conpletely outlawed, and" this affects or could affect even social organizations that support the Government, inasmuch as they night be regard.ed as rentities, groups, factions, or movements of a pol-iticaL character ' . " l+1/ ?0. Fuxthermore, from an "exclusi.vely noral and pastoral viewpoint t', the hierarchy of the church has made publie \2/ its opinion on the present situation in Chile in reply to the presidential me-ssage of l-B March 19??. With regard to the suspension of political parties, the statenent refers to !'the profoundly l_egal t"ad.ition and character of our nation", which is linketi with "the existence of parties representing the najor trends of civic thoughtrt. rt was further observed. that in accordance with the teaching of the Church, any nelr stTucture |tcan only arise as a result of a free and nature national consensus, legitinately expressed'r. l+J/ (See also chap. VI.) 2. Bando No, 107: Festrictions affecting printed matter 7l-. On 13 March 1977 the Chief of the Zona. de tuergencia of the Metropolitan Region issued band.o No, l-07, which provides in part: l+V El- Mercurio, 13 March 19??. \2/ Statement on "Our national coexistence" by the Pernanent Cormittee of the Episcopal Conference of Chile, published in E1 Mercurio, 25 M8;rch 1977 (see annex )CIII). !:/ rlia. -20 - circulation "1. As from today, the establishment, issue, publication, ' distribution and marketing in any form of ne!,t newspapers ' iournals' periodicals and printed rnatter it general shall require prior authorization by the Chief of the fmergency Zone. The import and narketing of all types of books' newspapers "2. ' sublect Journals and printed matter in general shall also, as frorn today ' be io prior authorization by the Chief of the fuergency zone''l 72. Ihe imposition of this direct prior censorship hV on all publications was severely criticized both inside and outside Cbile (see chap' VI belov)' Tn an editorial entitted "cultural shrinkage", El Mercurio rrrote: at "This is not a political problen. It is a cultural matter' Nobody all, hovever gooa tneir intentions and honever elevated their visdom' is ab].e to decid.e faLrly what can or cannot be read by adults' Furthermore ' the mere fact that there are autholities to qualify reading material as licit or iflicit constitutes a narrowing of culture, a shrinking of the possibilities for reflexion' research and criticisur to whieh the Chileans have a rigtrt. " \5/ opinion on of '13. The hierarchy-statenent of the Church has made public its itour "freedorn eipressiontt in a by the Episcopate entitled national coexistence": Church "We also wish to give our opinion' based on the doctrine of the concerning me&sures - Jome of whicft are quite recent - vhich substantially restrict freedom of information and opinion vithout prior censorship' such meaBures d.o not favouT the formation of authentic public opinion, which is an indi.spensable condition for a national consensus' The unity of a nation rests on the possibility that through nunerous and effective channels of expression ali valid interlocutors can responsibly state their opinions" asienting or d.issenting, at every decisive stage in the course of national affairs. As the Church teaches: and above all where it "'lnrhe?e there is no manifestation of public opinion is found not reatfy to exist' l'hatever tlle reason given to explain its or absence' 'we should see the defect or sickness' a disease of social siLence silence ].ife . .. To stifle the vcice of the citizen and reduce it to forced eyes every Christianr an attack against the natural act of man is, in the of (Pius the and a violation of the world order as established by God'. XII" at First Internationaf congress of the Catholic Press, 1J February 1950' ) great majority "We consid.er it our legitimate duty to point out that the and' of the socia"l ^r ^il"izana rrf l-tades unions and professional associations, cornmunication rnedia, have sbovn a maturity and a patriotic e,rrd realistic \\/ Cf. decree-Iav No. 1281 and band.o No. 98 (see A'/3r/2'3' chap' rx)' \5/ EI Mercurio, 10 April 1977. understanding, eren when they d.isagreed with the viers of the covernnent, vhich in our opinion nxsfte then dese.ve, not more restrietions, but lrider opportunities of expressing themselves and thus taking part in the formation of a genuine consensus. _ "The consequences of these measures could be serious, not only for the inage which other countries have of the operation of civii rights in Chile, but also for the actual_ development of th-ught, research and culture in our country- Moreover, the church cour-d not conscientiously accept restrictions which wourd- lirnit its legitinate right to receive information and to teach its doetrine." L6l C. The state of siege jT;-- ll_lnt report subm-ltted to the cenerat Assenbly at its thirty-first session \A/ 3!/t>3, chap. If) the Working Group described the impact on human rights of the state of siege, As will be reca11ed, on 11 Septelrb er I97 5 the state of siege of the national teffitory was modified by d.ecree-1aw ''].nternal No. 11g1 froro the leve1 of defence" to that of "internal security'. \7/ Since the.t time, the state of siege at that revel has been renewed xaonths; nost recently, decree-law ".r""y-Ei, No. 1688, promulgated on ! X{arch f977, lg extended the state of siege until 10 Septernber 1977. Considering the fact ttra-t ttre state of siege was first declared on 1l- September 1973 and has been extended several tines, by 10 septenber 1977 (tne date of expiration or decree-law rqo. l5g8) thl republic will have been under the state of siege for a period of four years. fn this connexion, see General Assembly resolution 3f /1214. )+6/ Text published in E1 Mercurio, 10 Aprif 1977. W Decree-law wo. 6)+O of 10 Septenber 19?)+ had provided. that a state of siege nay be cleclared in any of the following degrees: (a) Stete of siege because of a situation of rrinternal or external war"; - (b) state of siege in the degree of "internar- d.efence", which is appficable in the event of civif connotion caused by rebel or seditious forces oreanized.. or s.bout to be organized, openfy o" clandestinely; (c) state of siege in the degree of 'rinternal security', which is applicable when connotion is caused by or sed.itious forces which "ebe1 are not organized; and . (d) State of siege in the degree of rtcivil commotionr', which is applicable in the other cases p"ovid.ed. for in the legislation in force, l+[/ tfre sole artic]e of the d.ecree provides that 'The entire nationat- territory of the Bepublic is declared to be in a state of siege at the 1eve1 of internal security for a period of six months from the date of publication of this legislative d.ecree in the Diario ofiqia1". The decree vas published. on 11 March 1977. -?o- 75. On 11 Septemb e'r ]976 Constitutional Act No- l+ (see paras' 5l-65 arove)' utttitt"a "F,rneigency r6gines",' rras promulgated; pursuant to the terms of its sole transitional article the Act vas intended to enter into force l-BO days aftel publication, \9/ tnat is, on 11 March 19?T' and. a lalt conplementing the Act vas to be promulg;ted vithin that tine. 50/ It wss stated that such compiementary legislation "rnay provide for different levels in the states of siege, defence against subversion and disaster, and sha1l determine rrhich of the guarantees laid dovn in articles 5, 6 and I nay be suspended or restricted in the case of each artic1e". !/ Considerabfe importance clearl-y attaches to this complelenta"y 1# in viev of the fact that Constitutional Act No' )+ only outlines the regulations to be applied in states of emergency, leaving the effectiveness of the rights and guarantees enunciated in Act No. 3 to be determined by the provisions of the complementary 1aw. Tt rras recognized in the prea'1h1e of Constitutional Act No, l+ that "suspension or restriction of .,, /fundamental rightsT must be proportiona.te to the gravity of the emergency so that they are imposEd only to the extent that they are strictly necessary for the maintenance of the sovereignty, territorial integrity, institutional structure and norrnality of national life". 52/ It $as firther stated that 'rit is appropriate to assemble' reorganize and syst-natize '.. fexceptional measuresT in order to have a coherent and harnonious body of lav foT The benefit of the nJtional conurunity". 53/ 76, on 1.1 March 197?' the d.ate when Constitutional Act No. l+ was intended to enter into force, decree-law No' t689 (see annex IX) was published' in the Diario Oficial. Article t (b) of that decree amend.ed the transitional- article of i6iltit,rtional Act No. h to provide that the "Act sha1l enter into force on the date of publi.cation in the Diario oficial of the complementaly larr referred to in article 113-". N The effecl-i?-EEiiEE-1av No. 1589 is to postpone indefinitely the pronutgatT-on of the conplementary J.av and to make the entry into force of consiitutional Act No. J+ subject thereto. The reason given for the delay is that the legislation in question relates to 'rcomp].ex subjects which had to be sufficiently mature and required thorough analysis'r and that "for these matters it is necessar! to ascertain the vievs of various institutions and bodies whieh will be appl-ying the said fegislation"' 55/ 77, fhe Inter-American Cormission on Hr:man Rights, in:'ts third T€port to the l+9/ With the exception of articles 13 and 1L which entered into force on 11 an-d fB September l-975 respectively, see paras. 51-)2 above' 50/ Constitutional Aet No. l+, transitional article. 5I/ Constitutional Act No. l+, article 11. |!/ Constitutional Act No. h, preambular para. !. t3/ Ibid.., preambular Para. ?. cL/ Rvaentian iq mede r,r'ith reference to artlcfes13 and ].l+ of Constitutional Act No._. \ wfricfr had. previously entered into force (see paras' 52-55) ' 55/ Decree-Iev No. 1689, preambular para. ' 5. -3r- Organization of Ameriean states on the situation of hrman rights in CbLIe, 56/ conmented on the anomalous situation created by the extension of the state of siege by decree 5?/ in view of the enactment of Constitutional Act No. 4. This corment carries &en greater validity in the light of the current situation: "An entire nettork of iurisdictional, procedural and. adrinistrative subtleties and differences separates eacb one of these systems fron the other, leaving a comaon el-ement whieh is the predoninance of speeial legislation over pernanent and regular institutions, or the primacy of the powe" of the llead of State over written ]aw. " $./ The Group feels bound to express its concern about the unpred.ictable and arbitrary Iaw-naking proced.ures vhich subJect the Chilean citizenry to the insecuaity inherent in a situation where the source and validity of the 1av is unknor"n ' D. f'uture institutional development s ?8. On 9 July :!9"fl, on the occasion of the second anniversary celebration of the f'rente Juvenil de Unidad Nacional (Front of National Unity for Youth) ' the President of Chile defivered a speech describing the basic lines of the institutional d.evelopnent of the country. 22/ H" stated that "we can clearly see hov we must shape a nelr democracy which wil.l be authoritarian, secure, unifying' and instmmental in technological progress and. genuine social palticipation ...". Three stages in the fornulation of the \rnev denocracy" vere outlined: (t) recovery' (2) transitiorr, ana (3) nornality or consol-i d.at ion. "These stages are distinguished by the diff€rent roles playeal in them by the .Af'ned Forces and the !'orces of Order on the one hand, and by civilians on the other. They are also differentiated by the legal institutions which must be estabfished or empl-oyed in each stage. " 79. It vas stated that the country was currently "in the nidst" of the recovery stage, and the foflo{ing statenent 1|ras made concerning the present and future role of the military: ttfn the recovery stage, politicaf power has hacl to be taken over en+.i,.elv hw thF armed Forces and the Forces of Order, with civilian collaboration, but later on the more provisional need.s of the situation vifl be shared vith the citizens, who w-i11 thus have to melre the transition from ant't o}nraiinn +n iortiainstinn 7i/ oEA/Ser.P, AG/doc '795/77, rz Mav !9"17, subnitted to the seventh regular session of the 0AS . 57/ At lir]at tirue d.ecree-1aw No. 1550, vhich extendeil the state of siege to 10 March 1977. 2ql OEA/ser.P, As/doc.795/7'l , L2 Mav L977. Nations 22/ text furnished by the Pernanent Mission of Chile to the United Offj.ce at ceneva by note verbale dated 20 Jufy 19?7 (see annex XIV) ' -32_- "Last1y, ve shal-i enter the staEe of norma-l-ity and consoli.lation, when por.rer vi1l be exercised directly and fundamentally by the citizenco and the Armed Forces and the Forces of ord-^r '!.'i11 retain under the constitution the rol'e of helping to safeguard the flndamentals crf cur institutional system and maintaining nabional security in its rside-ran6ing and decisiv-^ rcodern forrns, " BO. RegTd:ng fu1-uae consLiiutiorLar devclopments, tle Dresrldtnt stated: "During the remainder of the recovery stage, it vi11 1_.e necessary to enact further Cionstitutional Insiruments for the various natters of a eonstjl.utionsl naf.ure which they sLill clo not cover, a-s veII as :jone vjLally inportant legisla"tion on security, labour, social welfare, education and other subjects r,-hich i"rilt be prepared at the same tine. The 1925 Constitution wiil thus be finally abolished; in subsi:ance it is already dead, but legally speaking some smal1 portions of it rernain in force, ancl this is not advisable. I'Siraultaneously, the Constitutional InstTrnnent s alreaqy promulgated vi1l have to be revised in those respects in which practice has shok'11 the need to supplement, amend or clarify then. "The culninarion of this entire process of preparatjon and pronulgaLion of the Constitutional fnstrunents, which wi1.t continue its gradual pro8ress from noff on, must in any case, I think, be before 31 December 1980. since the beginning of the transitionaf stage should be no later than that and. should coincide rdth the fu1I valldity of alr the legaI institutions for which the Tnstrr.ments provide . " 81' The President described the future evolution of the governmental structure: there was to be a bipartite system composed of the president of the gepublic and a Chamber of Representatives. The establishment of the Chamber r,ras envisaged to take place during 1980, the menbers to be appointed by the Gove"nment Junta n lsince elections are nor foasihle'. 1r was further stated thaL lour or five years later, hovever' tffo third.s of the nembers - those representing regions - would be elected by direct popular vote. After that tine, it would be up to the Clramber tc appoint the President of the nepublic ? nrho rrould serve for a six-year period. "simultaneously, and this inplies an advance fron the stage of transition to that of consolidation, ; the new Political Constitution of the State ... must ba ad^n+6; and pronulgaL.d . 6q/ 82. -the Group observes that the restoration of h,rnan rights does not appear to be plovided for in the p"ograrnneralll]Ile ofoI futureIulure institutionatlnst]"tutr-tr-r usvcrel.d.lr,,deval^hnan+ --,r.,,r,edjh by the president of Chi1e. ^,i+t The 60/ fu11 text af president pinochet's speech aDpeared i.n El Mercurio of 10 JuLy r97?. II1. LIBIRTY AND SECURITY OF ?MSON A. Arrest andd"!.q@ l-, Ararest and detention 8? Tn its ?ero?t to the Conmission on Huraan Rights at its thirty-third sesslon' the Group found that the evid.ence it had received indicated that arlests continued to take place in Chile without compliance witb the required 1ega1 safeguards (E/CN.)r /12?r, paras. 91-98)' eeopie were arrested vithout proper varra,rlts being presented, their relatives wele not inforned. of the place of detention' and tbe iaxiloura period of detention without reference to the competent iudge or the Minister of the Interior was invariably exceeded. In addition, an increasing number of arrests took place in circr:mstances where the occurrence was not 1ike1y to be witnessed ty llira parties. In fact, the securitv services' f?:91. Yi^:l "t" legislation designed to protect the human rights of detalnees \Al 3r/t>3' p"i"". faO-f:z),1ere reiorted to trave devised new methods of a'rest amor.rnting to the detainee does not irianapping ttre d.etention takes place without witnesses ' rpp.u.i- irr-"r,' official place of detention and the detention is denied by the authorities. $+. fhe Group also reported to the Connission on the large-scale release of being persons who naa been held under the state of siege vithout specific -charges them and expressions of satisfaction both in Chile and brought against the (see throughout the .worfd at these releases. After the rel-ease of Luis CorvalSn Montes it was reported by the Government T,/cN.i /L22r, paras. lol+-121) and Jorge ' no one a,as held under the state of siege provisions 1/ (see paras. f7r-\77) ' that been However, the Gloup has received informati.on that recently several persons have d.etained by virtue of the st8.te of siege under decrees of the Ministry of the Interior (para. 89). Br- In prior reports of the Group reference was made to the international.legal standard.s and the Chilean constitutional and legislative provisions governlng and detention. chilean 1aw provid.es, in cases of arrest both for illega1 arrest nust be u."1" u..ra unde" the state of siege, lnat prior vritten authority for arrest oltain.d (except in the case of arrest in flagrante delicto)' Chilean 1aw also provides that iotification be giv.n witEii-I6-I6iii-iT-6iie"t to a iudse or to the detained person,s funit'-i"t"tE oi and that within a limited tine - l+8 hours for crimi.nal acts, five days under"i"eu), the state of siege - the arrested person must be released or turned. over to the conrpetent judge or to the Ministry of the fnterior. fn addition, persons arrested eithel' for criminal acts or unde? the state of siege nay orrry iu held in places speciflcal-Iy rlesignated or intend'e'l for Written authority must a].so be obtained to conduct searches and' that !\rpose. the und.er the state of siege provisions J a copy of the warrant must be left after 1/ Note verbale dated 20 June 19?? from the ?errnanent Mission of Chile to the at Geneva addressed to the Secretary-General Unitea- Nations office ' /... -J.+^), - search (ABr/253, paras, 120-f32). rn this connexion the Group notes, as it did in its report to the comdssion on Human Rights (E/CN.\ h2?I, para. 88), that, in spite of the provisions governing arrest and detention in constitutional Act No. 3, 1-hF r"rrl pc i n +^'^o --i1,r rwt'^. to the promulgation of that act continue to be applied in accordance vith the transitional articles of thau acr. 86. The evidence received by the Group concerning the curr:ent practices in Chile in matters of arrest and detention d.emonstrates that the techniques described in the Group's last report to the connission continue to be enployed, while some arrests are made in homes, the majority take place on the street in a manner designed to avoid leaving any trace of the incident. Rarelv are arrest or search warrants displayed' and the d.etainee's famil-y is not inftrned of his location as the 1aw requires. Arrested persons, at least initially, are not detained in the lega1 pla.ces of d-etention snd they aJe held for longer than the 1av a11ol's wlthout being turned over to the competent judge or to the Ministry of the Interior. The evidence before the Group indicates that in chile arbitTary arrest and detention now form part of a new system of intinidation consisting, broadly, in (i) detention for a short period of time, a few hours or a few aays; (ii) questioning and torture; (iii) threats to the life of the detained person and his fanll]y; 2/ (iv) ctose post-"elease surveillance of the person ana nis fanily; (v) reairest in some cases, and (vi.) intinidation and hat'assuent of fomitv members (see al-so paras. Il8-11+1). l/ 87. Arrests and d.etentions in Chile since late lpJ5 appear to be focused. on persons vith trade union connexions or those having ties to the Christian Democratic Party, the sociali.st Party and the catholic church - in particular the Vicaria d.e 1a Solidaridad. The croup reported to the last session of the cornmission on Human Rights that for the last thTee months of 19?5 between 15 and 20 arrests vere reported in the Santiago area nonthly (E/CN.\/IZ?J-, para, 98). Although the increased use of the technique of short-teru detention, couDled vith threats of reprisals if the detention is revealed, rend.ers an exact count of arrests difficult, the information received by the Group indicates that such detentions continued to take place during the first six months of LSTT at an average rate of between 10 and 1) per month. Tvo recent series of arrests and detentions, certain aspects of which received. considerable press coverage, are ill-ustrative of the 2/ The Group has received testirnony and 'written statements relating to thl'eets mede to detainees and their fanilies about what would happen to them if the detainee described his detention in public, and for this reason the Group has kept confidential the sources of certain infornation. One witness testified that as he was leaving Chi1e, his plane vas stopped just before take-off and he was removed. He was taken to an office in the airport and to1d. that his l-ife and the l_ives of the members of hi.s fanily r,rould be in danger, even if they vere outside the country, if he descxibed publicly his treatment during detention in Chi1e. 3/ See the report on a visit to Chile during JuIy ]1977 by Maitre l,ouis Edmond Pettiti, avocat h, la Cour d'appel de Paris and Bdtonnier d6sign6 de ltOrdre des Avocats A, La Cour de paris, and Maitre Bernard Andreu, avocat d, la Cour d'appeL de Paris ( annex XV) /.., tecbniques that have been reported to the Group as having been used by Chilean authorities in several other i.nstances. Ttre first series revolves around the kidnapping of Carlos Alna].d.o Vel.oso Reid.enbach and the d.etention of persons subsequently accused of the kidnapping, and the second concerns ar"ests of members of the Socialist Party. (al fhe case of Carl,os Arnal-do Veloso Reidenbach 88. In a sworn statement presented to the Suplene Court of Chile (annex XVI), Carlos Arne.ldo Veloso Reid.enbach, a 16-year-ol-d student, describes his detention on 2 May I97T by two persons d.ressed. in civilian clothes who forced him i.nto a car' bl-indfolded him and took hin to an unknovn location where he was questioned concerning his fatherrs acti.vities and tortured. He 1,,as released a fev hours later. Hi.s aletention was reported in the press as a kidnapping. He states that he was able subsequently to identify one of his kid.nappers as a DfNA agent. Both Carlos VeLoso and his father report ( annex XVI) that following the boyrs rel'ease' DINA agents on several occasions bLindfol-ded them and took then to unknown locations for questioning. fhe son reports that under threats to himself and to his father's life he agreed to repeat a false story implicating Osvaldo Figueroa, Eduard.o de la Fuente and Bobinson Zuleta in his kidnapping. These individuals, along $ith four others, vere, on various occasions, reported by the press to be responsible for the kidnapping. 4/ 89. ftre Group has received information on the arrest and detention of the persons vho were accused of the kid.napping: (") Mr. Osvaldo Figueroa, vhose arrest was reported by the Chilean nevspaper El- l.{ercurio of 12 May J-977 as a kidnapping reported in a post-release interview that he was detained- on 9 May f977 by four "masked nen, blindfolded and driven to an unknown location, vbere he vas questioned., tortured. and forced. to adrit kidnapping Carlos Veloso. ft is also reported. that attempts were made both to force Mr. Figueroa to adeit having sexua-l1y assaulted. the young Veloso and to force the young nan to adr0it having been assaulted. Mr' Figueroa remained d.etained. at an unknom location for several days urrtil his transfer to Cuatro Ala.mos, and his vhereabouts were unknown for a l-ong period. 5/ l+/ E1 croni.sta, 2! ancl 25 May 1977 t L,a Segunda, 27 M€y 1977, nrcil1a' l- June I9??; Solidaridad, Nos. 19, 2Q,2! and 22; E] Cronista ' 25 May L977 t Qu6 Pasa, veek of 23 June 1977. certain of these press reports atteripted to connect the Vicaria de Ia Solidaritlad with the kidnapping and. the defence of the kidnappers. See also paras. 128-130. 5/ For further information see the reports of interviews with hiro after his rel-ea-se (annexes XV and XVII). It has also been reported that some time after his detention and in response to a nTit of amparo the Ministry of the fntelior inforned the c.urt of Appeals that Mr. tr'igueroa vas leing held in Cuatro Alamos by virtue of the state of siege, und.er d.ecree 23?8 of f3 May 1977. Although the employer of Mr. Figueroa certified that at the tine of the kidnapping of veloso, Mr. Iigueroa -lo- (bJ l'{r. Robinson William Zuleta Mora, another of the accused kidnappers, was reported to have been detained. for the fi?st tine on 9 May 197?, blindfolded and taken to an unknown location, vhere he lras tortured.. He succeed.ed in escaping and returnecl home, rn this connexion, it is reported that the court of A.ppeals refused a aequest for a visit to the place vhere he had been detained, 6/ rro days rater, he was taken away in an ambul-ance by three persons. A relative-vho had accompanied him rn'as ejected fron the ambul"ance some d.istance away. Thi. s second. detention vas reported in the press. Ll W. Zuleta, after having been nissing for sone time, appeared in Cuatro Al-amos. (c) Mr. Eduard.o de la Fuente sandovar (see annex )orr), Mr. Humberto Drouillas and Mr. Luis Mardones, who vere also inplicated in the kidnapping are reported to have been detained on the street, respectively on 10, 11 and 12 May" 19??, and taken to an unknovn location. fheir whereabouts remained unknown for some time and subsequently it ras reported that they were being beld in cuatro Alamos by virtue of the state of siege und.er decree of the Ministry of the fnterior. B/ (a) Iina11y, Jorge And.r6s troncoso, also i.rnplicated in the kidnapping, lras 'eritnesses reported by to have been d.etained on 11 May :'977 and, he is reported to be stil-l nissing. Mr' osvaldo Figueroa and Mr. Eduardo d.e la Fuente report having seen hin in d.etention (annex llVff). 9/ 99,. 1" relation to these detentions, the publication So1id.aridad., issue No. 19, stated: I\ior r.s there anlr evid.ence that these d.etentions were carried. out in accordance vith the procealures prescribed. by the Lav in forcet. I{owever:, it has been reported to the Group that the rrrilitary Judge (Fiscal Militar) charged with investigating this case has decid.ed to enii hii investigation. 10/ ( continued ) was at his place of {ork' the nevs media continued. to report that he was being held in connexion with the kidnapping. It is a]-so reported that on 28 May 19TZ it was announced that Mr. Figueroa, Mr. de Ia !'uente, Mr. Mardones, Mr. Drouillas and Mr. zuleta had. been placed at the dislosal- of the Fiscaria Militar en Tiempo d.e Guerra (war-tine military courts) chargea, inter a1ia, with kidnapping. On 23 June 1977, after the Velosos had made th;-r statenent to the Suprene Court, Mr. Iigueroa was rel-eased.. See Solid.aridad, Nos. 21 and. pZ, 6/ Solidarid"ad, No. 19. !/ Ercil1a, 1 June 19??. B/ Solidaridad, Nos. 19, ZO, 2r and ?2. 2/ rbid. 10/ Rad.io Chi]-ena broadcast, reported in Hoy, wo. \Ol+, 1)+ July l-977. -37 - (b) Detention of menbers of the Socialist Party of ChiLe 91. Several menbers of the chilean Socialist Party were reported aletained. earJ-y in MaJ 19?7 and one of them is stiU uissing. !Ir. Guilleruo Bel-lo Doren testifieti befor€ the Group that on I May 197T be was aletaineal on a street in the centre of Santiago by five individuals dresaed in civilian clothes, lrho blinalfoldetl hin and took hin to an unknor.rn location, vhere he vas tortu?eal and. questionetl on his political- activities (he reports having been connected v"itb the Socialist Party) and on his rel-ations vith the Vicaria de Ia Solitlaridad. IIe vas detaineal for I5 tlays drrring vhich he heard several other persons being questioned. and tortured' and before his release he was tofd that his life antt the lives of the nenbers of his family vould be in Jeopardy if he revealeat $hat ba.d happened. to hin (see annex XVIII), IL/ In testiuony before the Group, Juan Carlos Vill-ar EtriJo' a 23-year-oLat stud.ent, reported. being tletained on 13 l,tay 19?? by persons in civil-ian clothes identif}ing themselves as coroing from "Investigations " vho searcheal his house and questioned bin and his fasily concerning GonzeLo &riJo Gutierrez a memler of the Central Comittee of the Socialist Party. During bis cletention,' {hich lested IO atays, he was questioned anal il-1-treated, TtIe GIoup has received infornation that Israel vicente Garcfa Rarnirez, a zo-year-oLd active nenber of the Chilean Socialist Party, was detained, together v-ith his w'ife, on 30 April 1977 in San Fernanalo. 9/ ttr. Vi11ar Bri jo testified to hawing heartl Mr. Israel- Vicente Garcla being questioneal and tortured at the place where he l'as d.etained in Santiago, and a sworn stateuent has been received from another person who vas tletained with hin. Mr. Vicente Garcia is reported to be sti11 nissing. Finau.y the Group has received rel-iabl-e information that another nenber of the Social-i.st Party of ChiLe was d.etained on 2 May ]!977 ii the street by security agents, blindfolded and talren to an unknovn location, where he vs.s interrogated anal tortured; after threats had been made to his family, he r,tas released.. The Group hea"d testiloony fron two witnesses who vere detained vith hiro. 92. Ihe techniques alesc"ibed above are illustrated further in the atlditional reports of recent arrests and d.etentions and are to be found in annex XIX' ?. Detention of persons eccused. of crimes and the right to a fair triel. 93. As has been ind.icated above in relation to the iletention of those accused of the kidnapping of Carlos Veloso, Chileer authorities coutinue to cleprive indivi tlual s of their liberty by virtue of the state of siege o! the basis of decrees fron the Ministry of the Interior. In adttition, inctivitluals ale also aleprivea of thei" liberty antl tried, convictetl and senteaced by courts on the basis tV 8L Mercurio, 21 and 2L June 197?. 12l So]-id.ari.dad, No. 19. - JO- of allegations that they have committed politictrl cffence:, ruch as writing and distributing pamphlets l-3/ or belonging to certain associations. lV 91r. fnforrnation received by the Croup indicates that many of tne:e c3ses continue to be tri.ed. by military courts and even in some cases by war-time nilitary courts. 15/ the Croup has aLready noted in prior l epol ts t6/ tne signi-ricanL loss of bssic guarantees enlail-ed in the nornal rniliLary court procedure; and in relation to the war-tlme roilitary court procedure the Gloup found that rtboth in theory and especially in practice, the war-time military lrocedure fail"s to protect even the most elementary hrim€Jl rights of the accused" (E/CN.4/1188, para' 70). The Group has received a report that two persons previously aceused of the Veloso kidnapping (Mr. Zuleta and Mr. Drouilfas ) are to be tried. by a var-time nilitary court on yet unspecified charges. Tn view of the secrecy involved in this procedure, and bearing in nind r,rhat took place in relation to the Veloso kidnapping, the Group cannot avoid concluding that this is a deliberate a.ttenpt to d.eny the accused- a faj-r trial and to conceal the truth fTom the public. 17/ 95. The Group has received information concerning persons who have been accused of crimes and held in custody for a ].ong period of tine without being brought to triat. For example, the Group has been informed that Jos6 I'ernando Saavedra Romelo has been detained since 2l+ April 19?5 18/ and that Roberto Sapian R., detained on 11 September f973, is sti1l being hel"d-in the Valparaiso gao1, anaiting sentence. 19l !1/ ft is reported that at the be€inning of May, nlne peopte were detained by the carabineros rnterligence service (srcan;. some af theix homes'rere broken into, After being interrogated for two or three days, they were traasferred inconmunicado to prison, accused of having r^'ritten subve"sive pamphlets and cf having collaborated vi'th others in their d.istribution. Alr- were stilI under the jurisdiction of the fiscalia ndlitar (military court). fhose held inconmunicado are: Pedr. castro Aguirre (l+2.years ol-d), Luis Marin Vega (38), Jos6 pal-acios (28), Avelino Maturana Ctrdwe z (30), Rogelio pizarro pizarro (33J and Manuel Rolddn Martinez (29), fbe rnajority are workers or labourers of the Et-an det ftnFleo Minimo (ptrM). (Solidaridad, No. 2b.) 14/ It is also reported that six persons were detained in Antofagasta and Calana at the_end of 1976, accused of viofations of decree_1aw No, ?T on i egal- association. (Solidaridad, No. 20. ) - D/ tt was reported. that those accused. of kidnapping Carlos Ve1oso ,r.ould be tried by a war-time ni.litary court. In addition, the Group has fearnt that t3 persons detained ln Valparaiso _ during the nonth of Jr:rre f9?T wifl also be tried by a war-time military court (Case 4-81+3 of the Navaf Court of Valparaiso). 4/ t/tOZAS, paras. !l-!)+ and 111+; E/CN.L/uBB, paras. 67_70. 17/ Solidaridad, No. 23. g/ Repart of a mission to chile under the auspices of the worrd council of Churches. 19l Solidaridad, No. p2. /... -39- rfi16 .i OA J'^ r'r ^,,.i - - ,rl,wlmati.on- 4^-. has been received by the Group ind-icating the number of persons indicted a,nd awaiting trial- for political offences (which include distribution of panphlets and i11egal association) in Chile as at 15 June 19?T: In the course of prosecution 2Ol Detained 82 lrovisional release 82 ,gU to, I^'hom 95 in the provinces) This compares with 61 persons in prison awaiting trial reported in the Groupts report to the Conrdssion; hovever, in that report 263 indicted persons were reported to have been provi sionally released (E/CN.l+/1221, para. 122). 97. In relation to persons convicted for political offences, the Group has received. the folloving statistics concerning the mirber of convicted- persons actually deprived of their liberly or released as at 16 $:ne 1977. 2I/ nahPi lrad I i }1aF+1' . ^f fmprisoned 189 Coropulsory transfer of residence by sentence ?0 Released; Release on parcle ?0 Suspension of scntence 98 Total- convicted persons )+Z? (of 360 in the provinces) "'hon In this connexion the Grou! was also i"fo"r.a that at least 1,000 persons had been subjected to compulsory transfer of residence by administrative ord.er under the stare of siege or by transfer in the course of prosecution. 22/ fn its report to the Conrnission cn Human Rights the Group indicated that at 10 Decenber 1976, 20/ Report of a mission to Chile under the auspices of the World Council of Churches. 2V Report of a mission to Chile under the auspices of tbe Wortd Cor.nci} of Chulches. 22/ rbid-. !54.persons were inprisoned after conviction for political offenc€s (E/cN '\ /f?21 ' para. 122) i there has thus been a drop of more tban half in the number of those inprisonea. This nay be attributed in part to the operation of decree No' !01+ (see paras. ]?3-f7!). 98, At the tine of the reLease of Jorge Montes, it uas repo"ted that in Santiago i16 political prisoners vere being hell: ? in the Reforrnatory (vomen's gaol); l+! in the Penitentiary; )+5 in ttre Public Gaol; l+ in the San Bernantlo Gaol; 1 in the Suin Gao!-; 15 in the capuchinos Gaol annex (8 in transit for leav.ing the country J and I in the Psyshir.tric Hospital. 23/ 99. Ttre folloving list of convicted political prisoners sentenced' to lon6 tern imprisonment who were still being beld in prison in chile during the first quarter of L977 has been brou8ht to the attention of the Group: ERICK SCHNACKE Senator, l+T years ol-d' detained in the Capuchinos Gaol annex, lr4 yea.rs oltl CARLOS I,AZO Vice-chai:man, Official State Joumal , ' tletained antl serving sentence in the Capuchinos Gaol annex' BNESTO GATAZ MaJor in the Chilean Armed. !'orces lr8 years o1tl, detained a.nd. serving sentence in the Capuchinos' Gaof annex. RAUL VBGAAA Captain in the Chi].ea.n Armed I'orces, 32 year o1d, detained and serving sentence in the Santiago Penitentiary. JUAN CAIDENA Seanan, Valparaiso Prison, sentenced- to 1"3 years. MNAN PACHECO Valparaiso Prison, sentenced to 11 years. PEDRO BLASSET lance-corpora], ) ruAN ROLDAIII Lence-corporal. ) PEDRO LAGOS Corporal. ) JAIMN SALAZAR Seam€"n lst cLass. ) Valparaisc' Prison, sentenceal to 8 years' ALBmfo SALAAAR Lance-corporal. ) SffiVIO I'UENTES Seaman l-st class. ) IRNESTo ZUNIGA Sealnan lst class. ) l-OO. The Group has receiveil testinony concerning the conditions und'er L'trich political prisoners are he1d. in Chi].l, which ineludes reports of atteupts to nix political prisoners 'ltith comon crininal-s ancl to d.eprive them of contact vith outside auihorities engaged. in assisting political prisoners. It vas reported that attenpts by DTNA agents io question political- prisoners in the Public Gaol lrovoked dlrnonstraii.ons of protest by the prisoners. It was al-so reportea to the 23/ Solidaridad, No. 21, p. 6. Group that, in neny cases, the faroilies of political prisoners encounte? severe econonic and social- obstacl-es in trying to nake a living antt that often they are repeatedly visited by agents of the security services. Ulon release the forrer politica]- prisoner finds it almost impossibl_e to fi.nd vork anal for this reason, af,ong others, nany hs.ve been forced to l-eave the country. Annex )O( contains a statement received by the Gfoup fron en ex-detainee who ?ecently left Chile; that statement reflects information received fros other sources. B. Disatrpearance of detained. persons 101. Information concerning the disappearance of detained persons in Chile has been reflected in each of the reports of the Ad Hoc Working Group to the General Assembly and to the Commission on Human Rights. Tn its report to the Comtission at its thirty-third session the croup stated, after considering the information before it, in particular evidence from released detainees who reported having been detained vith nissing persons, that it could not escape the concfusion "that a systen ha.s been established in Chile wheleby individuals bel-ieved to oppose the present r-egimeo ineluding persons active in the labour novement, are arested by Chilean authorities and detained in various unknovn locations while the responsible authorities deny their arrest or detention and that, after having been interrogated. under torture, mo6t of these individuals are nevex seen alive againr' (E/1N.\/)-22I, para. 18\). 2l+/ Thus, in viev of the nu.nerous cases of detained persons who had nevel been seen again and the d.iscovery of mutilated. bodies, and the fact that no serious investigation of nissing persons had taken pface, the Group cal-J.ed upon the Government of Chile to make a fu]-l investigation of those occurrences and make the resu.Its public (E/CN.l+ /I22I, para. f85). The Connission on Huran Rights, in its resolution 9 (XXXIII), adopted after the Grouprs report was considered., ca11ed. upon the Chilean authorities to put an end to the inadmissible practice of secret arrests and subsequent disappearance of persons. 102. The Croup has described above the infornation it has received concerning the detention and disappearance of persons in Chile in f977 (paras. fi-92). fn nost of these eases, the detained individ.ual has reappeared after a certain period, r^rhich varied in each case, but both Jorge Troncoso Aguirre and Israel Vicente Garcl.a Ramirez reme.in missing (paras. Bg, gl). In addition, the report of a recent mission to Chile effectuated under the auspices of the Worfd Council of Churches contained the names of tffo other nissing persons: 24/ In relation to the observations of the Government of Chile on the Grouprs report to the Ceneral Assenbly at its thirty-first session, the Group, in its report to the Connxission, noted instances in which the Government did not deaf vith the facts indicating violations of hunan rigJrts presented in the report ard other instances in which such facts vere confirmed in nuch of their substance by the Government, In relation to sti.ll other cases, the Group reported it had received- new testimony from persons direct.ty concerned confirming the information contained in itc l"cr.r+ i..1 1-he f:cnc7, l Acecnlr] rr ot it< rhirtl.-fircf cc< I'lx. Fuyt er hrrique Correa Arce, a 62-year-o1d. former labouT leader \rho leportedly disappeared on 27 l4ay 1977, and, Mr. Hern6n Soto Galvez, a 55-year-old former Conmuni st Paaty leader 1,/ho reported-ly disappeared on 7 June 19?7. In the months of l{ay and June 1977 the number of detentions and rnissing persons reported to the Group increased, l-03. Prior reports of the Group contained information on the numerous detainees who subsequently disappeared in Chile and the efforts Irithin Chile to deterrnine their vhereabouts and obtain their freedom. As indicated by the Group in its report to the Corunission on Human Fights and as reported elsewhere" U/ l.he number of detainees r4issing since September 1973 has been estinated at betveen 1,000 and 21000. A report of a recent mission to Chile 26/ indicates that one reliable source has a total of fl+t conplete files relatTi! to the following disappearances ( see a.Iso paras. l-2lr--l-27): Disappeared in ?l7 nar can c I a7? 9?fl -arc^nc I a")r 77 ha'-^ne 'r o7q 'I 77 rer can < In the folloving paragraphs, the Group reports on the infomation re.lative to these cases r,'hich it has received. since its last relort. (a) Detention of !arlos Iiulab ert o Sg$ISISEJq]qjs,2il lOl+. Carlos Ilunb erto Contreras }{afu; e, a pharmacist born in 1p)+8, was a city counci]roan of the Comuni sl Party for the ciLy of Concepci6n (see afso E/Clr.\/722I, para. 102 (a)). According to a declaration by Carabineros Captain Clemente N. Burgos (annex XXI), Carlos Contreras Maluje r,ras detained on 3 l{ovember 1976 by individuals vho identified themselves as DIITA agents and who were driving a Tiat I?J, licence pfate Xc 388. 28/ Although the Government 25l Le Monde, 7-B lugust 1977, 2bl Report of a mission to Chile under the auspices of the World Council of Churches, '2U Tor press reports of Lhis case"ri." see :--:j:-:-::':--::'EI l'fe-^"-r^ I2 'r'r 1? Fah'rrary 1977' 13 an-d rl+ apri: rgTz; s"iia.rri.il r.. ?!_/ l,is testinony is corroborated by testinony in the files of the Group given by Ca.ptain Burgos before the Court of Appeals and by sr,rorn statements in the of Group fxom bus; files the -oj-Lfa thc folloving lersons: Luis Rojas Reyes, driver of the Jaime 0swaldo Ubilla, Carabineros Captain; Manuel Fernej,tdo Villeneuva Rios, Carabineros Second l,ieutenant (Subteniente); Claudio Jimenez Cavieres, witness; and iobinson Ascencio Medina Ga1az, Carabineros l.{aj or. /.,. -44- of chife has d.enied the detention (E/ CN.\/l.21+7 /Add.l, p. 6?), tne court of Appeals found. that the facts permitted the fundament a1 inference that DINA agents detained. 1.'1r. Contreras Mafuje, and the Court ordered his release. 29/ The Minister of the fnterior responded that he was unable to comply because Mr. Contreras Malule vas not being detained. It vas reported to have been determined subsequently that the automobile used in the detention of I{r. Contreras vas registered to the Chil-ean Air Force and was being used by General Ruiz Bunger. General Fuiz Bunger, in a fetter dated 28 J\ne 1977, inforroed the Court of Appeals that he had used that autonobile at 8,30 a.m. on 3 I'trovember 1973 io travel to the Ministry of Defence, that it was left parked in front of the l{inistry and that at 1430 hours he used it again to travel to his office in the Directorate of Intelligence of the Chi-lea-rl Air Force. 30/ ?2/ Excerpt from the judgenent of 31 January I97T ot the Court of Appeals of Sant iago : t'Whereas the recoad of these proceedings, ar}d the record.s in case No. 103.372 of the Second Higher Crininal Coult of this city and in case No. 261+1-76 of rhe Second l'li.litary Cor:rt, vhich the Court has had before it, rtarrant the inference that on 3 November 1ast, officials of the National fnteffigence DirectoraLe proceeded to detain Carlos Humberto Contreras l\faluje, the subiect of the gMg; ttWheteas, mindful of the fact that the d.etention referred to has been denied by the said organism, the Court nust likewise accept that it was carried out without adequate crd-ers from any authority, which is corroborated, noreover, by the various reports nade during the hearing of case No. 26)11-76 on the register of the Second I'aililary Court of Santiago; "l,ihereas the situation established by the foregoing facts implies a c.lear ard manifest viofation of the personal liberty recognized in the aforernent ioned Constitrtionaf Act No. I, a liberty vhich al 1 persons' instilutions or grotrps jncluded thereunder nust respect in confornity vith the provisions of article 7 of that basic }aw, and of uhich this Court is ca1Ied upon to be guardian urder the provisions of article 3 of the aforementioned Constitutional Act No. 5; rrBy virtue of these facts and in conformity al,so with the provisions of article 306 oj- the Ccde ol Crininal Procedure' the recurso de anparo presenbed as the rnain cause on page 3 of the petition on behalf of ca"los Humb erto Contreras llaluje has to be allowed andr as a consequence' the Court declares that in order to re-establish the rule of lalr artd assure +ha dr,F h?^+a^ti^h +hF e,,}lip.+ fhF onl ^C ^l- ' Cs,rlos Humberto Contreras I'{aIuJ e, the I'tinister--JAIo of the fnterior nust arrange for him ta be freed irnmediately,rl 30/ It is also reported that this letter stated that an effor of identification could have been made, due either to a mistake by the vitnesses ol: to the use of false nunber plates by a group that vished to attribute the acts to the security services (Solidaridag, No. 22). /... -4?- 105. Iir ' contrexas I'{aluj e is stil1 reported missrng and the Grour has not learnt of an' a-tti:7Trl;ir ir lro fiuhst3ntiate the information in the letter of 2g J-rn e nor oi. any arr€-ngement s to haqe the r,ritnesses to the a]:rest identify those security agenls rrho had access to the a.utomobite betveen 8.30 a.m. snd 2.30 p.m. cri 3 Noverser 1!?6. (b) Detention of Victor Diaz 106' rn relation to the detention of victor l,{anuer Diaz Lopez, }eputy secaetary- ceneral of the Conmunist party of Chile, 31/ the Group in its repl:rt tc the commission on Human Rights reproduced a sio-rn statement by an detention eyewitness to the of Victor Diaz in ,^rhich it was reported. he rras using the name Jos6 santos carrido Retamal. 32/ The Goverirnent of chile informed the Group of the existence of an arrest varrant for Mr. Victor Diaz, Jl/ ala according to a newspaper reFort, 3\/ lhe Minister of the lnterior stated to the supleme court 'rthat there vas no-evidence that victor Diaz h"d-;";;-;;;. Garrido Retamal .and "i had bcen ilTresteil on 12 May 19T6 releascd"a;"t"i"lr."i the next day. A statement by l{rs. victor D{az giving information on contects vith her husband after his anest is reproduced in annex XXII. (c) Detention af Guillerno Roberto Beausire Alonso 107. In relation to the detention and disappearance in llovember 192)+ of Guil-.lerno Roberto Beausire Alonso, the Governnent of the United Kingdom, by a letter dated 1 February 1977 (ar:nex XXIII) brought to the attention of the Group a memorardu& srmmarizing evidence in the possession of the Governrnent of the United Kingdom to the effect that, after leaving Chile in Novenber llJl+o l'{r. william Beausire vas returned to that country. from Argentina and held secretly in detention Itcarefully at least untit July l9T5 (annex XXIV). The ietter stated the considered viewrt of the Sritish authorities that rrrnhen taken as a .whol-e, the statement s made to them by witnesses constituie-0,J.'i"i"r." n rlerqrrcqirre }.nrtv af evidence which can leave rittle doubt that william e""r"ii" i' rr" &i ro. several i* months after November 197l+rt. This letter also stated that the memorandum had been subnitted to the Chilean Foreign Minister but that the chilean Government r s l:/ was unhelpful in attitude and :ep1y 'nsatisfactory in content and that they 'rwere obliged to conclude that no xear attenpt had been made by the chilean authorities to ]-ocate l{irfian Beausire or investigate the facts of his di qqnrearonaalr n- t z r,r ;:";f;5"ffilffi ,".fl,l'oT?{":n]l :::"i:':#::1":.i$:;:.iH";:1,.i: :lil::="i;:*' gravity of the British Government I s concern to the Group. Subsequently, coFtes of the statements referred to in the nemoradnum were transmitted to the Group; they are in the Group's fi1es. 3fl See A/3I/253, paras. 259-26!. lal See E/CN.)+/].22I, paaa. tZ1 and annex )C/. 3y A/c.3/3r/6, sect. D.[ (b), and E/cN.\/12\7 /Add.r, chap. v, T.6. 3l+/ E1 l,lercurio, 1 July l9T?. ll/ An English translation of this reply was transmitted by the Government of the United Kingdom to the croup and is reproduced in annex XXV. /... -\6- (d) Detention of Caxlos Lorca liiB. In relation to the d-etention and disappearance of oarlos Lorca, 14r. n3.ns ey C1arh, forner Attorney-Gene?a1 of the United. Statesn r,rho has assisted l1r. Lorcars father in his a.ttercpts to fincl his son, appeared, before the Group to transrnit the folJ-olring infornation: Carlos Lorca, Jr. a grad.uate of the School of r,rediciner tlniversity of Chile, was seized on 25 June 1975' together trith l{rs. Carolina lliff , at or near 120 }-,rauIe Street in Santiago, Chile. on 18 Jul-y 1975 a petition fcr a r"rrit of habeas corpus was filed in the Supreme Court of Chile and six affadavits vere attached. describing his seizure by DINA afients, on 17 July 1975 an Ttalian lavyer e Guido Calvi, telephoneC, and taped a conwersation r,rith a Colonel Estinoza in the office of the l'linister of Defence during r,rhich Colonel Espinoza stated that he could not suppl-y infornation because Lorca was und.er arrest and would be tried in court. Sj.nce l1r. lorca's disappearance, severa,l persons have given affidavits stating they have seen him in several detention places in Chile, including Cuatro Alanos and Villa Grirnaldi, 36/ and recently contacts have talen Dla.ce betveen the father of CaJ].os lorca and a person representing himself to be an office" in the DINA. ltho net with I4r' Lorca specifically to arrange the release of his son. {.I itlrer rissinp' nersons toa. ,* a.t--**Ies of the kind of infornation concerning the detention of rlssing persons recently received by the Group. In rel-ation to the detention of 'rrtin lil quela Pjnto (A/31/253, laras. 237-?34), the Group has receivecl a copy of a sr'rorn statement b-y r{aria Cristina Olivares Castro in l.'hich she states that she was ctetained to{ether r'rith r,lartin Elgueta Pinto, Juan Chacon Olivares and llaria Tn6s Alvarado Borgel at the DTNA detention centre at Ca11e Londres 38. The Croup has e.1so received a statenent by the nother of missing person lle\..rton lrorales Saavedra 37 describing his arrest and his detention in Cuatro Alamos (annex XXVf ) and she e"1so states that, as at I February I9T'1 , a court order requiring that the Chief of Cuatro Alarnos aDpear befo?e a court had not been res_oected. nhe Group also received. eyewitness reDorts of the arrest of Rosa llllena r'lorales I'Iora]-es 38/ (annex fXVIf ) and rfaria Angelica Anclreoli Bravo 39/ (annex IXVTTT), both of r''hon rernain rnissing. 391 ','t. Clark reported that the fnter-Anerican Cornmission on llman Rights of the Organization of American States notified the Government of Chile in "lovenber 1q76 t\at1 frorn evid.ence available to it" it believed. trorca lras a irisoner in Chi1e. 3Tl See A/ro28,, annex XVrIr ].ist A, ITo. 100. 3Bl See E/C$,\/I??I-" annex VffI, p. 3. see A/I]2B5 XVII, t\To. 6. 39/ " arnex list A, -ll T- l-1"0' The.Group in its report to the cor,mission cn Human Rights session (E/cN.\/f22r, at its thirty-third para. 138) gave information concerning nissing persons vho had been seen in detention by persons released from the various in chile during detention centres the last ouarter of 1976. Vltrile preparing the present report, the Group. heard testinony from nunerous witnesses vtro teitiriea in Chile together to iavin8 be€n detained with persons reported to be sti1l rnissing; the 1:lsi of these urissing persons is reproduced in annex XXfX. (See paras. Infornation also lz]+_fz7). concerning this testinony was transrnitted to the Government Chile and Governnent r of the s response is reproduced in annex XXX. (-) 1l-1' .ne of the difficurties encountered in trying rocate exenplified to missing persons is by the cases in vhich the chilean iuthorities deny, usua.rfy in response to a writ of anparo. that they are hold.ing a certain person _-only subsequently.--Ftances to adnlt it have been given in prior reports of the Group, 4Ol and the folloving information has been received iecentty. 1l-2' rn relation to the death of Gustavo H,mb erto castro Hurtado, the Group has teceived a signed statenent by his widow (annex xxxr) ,rri"rr- a"""rlt". i., husbandrs detention, the reJection of arlparo based on the Ministry of the rnteriorrs denial of detention a:rd the sub s equent-Ti6rmat ion that her husband had suicide whil-e con,raitted in custody. Another signed statement (see u""""-fffirj*ias oeen received by the Group in which I,Ir. Genaro Bernardo Appelgren Donoso describes his detention, the death of two fellov detainees, the rejection of vrits a4rparq based on of the Ministry of the Tnterior's denial of detention, and his rer-ease from Puchuncavi. (h) Cases of adnission of detention and s denial Chifean authorities The 113' Group has also reported cases of missing Fersons in whi ch the chifean authorities in the first instance adnitted det ention, only to deny )+1/ Nunerous it later. such cases have been p"esented to the Suprerne Court of Chil_e; ,;;'"#" amons.the cases 383 presented in Ausust 1976 (E/ci)+ jieir,-p"r.".--iirr.]rgll. Tn relation to the following.three missing.persons, the. Grcup has received copies of officiaf documents adnitting aetention (in.ru* xixrtt), B;r;;;.-;;i;;-iurnr".v "na 40/ Case of Claudio,Eugenio Blanco (A/3I/ Z53n -casepara. ZZ\) and observations of the covernment of Chife (A/C.3/3f/6, chap. IV.c.B); of M;;"i c;;;;.r. \A/| ' t^- 5L/ta3) ,^,'^ para. 22r) (A/c'3/3r/6, and observations of the covernment of Chile chap. rv.c.B and F/cN,L/r2?i, ;;';: rB3)i detention or eisht persons (1,/,1/ aSs, paras. 2l+1-21+?) and otservatlons i:.Idg?lli"q(A/C.3/31/6/Add.1, of the Governnent- of Chile annex 20, and E/cN.\/1221, paras. 1dg_f_69i. - r+V Case of Martin Elgueta pinto (A/3I/p53, para. 237). -[8- Edr'.in Van Yurick Altamirano (A/10285, annex XVII) and Bautista van Schouwen ( E/cN . 4/uBB, para . 104 ) . C. Official investigations of cases of nissing perscns 114. In its most recent reports to the General- Assembly and the Coumissicn on lluman Fights 4al the Group d.ea1t r^rith official investigatlons into the large-scale disawear-ances of detained persons in Chi1e. Soth reports contained inforrnation, in partieular, on the rejection by the Suprene Court of Chile of petitions for investigation of cases of nissing persons, incJ-uding information showing that the reasons given for such r-eJections, vhen verified, did not correspond to the facts. a3l The Group, in its report to the Corunission, a-fter havins revier"ed the information it had received concerning investigations into cases of missin€l persons, concluded. that no serious investigations had taken place and called on Chilean authorities to undertake full lnvestigations a'Ird nake the results public (E/CN.1+/ 722I, para. 185). 115, The situation of the famifies of missing persons was described in a report subrnitted to the croup by l,laitre Louis Edmond Pettiti a:rd \{attre Bernard Andreu in the following terrns: trThe families which include a 'desaparec.llu' are in a part icularly tragic situation: to the shock of the arest of their relative rrho is now being detained in some secret place, is ad.ded mental anguish, living expenses which have often become more difficul-t to meet, and the hostility of the authorities ,., " !! The effect on the health of children of a nissing parent is described. in paragraph 272 of tlre present report, !4 A/3r/253, paras. 2)+8-252 and 288, and E/1N.\/I221, paras. 172-]_85. l+3/ Annex XXX contains information from the Governnent on the reasons for the rejection of the petition concerning 383 nissing persons. Hovever' these reasons have already been dea-lt with by the Group in its report to the Cornmission on Hrnnan Rights ( E/cN. )+ /I22r.- paras. 181-182). hhl Thi" ?pn^}.+r eyv! e ev4w4!r.^n+ihrrad in +hF f.l l^ ind +armc. t'Aftcr exolo.iro ewcn,rF ^r\an ln tlr-r under Chi-Lean -[aw to ascertain the fate of their refatives,".r""" these faroilies receive from the governmental authorities replj-es vhich are inadmissibfe from the point of vielr botlr of reascn and of the most elementary humanity: no evidence of detentionr gone abroad vol-untarily or recently ... all of r"hich allegations are contradicted and d.enied by the testimony of many vitnesses, paJticularly detainees vho have been released. The official replies which deny the existence of secret detention are hardly convincing, even to those vho gave them to us.rr l,^ 1. Petition concerning 5Of missing persons IJ-o. Un b t/arch 1977 a petition vas presented to the Supreme Court of Chile on behal-f of !01 raissing detainees by members of their families, together with 2,100 other persons, including four bishops, many deacons, priests, members of the cl-er€jy and of the Christian conm,nities, professionals, employees, uorkers and representatives of numerous labour unions and social associations. 9/ Mat ing use of their constitutional ri-ht. of na+.ii.i^n l-he sisnetories of i.hp r,--tition asked the supreme c.*t ;;-';;il;-;r:-;;;.;',i,.,i'"r,"i"'i]';l,rl","in. iuuie or the resutts of the investigations which ilere ordered so as to throw light on the whereabouts and fate of the persons who had been reported as missingtt and asked the Supreme Court to let the Government have the evidence in its r:ossession regarding these d.isappearances. )+5/ 117. The netjtioners explained, aecording to the publication Solidaridad, that: "the problem is very r,re1i knovn to the Sunrem-^ Count; there are over\^rhehring testinonies and r,/e11-founded presumptions for concluding that these Dersons have disappeared since being arrested by renbers of DIllA. tln a high percentage of cases, the detentions fo11ou the sane procedure and show sinilarities pointing to the existence of a systematic and permanent system of repression, possessing a high degree of efficiency and co-ordinationt. They connent on the failure of the judicial steps that have been taken and on the fact that nothing has enabled the whereabouts of the nissing persons to be discovered. They wonder vhat the reason for this is and say that rthe investigations rnade at the sum:lary stage by the examining nagistrates lead nowhere: judicial suumonses requiring the officials of DINA to testify regarding their alleged participation in the acts in question are either ignoled or f1atly rejectedr and conclude that rthe truth is that these actions show that the attributions of the most honourable Supreme Cowt have been bypassed. The drana of the nissin€! persons is contributing to a serious deterioration in the public image of the Judiciaryr.tt \/ Horrever, this petition r,ras finally rejected by the supreme court on the gror.rnds that the Court lacked the competence to make the request asked for in the pet it ion . 2. Investigations into disanpearanl1s g-qcul13nAL11 Novenbgr and Deg_lmber i9% 118. The detention and disaFpearance of 13 persons in llol/ember and December l-976 4y Fo]" a list of some of the signers of the petition, see Solidaridad, Irlo. 15, !6/ Solideriderl Nn Iq ^ ? Ibid. trere noted in the Grouprs report to the Connission on Human Rights at its thirty-third session, l+8/ Att.t various writs of amparo and criminal complaints for kidnapping had borne no fruit, the fanilies of-ilE-tni s=ing persons asked the Supreme Courb to order a- special investigation (by a ninistro en llisita). The request was grarted for 8 of the i3 persons concerned, and Judge AJ do Guastavino vas appointed to carry out the investigation. He began his investigation on Wednesday, 2 Jam:ary 1977 and, closed it as exhausted on l.{onday, 7 January 19?7, al"t er he had received certificates" statins that Tecords existed to the effect that the eight persons had lefb Chi1e. 1,L9. The families of the eight, judging that no real investigation had. taken place ard that Judge Guastavinots activities vere notarial rather than investigative in nature, asked that the investigation be reopened. They requested, in particular, a flr1l investigation into the following points: (a) tfre circu$stances of the arrest of the rni.ssing persons, which vould include taking the testimony of vitnesses; (l) ttre whereabouts of the missing persons betrreen thei" arrest and supposed. exj.t from Chile; (c) the circr:mstances surrounding their leaving the country, including vhether complj.ed bando No. 85 49/ and whether the rrControl they vith of Dnt ry or Exitrr form had been filteE-iiT as requi-red by Lav. 50/ 120. The Suprene Court ordered the investigation reopened on f March 1977 and some time l-at er expand.ed it to include the disappearance of Fernando Ortiz Letelier and Wa.]-do Ulises Pizarro Molina. 5U No further information has been received on the progress of the investigationl- 3. Request for inve st ion of cases of miss the sit-in at the headouaitersers of the Econornic ComnrsslonComolsslon for Latin Ameri ca 121. On 1l+ Jrme t9??, in the headquarters building of the United Nations Eccnomic Conmission for Latin America in Santiago, a sit-in and hunger strike, subsequently videly reported in the world press, was initiated by 26 individuals, mostly vomen, vho were reletives of nissing persons. They addTessed a message to the Secretary-General of the United Nations (annex IrXXV ) which stated, in part: "(l) We denand that all the cases of missing persons should be cleared up once ard for all ... The reliable lists are those which appear in the lU n/Cll ,\/t221, para. 103. Annex XXXIV contains information concerning the tlisappearance of these individuafs as ve1l as infornation supplied by the Government s of Chile and of Argentina. lr9/ Bando No. 85 of 25 February ]975 of the Jefatura de la zona en Estado de Energencia de 1a Provincia de Santiago, This order provides in part that persons l-eavin€ ChiLe nust fu.rnish the l.{inistry of the Interior with certain infornation in writing )+8 hours before leaving the country. 50/ Et Mercurio, 20-25 February 1977. 5V El Mel'curio, 23 March 197?. responsible submissions nsde by us or by the Church to the Courts, r^rith the assistance of thousand.s of world figures, men of culture, 1ar,yers, 'lFadora a+^ trade_'nion r'(z) we demand the estabrishnent of a conmission of investigation consisting of eninent persons of irreproachabl-e moral character fron Chile and other co,ntries .'. rf the chir-ean authorities recognize the position and conpetence of an organization such as the united Nations, there is no reaaon why a coromission with united Nations backing and. r4'ith the status which it wil1 derive from the eninent persons appointed to it cannof carry out an anarysis of the evid.ence in this case ... rr(3) tastty, ve denand absolute respect of aJ-l individ.uar. €luarant ees for ourselves , " 122. 0n 23 June 1977 the United Ns.tions Office of public fnfornation issued statement which read, in part: a "T,ast night the Secretary-GeneraL received from the Acting permanent Representative of chire the reply of the chilean Government proposals to several which the secret ary-Generaf had. made in order to sofve the problen of the sit-in of 25 chilea-ns in the ECLA offices in santiago. The covernhent of chile is prepared to give information on the whereabouts of relatives of the Group of 26. The Governnent has also decl,ared that it will not apply sanctions against the members of the group. The hun€er strikers rrere inforned of this statement and as a result they decided. to end their hunger strike and addTessed a messa€le of thanks secret (annex to the ary-General xxxvr). on 23 June ]9?7, they left the ECLA headquarte?s in santiego. Annex xxxvrr contains information on the r'issing persons on whose beharf the sit-in was held. 123' The Group has received. a report from a mission to chile under the auspices of the world council of churches concerning events that have taken place since the end of the sit-in strlke. The relevant parts of this report read. as forrorrs: Itft is a knovn fact that, on Z July, the DINA began to visit tbe vomen who had taken part in the hunger strike. fhey made seven visits between T and 9 July. r personal-ly questioned the rn'omen who had ta.ken pa"t in the strike and had been visited by the DINA. The latter \^rant ed. to know hov the strike had been orga"nized., vho the leaders had been and vhether the church had been inplicated. The replies had been recorded, a'd attenpts had been made to force the participants to sign statements. rn some of the cases, four officials in pl-ain clothes arrived in a vhite Austin, ficence plate NN 663, providencia. rn one instance the interrogator was a captain Gonez. The pressure a-lso took the form of threats to a 16-year-o1d youth and. constant surveillance of certain vomen. One of them was told after an inl,ervier lasting tvo and a half hours: rYou wi].l pay dearly for not collaborating with ust"' 52/ following telegram dated 15 August 1977 from the The Grou! also received the of Presid.eut of the wo"ld Peace Council and' transnitted it to the Government Chile vittr a request for con:nents: ttSix vomen rel-atives tlisappeared prisoners vere arrested Friday front Supreme Court in Santiago ,' Crrile , demanding cl-arification situation reiatives. Violations Juntars connitnent to United ltrations after hrmger ,ltn.. Behalf nillions peace freedom fighters all world we call far urgentmeasurestoprolectthe.sewonentocompelJrmtafulfilnentobligations."t"it Beipectfully yours, Ronesh Chandra, President IIPCtt ' g annex XV. In relation to the fll tot another report on this subiect see those having taken part in the sit-in strike the GrouP has in its fil-es visitl-to the matter made bY copies of statements of the persons visited and of a report on then to the Supreme Coult. verbale 51/ rlhe Gove.rnment's cornment s on this matter o contained in a note dated.az6;;;;'i;ii-i;"; ;;;' xxxvrrr)' were received on the rinal dav or the Grouprs August series of rneetings in Genewa' -53- D. Lists of nissin€! persons and government replies 124. During Decenber 19?5, the President of the rnternational comittee of the Real cross transnitted to the Government of chile tno lists of misslng persons, totalling 893 individuafs, whose cases had been referred to the Chilean authorities by the Red Cross. These two 1ists, along rrith the information relating to some of the nanes on the lists transndtted by the chilean authorities to the Red cross, were transmitted by the Government of chil,e, with the consent of the Red closs, to the Group. 5V In relation to these two lists, the Minister for Foreign Affairs of Chif6 on ttlree occasions (22 tebruary 19?7, fO ley 197? and 10 Jr:ne 19??) sent conmunications to the presidlnt of tbe rnternational- committee of the Red Cross concerning some of the nanes on the Fed Cross lists. One of these co@unications described the substantiaf obstacles in the way of achieving rapid. and full,y satisfactory resu-Lts in the matter, 5j/ ry\e Government r s c ornmuni. cat ion s to the Bed Cross contained infornatioi-on 63 of the 993 alleged l+6 nissing persons; trad been visited in their hones and found to be leading a normal- life; .Ll were, accord.ing to statenents by fauri 1y menbers, outside chile; 5 had left the country afld one was recorded as dead. by the rnstitute of tr'orensic Med.icine. fn addition, the Governnent requested from the Red Cxoss further ,V Th. Group in prior reports referred. to the l-ist of 383 missing persons of August L976 presentecl to the supreme court and in this report it hai referred to tbe l-ist of 50.I missing persons of March l9?7, al_so presented to the Suprerne court. fhe cxou! knows of no direct officiat response to these tvo lists deaJing with nanes inc]-uded in the lists. 55/ The parts of this letter, dated 22 Feb"uary l9?7" relevant to the matter read as follows: "(a) ft has been established, from reports of irregulari.ties iir the electoral registers, that, r:nder the p"evious Government, ma.ny persons possessed tffo or more identities, based on forged id.entity cards bearing the names of non-existent persons. To give an exampl-e, Mi guel Enriquez, the leader of the Movirriento de Izquierd.a Revofucionaria" had a total of 13 different identities in his possession when he vas killed in a cl-ash between terrorists and police anrl security forces. rr(b) Ttrere are a.lso a large nruber of persons who have gone underground., either leaving Chile or renaining in the cormtry and joining in the efforts to ove].throw the Government of Chile by violent means. In nany cases, such persons obviously use false identities, as a necessary mea.rrs of carrying out their subversive actirrities. "(c) There is also the fact that, since long before the advent of the present Governroent, the legislation in force in Chi1e had traditionally been very liberal and und.enarding, as far as checking changes of d.onlici1e, residence, t.rr place of work, ale concerned. This considerable freedom -)+- particu-Iars concernin€! 65 narnes, stating that the files of the Centraf Bu? eau of Identification showed more than one person with the narte in question' 125. In rel-ation to the infornation furnished by the Government of Chile to the Governngtl,:| Red Cross, the Group notes that' concerning the 63 persons the !:i1' reported as heling been located, one person vas in fact not reported mlsslng ln either of the two Red cross fisis nor ly the Vicaria d'e la Solida"idad in its two presentations to the Supreme Court ot chl:,e ' 56/ The Government also reported person had been recorded as de-ad by the Institute of Forensic that another misslng that Medicine at Santiago ' However, the Group has recej.ved informstion from person's parents that he t"" *ith then in Concepci6n after the time he was identity card |eportea iy the Institute to have died and the Group notes that the nunber ot the nissing person is not the same as that of the person reported dead,. 5't/ Sinilarly, the Covernment reported that missing person J"iglo-Al.; urrdro nitio Ramos was Uwing in Santiago, but the Group has received (continued) of movement, residence and employnent recognized in Chife sornetimes delays d.etermination of the piesent whereabout s of a person who may be livlng and vorking normally in the country without problen0s of any kind.. "(A) rt cannot be ignored that during the period inedia'teIy lollowine the mi l ii.a7v t'".,r]t,n c iam-iento of September 19?3 there were vatious arned confrontations between the folces of ol!de]' and extremist groups which put up a prolonged resistance to the nev authorities; the tensaon prevailing at tiat time, plus the difficulties of accurately identifying the persons referred to'above, have not n'ade it possible in all cases to determine the name s of the persons involved"' 55/ In its reply to the Red Cross (Part C' No. 1, of the memolaJrdum of 22 le-bruary 197?) the covernment of Chile reported that a Mr. Roberto E. Jorquera Armijo had left the country on 12 January l!Jl'- Hovever' this person had not oeen replrted as missing either ty the led Cross' the Vicaria or thl Worhing Group. The Group notes that the Red Cross had reported as nissing a person with a-siltilar name, l'{r. Roberto Fernando Jorquera Anoiio' €nd that in the authorities reported that he was later memorandun of 10 I\Lay I97T " the Chilean living ln Paris . 57lT]r:'eGovernmentofChilereporbedinthememoranduoof22Februaryl-9?7 R;;rig""; c6t"uro ll6ctor, identitv card Na' 23895t5 (santiago) was tirat fii. at recorded by th; Institute of Forensic Medicine of Santiago as having died 10.25 on 19 Septenber 1973- Hovever, the Group has received a from a.n. -statementadrcamo Yolande C6rcamo Lopez in which she states that her son, H6ctor Rodriguez - by carabineros iia""ar-v-""ra- u.. e:AA fl of Concepci6n), was arrested. in Concepci6n in her presence and that of her husband and' daughter at 1900 hou"s on t9 September 19?3. lhe Group a].so notes that it was Nb' H6ctor Rodriguez C6rcano witn iaentity card No. 25BB3i (concepci6n) who vas reported as missing to the Suprene CourL. I -r5- inforrration indicating that the lerson reported riving in santiago does not have the same na.me or the same ideatiiy card nirmber as the missing person.'h=-Jn !B/ In regard-to the remaining 50 individuals located, reported by tne Goverinerrt o. g-;..r, the Gxoup observes that none of ihem are to be found on the two presentations to the supreme court by the vicaria reflected de 1a solidaridac that are in the ICRC 1ists, nor on the lists contained in the l,/orking Croup,s reports, and that despite an eight_nonth period 'I,rhich investigations, in to carry out-the not one of the fersons on the pet,i.tions of the vicaria has been 126. rn relation to the request by the covernnent of chife to the Red cross for further particulars concerning 65 names of nissing persons which than once in appear nore the Central Identification Bureau (cabinete Centraf de rdent ifi caci6n ) , tne croup notes that infornation concerning 13 of the 55 r"ras av1if1bl e from the Supreme petitions' Court since they vere included ii the Vicaria and that one person was reported in the same memorandum as living in Santiago (Albefto lvlufroz Muffoz ) 12?' Annex LV contains a ccmposite r-ist of infornation concerning mlssing persons from the trn'o Red Cross lists and the tvc petitions the Solidaridad of Vicaria de la to the Supxeme Court of Chi1e. The information supptiea ly tire Governnent of chile to the rnternational coumittee of the Red cross is refr-ected in annex LVf. I. Ob_s!?c-Les placed jn the way of invest igations ol dt sapDeaTances lAB, The difficulties encountered in defendine persons detained in connexion with the siege, -state of incruding the t"d;;il; in the nurber or ra."vers ass'ring their defence, the harassment, arbitrary arrest and expulsion of pron"inent lar'ryers defending detainees and the forced dissolution of the co;t6 de 2V I'lith respect to Mr, sergio Afejandro niffo Ranos the covernment of. Chile reported "Ei lro Rq49!_ Jgleig_ jtg&4glg. Resides in Santiago, at Calle Dro-Dr.oD<^ D--^ r^ r r. o------li- 1\lo. _L4UO.^ flas never been alrested or tried. IIe is an arnqy sergeant, second-cl-ass, and is at present posted in the city of valdivia, poiraci6n perir, Ca1le Arequipa No. B3f . He stated that he was working in the Army Arsenals in Valdivia.'r (Part A, No. l, of menorandum I'{r. attached to the l_etter of LO l,4ay ISZT). Sergio A-tejandro Riffo Ranos, with identity card. No. 325,5I, of Concepci6n was reported as missing to the supreme court by the vicaria de 1a solidaridad. However, the Group has received information fron a report of a mission to chile undex the auspices of the rlorrd council of chuaches that }ar,lrers dearing vith this case received f"om the coverrmet of chile an person affidavit indicatinglhat the living at calle Bio-Bio No, 1\og is lrfr. Sergio Apolonio Riffo RJmos, id.enti.ty card No. 311+,589, and not the Sergio Ale j;dro.iifo R".." roissins. ,"o"rt"a Cooperaci6n para la Paz were dealt with by the Group in its report to the General session. Information by the Group Assenbly at the thirty-first 59/ "eceived' j.ndicates that some of the obstacles d-escribed there and otbers are now being placed before those seeking to d.iscover the truth concerning nissing persons' fron a of a Annex lG)fX contains excerpts dealing with these issues "eport raission to Chil-e und.er the auspices of the World Council of Churches. :!29. an addition to the nxajor obstacle of the ref\-rsaf of the seculity agencies ta co-operate ',rith the i., investigating d.isappearances (paras. 1)+9-153)' the Group had received reports"o,.rit " concerning ptrysical attacks on a lawyer connected with the search for n,issing persons, M tne prevention of a lawyer frcdl attending a hearing on nissing person-s through a false arrest 61/ and an attenryted reprisal on a judicial officii] tor acting in eonnexion wittr nissing persons' 52/ 130. Reports of vhal; appear to be attempts to mount a campaign against the Vicarla de La S;lidaridad, which is today a prineipal source of help to those detained, to those who feel threatened vith detention and to those seekin6l the whereabouts of nissing family menbers, have been received by the Group with mrrch concern' {/ The Group has been intonrea that during the first months of l-9?? a number of forraer detainees were brought by DINA agents before notaJies public in order to sign prepared statements to the effect that the Vicaria de la Solidaridad had attenpted to force then to sign false statements that while detained they had been tortured. Fr:rther" the Group has learnt of nr.merous false stories in the news roedia in which it was stated that the Vicarla hatt presented writs of amparo for 59/ A/3a/2r3, paras. 289-301; for the observations of the Goverrurent of Chile-on these points see A/C,3/3f/6, chap' IV.E. 5o/ Tne Group has received a report (soliaariaaa,- No' 19) of a brutal attack on 25-l.,lay 19?7 by unidentified. persons on G[Il1erno c6ceres, a lawyer who fo" some tinl detenold political prisoners and was involved in attenpts to find the 13 persons reported missing in Iilovember ard December 19?6 (paras. 118-120) and in the request rtr anparo in favour of Be1lo Doren (para. 91). 6t/ tfre father of l4r Contreras llaluie, I'{r. Luis Egidio Contreras Aburto ' a sono reports that he was stopped by carabinqros of lawyei-acting to free his ^ Curico vhile driving to Concepci6n to attend the taking of testinony in relation to his son's detention, vhich was sched.ufed for 1500 hours on 2L ApttL 1977. I{e \rss accused of shooting at a truck along the highway and. detained. until 15)+0 hours" when hi.s accuser adrxltted he rnras mistaken alld that a stone had broken the truckrs vindshield. l4r. Contreras Aburto lras thus plevented fron attending the hearing and he states that the carabineros told hin that vhat had occuxred was the responsibility of DINA inaE6 sTdan. A copy of this report is in the files of the Group. 6z/ A copy of a stat ement describing the reprisals is in the.Grouprs files; in orE-er to protect the individual concerned., no fulther information is given here. 6V Report of a mission to chile under the auspices of the Worl-d Cormcil of Churches. see annex XL. | . ,. -)t- mrsslng persons who were, in-fact" not nissing. 6)+/ fn fact, hovever, cases in the mentioned either no writ of amparo naO ieeir pres ented or one had. been presented. not by the Vicaria, but by menbers of the fanily of person concerned.65,/ the F. The 13f' Group has received reports fron reriabr-e sourees of recent attenpts by agents of the chilean inter-ligence serviees to obtain fron fanilies detainees of uiising- statements indicating that the persons concerned are not in fac.r nissing- The Group has received copies oi tro slroxn statenents nade by I&s. Yol-anda Pinto l'riranda, the nother of a missing person, pinto 'which Mart 1n Elglerta {para. 1O!), describe tvo occasions on which DINA her to agents tried. to fo"ce sign statements that her son k"a s in fs.ct al,ive. Si_ni1arJ-y, the wife of nissing person Eduardo Enrique Hernandez concua (a-/ 3r/2i3, ;;;; xrij-rupo"t.a tl"l il February 1977 persons saying they were from the Ministry of the fnterior visited her and asked insistently that in ord.er to stop the Government from being bothered with what tbey carr-ed the pretended. detention and alisappeare.nce of her husband., she sign a statement saying that tler husband was freel-had a}1 his belongings and had not been tortureil during detent i_on. 66/ 132. rnfornation reaching the Group from ?eriabr-e gources indicates that d'ring the nonth of February 19?T nearl-y 50 tamilies of missing detainees vere visited. by groups of two or three persons r^rho tried to obtain declarations that the individuals were not raissing, and who either did not identify themseLves stated or that they came from the vicaria de ra sor-idaridad, the rnternationar Red cross' the Mi.nistry of the rnterior, DTNA or other departments of the covernnent. rn this regard, both the vicaria de la sol-idaridad and the rnternational Comittee of the Red Cross published in the press announcenents putting the public on guard against unauthorized persons pretending to be fron organizations. their f33. The Group has afso received reports indicating the involveaent of the Fisca-l- Militar of Osorno, the Governor of the Tenth Region and the Division of p5 .q)+,/ E+ C:roniFta, 2l+ and taay f97I , La Segunda, pt+ ti/ELy 1977. In this connexion it has been reported to the croup-TfrEl-6iZli Mal, fiTT the television station Teletrece broad.cast information atiributed by the station to I4r. I"trax Reindl, Director of rnformation of the Government, r,rhich statett that the vicaria had presented writs of amparo on behalf of ttpersons who recently in d.eclarations to the cornnunicatiFnmedia nanifested their su4>rise at apiearing in the list of nissing and detained persons published by the Vicariar'. See Solidari.dad, No. 19. 6t Solidaridad." No. 19. See elso annex )ff,, 66/ A eopy of this statement is in the files of the croup. -)tJ- Infornation of the Chil-ean Goverrnaent in Chilean nerspapel stories 67 falsely reporting ttrat a I4r. Jos6 Erasmo Levia had. been included among. the 501 cases of rissing persons presented to the Suprene Court (paras. ff6-117) but that " in fact, ie ras i.n 6sorno and had reported. voluntarily to the I'i'scalia to establish this fact. However, the Group has Learnt througb a sworn st at ement that IvIr ' Levia was on two occasions ordered to the Fiscalia of Osorno and that he l,l'as informed- he L'as a missing person and reporteal as such, even though he and his lavyer told the Fiscal that it rras his brother, Jos6 Erasmo Levia Aguayo, who was referred to and. that his brother was sti1l nissing' 58/ 131+, The Group has reviewed, in the light of the observations of the Government of Chile, the inforxaation on liberty and security of person vhich it presented to the Conmission on Hulran Rights at its thirty-third session. In this regard the Group notes that in nany cases the Governnent made no observations on infornation that inclicated. violations of hunan rights' In other cases the Government responded. vith a sinple denisJ, or replied that no record of detention existed., that the person had been released, or that he had lefb the country' Tn still other cs.ses the Governtnent s inpJ.y attacked the credibility of the orouprs witnesses, Given the weight of the evidence presented. in the Groupr s report and' of the evidence presented in the various court cases" the Group finds the Governtnent I s information not to be responsive and to ind.icate a refusal in most cases to undertake the appropriate investigation ' 67 EI Mercurio, 1! I,hrch 19??, El Croniqta, 19 March 197?' !a Sesunda' llora, 18 MaFh rSf; LtEfagg-N"!i9:C!-, 19 l{arcir 19??, La Tercera de 1a 19 l4arch I9TT, 68/ Annex XL; and Solidaridad, No. L5, p' 7. -59- IV. TORTURE ATTD. OTHNR FORMS OF CRUE!, TNHUMAN puNrsHr'ENT OR DEGNA TNG TREATMENT 0n i TTIE spEcrArrzED .RGAI,IS oF srA'n sEcu'rry 135' The Group, in its report to the qornission session (E/cN.!/1?21), on H,nan Rights at its thirty-thirat stated that tort*e and inhuman or tlegrading punishment have treatment or continued occr'rr in chile; ;d the cornrnission ar.ter consid.ering report, stated-to iu its resolutio,i , lndlgnataonll:.$:ltl: s txxxrrr) th;;-i;'";;; the profound. expressed. by.the General AssenbLy in its resol-ution 3f/tal+ tirat "constant and flagrsnt viorations ." rr.*""-"ights particular the have tsken prace ... in chile, in institutionaJ-i zed prr"ti* or-iorture, cruer-, inhuman and txes.tnent and pr:nishment r. degrading 136' rn re'l-ation to this question the Government to the of chile, in a document subnitted ttrirtv-third session of the cornission on Hr:nan niehts (e/cNti2h7, sect. A.fV), stated: part one, rrEven applying the no6t rigorous standard.s to chi1e, no the possible existence.of Jud.ge one can suggesr deriberate gr systen@tic naltreatment, for that wouLat presuppose the conpficity, tolerance or fairure the authorities in their iluties on the part of and institutions hor-d.ing pover or authority over the life of those establishments of which sorne have-bien singled out.rl HoY:ver since the adoption ' of its report to the con'rission, the Group has received. includ.ing testimony fron peisons individuals:E+.?9", directly affeeted and reports fron who have recently v-isitea ctrire, wrri crr indicates that, ar"though the victius nay not be so numerous as in priov periods, or degracling torture a.r:d oiher cruel, iuhr:nan treatment or punishnent continie to be appriecl to persons in detention and has becone an integral part of the new system of intiroi dation report (see described in the 1lru::lt. paras. 86-87 and llg_tl+I) anai can therefore be teroeal an ].nsrltuEt onatl_zed folm of torture. A. treatment or punishment 137, AJ-thougb th€ c"oup vas informed. on LB May I9I7 by the representative of the Government of chile that "no conplaint of i1r--treatment has been recorded.r, r/ infornation received. by the Group ind.icated. that since the beginning of t9T7 t despite threats of reprisals, indiviauars have informed. the ctrilean courbs of tortnre and siniLar treatment experienced d.uring detent ion. z/ p"t"g."ph" g6 to gz statenent of Anbassad.or Manuel Trucco - -1/ - to the Ad Eoc working Group of the Comnission on Hr]ma!. Rights, Geneva, l_g May l9T?. As -" 4 examples, on 18 June I9TT, MT. CarLos veloso Figueroa and Ivlr. Carl-os Vel-oso Reidenbach ratified befo"e (see -.;-i-"Jythe Suprene CSurt their srrorn staternent annex x-vf ) (solidaridad, N;:- tii; rprr, sworn Ed'ardo '"r." the statement of Be1:-o DorEi-lEEJE-nex x![rr i p""".lt.a to the Tercer Juzgado de1 cria€n ale Mayor Cuantla of Santiago (Solidaridad, No. 22). -ou- of the present Teport reflect the information received by the Group indi"cating that some forns of torture were practised in almost all of the cases of detention reported. According to this infomation, during interrogations the unfortunate victins were tortured, for the purpose of intinidation and in the hope of obtaining some infomation; they were beaten and electricity was applied to the most sensitive parts of their bodies, In addition, the attention of the Group has been drar'rn to the fact that d.rugs and psychologicat rnethocls of tortuae continue to be used' The tecbniques of torture used, including on occasion a conbinati.on of physical ard' psychofogical- tortrre, are illustrated in the statement of CarLos Vefoso Beidenbach (eanex XVf), the report of the interviev with 14r. Figueroa and I4r. de la trtente (annex XIII ) and the repoats presented in annex XIX' This infonration is a'lso reflected- in reports from persons detained trt 1977 which are in the Group I s files but, becs.use of threats reportedly nade to the authors of those statements and their fanilies , must remain confidential. B. Nen system of intimidation L3B. Evid.ence before the Group from a variety of ae-liabJ'e sources indicates that chilean security agencies began developing, at about the tine of the farge-scaLe releases of political prisoners in L976, a new system of intinidation aimed 8't those individual_s bel-ieved. to be opponents of the present Government. This systen of intinidation consists in (i) detention for a short period of tine, a few hours or a few days; (ii) questioning and torture; (lil) threats to the life of the detained. person'and. his ia'nily; (iv) close post-release surqeillance of the person and his family and (v) rearrest in some cases. In addition, in rnany cases' one or more wisits roay be mad.e to the home of the d.etained person to fri gbten his fAnily' Exainp1es of the new techniques of intirnidation are to be found in paragraphs B5-!2 end- in annex XIX. Several other violent actions of different kinds are being used' such as physi.cal. attacks on persons and property, as a part of the new system of intiuidation. The Group received. testirnony that snal-L seni -autonomous groups carry out investigations for the security ageneies ard that in rloing so they enJoy wide freedom of action. One witness who recently visited Chile reporbed an increase in the number of secu.rity agents and said this 1'|as evid"ent from the large nmber of individuals who appeared to be engaged in surveillance, using sma,1l rad.ios for conurunicati.on . 139. fhe infoTmation received. by the Group indicates that during the first part of f97? the s.ctions of intinridation were ained. principally at members of the Christian Democratic Party or of the Socialist Party of Chile and at ind.ividuals active in the trade lnion moveaent or in assisting poJ.itical detaj-nees or seeking to help discover the vhereabouts of nissing persons, The techni. que of intinidation is also reported. to be used. to obtain information about persons in the above categories. 1\0. In this connexi.on, the report of two French lawyers, louis Pettiti, Bdtonnier d6sign6 de ltord"e des Avocats i 1a Cour de Faris, and Bernard And.reu, Avocat i Ia Cour drAppel trsecret arrests and detentions are stirl services. It the conmon practice of the security is tTue that we were tol-d that these methods were tending to ebange - that periods of secret d.etention vourJ le change of form shorter, Nevertheless, this does not in ary *"y u;Jnd to repression, vhich aJrd.is taking on "igrrify stil]- ::1ti1":" nore subtte ana equsJ-Ly redoubtable aspects, such as secret detention for severa-]. days, (trri" -tioo" pressure torture i" not aeniea) , iji or to obtain sifence or collaboration, threats, blacknail, pJ-acing r:nder observation, shadowing, physical attacks'..,- ni" repression is being on against ti:e working popu:-ation, Vicariate_c-arrie. traae_unions,-or the services of the and Defence .,. ft is characturisti" the deslre to rnaintain atmosphere of fear and an intinidation. ft at-so be noted that the exrent of the repression is difficult to as".rtaio;-?o""fr"Ji been ,*y of the people who have arrested' beaten or threatened. and therl are afraid engage defence counsel. ""iu.=.a to tark o? to ""' Ttrese are not nerely rnistakes .ue to the result of the conduct of ind.ividuals, but a concerted poricy :.s uriiojirrg .r..ry means of intinidation aga,inst the living forces of the "rri.ncountry,r - " 1l+1, This alarnring st&te ol affairs was as follolls: connented upon by the nevspapet E1 Mercurio "Public opinion is concerrred. by various dever.opments in vhich the leading been teken by unidentified persons, operationsryrt f3 *a *rri coul-d be d.escribed as of intinidation. The latest of iir"s. affected"t, a d.istinguished journalist, editor of a week_ly assault, reviev, ,iro ,r."- tfr" vlctim of a th"eat-r..f.iy. of presurnably on accol.uxt of inforration appearing i" ifr"t "The Government has emphatically directed cond.enned-""J-"pi".n"rra this illegaI act, and has the security serviles t. iila those responsible. a]l:, tl n": strong At the -",,T:_ 11n"""^sed. support ioi trr. Jor.rnalistic profession, I"rnl-ctr was undoubtedly affected ty tirese events. 'rlt would be useless- to ninirnize slmpton the gravity of this affair, vhich is the of a phenomenon that nust be g.";;i; confyonted start, We t right fron ttre refer to the. action-ot "i elenents, groups or indiv-idual-s who, "po"i"rreolr"i that is to say, believing'ttuy"counit out a political., patriotic or other kind of nrission, "i.-c"rryin6-""i.irr"f property (brearriog into acts against persons or the office of rur. zJairra", setting on fire a theatre tent in Providencia, searching the luggage passed J-ir.,o travetlers nho had alreacry the customs. and other s illegal uetr aciJ)"fo,-"."tuii tt. plopo". of investigating acts or s impl-y to i"tiriaatu i."=.*, "The operations of these their spontaneous el-ements-*.u are dangerous, because of a::oqnnous and irresnonsibie o-tur., r"" be $e11 as right extrenism, attributed to r-eft as to enenies of the corr!"or"ot as welr as to scatterbrained supporters of it. ... -62- t'Und.er an emergency rdgime and strict nilitary control' these acts of intiroidation are incomprehensible . .. ttThat is the reason why the authorities shou-ld be urged to realize that these s?ontaneous elements are a maJor danger to a serious Government and r"pt.s.nt a constart flouting of its authoril;y ' .'i' !! The magazine Solidaridad rePorted the following in a recent issue: "Emilio Filippi, ed.itor of the weekly IlgL, throws sti1l more light on these events when fr. points out that 'vhethei-Jpontaneous action is involved or not ' it woul-d appear to be a question of groups which, under the pxeterb of supporting the GoYernment, seek to castigate criticism or institute intimidation' . rr 4/ c. 11+2. In its report to the Connlssion on Human Rights at its thirty-thild_ session the croup incl-uded inforrnation on teehniques of tortr.lre practised in chile and their effects on their victiros, In that connexion the Group had received copies of two studies on the matte" aJId alnexed to its report excerpts fTon one of the studies (n/cx,\/l'zzt, para' 192 a^nd a"rinex X[r)' since then the Group has received a copy biological of a study by a group-5/ ot Danish medical doctors on the psychological and sequela ot tt"t.ou. tttitty-t.to individuals who a11eged1y had been tortured in Chile .,rere interv-iewed and. exanined iD order to detennine the nethods of torture used and the effects upon the indivlduat and to establish the relationship, if any' betveen the tl.o. Both psychological and. physical effects on the victjn were noted in the reporb and the resu.lts of this study are set out in five tables reproduced in ernex XLI of the present report. The study relorted some relationshlp between the ratio of solitary confioement and incid.ents of trental. synptorus and it stated that to sone extent the effects of torture can be related to the actual type of torture used. Accord.ing to tlris study the worst effects of torture L'ere psychological a,rrd neurological. Synptorns of enxiety, irritability and to a lesser lxient aepression vere cormon; Loss of nemory, inpaired po$ers of concentlation, sleep d.isturbance and hea.d.aches 'were frequent and were nearly always experienced by those vho haal been subJected. to direct cranial trauma. The stucly conclud.ed on the utnost importsflce of effective treatment of torture victins to prevent pathological change from beconing penaanent, and. as far as possible, to reverse such change ' V E1 Mercurio, 2 Juty 1977. V Solidaridad, No. 22. 5/ Or. Ote Ved.e1 Rasmussen, Dr. Agnete Mouritzen Dant and DI. fnge Lunde Nielsen' ,'Tort-ure: a study of Chilean s.Ild. Greek victins", in Evidence of Torture: Stud.i es by the Atnesty Internationa.l Danish MedicaJ- Group (London, Arnnesty Intelnational Publications , I97T), pp, 9-19. -o5- 1\3. In addition to the above, the Group has receiveal testinony fron inilividual-s who declared that they had been tortured and lrho ga.''e infor:ostion concerning the effects of this torture on them. Ar exanple of this is the testinony of lulr. Leopoldo Alfredo Luna soto, who informed the Group concerning his arrest, detention and torture in Chile and the severe physical consequences of tbat torture. He had suffered severe inJuries to his spinal colurn a::d cen-ical inJuries vhich prevented bin fYon vriting or na.hing any movement requiring effort with his hanals. He informed the Group that he is obliged to seek eontinuecl nedi cal assistance. A ciecl-aration by l'{r. Lr.:na Soto concerning the effects of the torture is found in annex X!ff. l4r, Lr:na Soto has na.med a person llho he said was directly or ind'irectly responsible for his torture, The Worhing Group is making a study of this case and hopes to give fbrther information on it in its next report to the Comission on Hunan Rigirts. f\)+. gfre Group has a]-so received a nedical report by Dr. G. Laszfo, consu.l-ting physieian at the Bristol Royal fnfimary. This report deals rrith the resu-Its of torture on Mr. osvald.o Garrido and is reprorluced in annex XLIfI. D. Ttre speeiaLized orgars of State security 1)r5, the Group I s latest report to the Conmission on Huna.n Rights contained information on the activities of the DINA both inside and outside Chile' including arbitrary arrest, d.etention and torture lE/cN.\/r22r, peras. 185-200). The Group also pubfished the three secret arbicles of the decree-lar setting up the DfNA $hictl gave it wide-ranging powers. fn addition, infomation $as provided on tbe innunity of the DINA fton Judicial control-. l-l+5. Dlring its August series of neetings in Geneva the Group received a.nste verbal-e fron the PerBanent Mission of Chile to the United Nations office at Geneva, dated. 17 Aueust 1977 (see annex X!IV), concerning tlecree-law No. 18?6 of 12 August 197?, which repeals decree-l-an No. 521 of 19?l+ yhich created the DIIIA (see A/LA"B5 annex XVT), and decree-Iav lio. 1B?B of 12 August 197?, which creates the Central "'laciona.l de Infornaciones (:lational Inrormation Agency). The Group asked the representative of the Government of Chile to supply it vith the text of decree- Iaw o. LdT't. 6/ Decree-lavs Nos, 1876 and 1878 are reproduced in annex r{I,IV and described in p-aragraphs t6i-t62, l-\7. Since the adoption of that report, the Group has continued to receive infornation from a variety of reliable sources inriicating that 6/ In response to the Group I s request, the text of this decree-law was transnitted. annexed to a note verbale dated 26 August 19?? the final day of the I - Group s August series of neetings in Geneva (see annex rxxwrr). rn the meantime, the Group had received. a text that appeared in the press on 20 August 197? (see para. 154 below). t -6\- naintain af,rd s Lr'l:errise .by both public a,rld secret pLaces of detention. The erialence received the Groun also ind.icated tbat the agencies of State security continueal to enJoy innuni ty fror.r Judicial control . 1l+8' A witness vho testified. before the Group after having conpleted. a recent yiEit of r',nfornation tc chil,e inforned the Group of a reported. increase in the number of people vo}king tbr DINA on a non -perna.n ent basis, recruited fron a.oong the rineroployed ' fn acldition, the Group has received. oral and written inforrnetion fron several- persons vho were arrested and tletaineal a.rrd. as a condition of their reLease were asked Lc coflaborate vith DINA. The State security organs and the Judiciary 1l+9. rn its prior reports, the Group has provld.ed infornation on the lride freedom of action enjoyed by the Chilean security agencies - they are accor.rnteble on]-y to the Presid-ent of the Republic - and on their inmrnity ltoD Juaticial controL of their actions. 150. fhe evidence which the Group received siuce the adoption of its last leport to the cornmission on Human Rights showed that the agencies of state security in chiLe continued to enioy vide freedon of action a.nd. to refuse to respoacl to cou"t ortters. rn a petition presented. to the supreme court at the beginning it :,gtl it was stated.: "rn such proceeclings it has been noted that official-s orue refuse 7 Petition to the Suprene Cou.rt of Chite on behalf of L3 Dersons who disappeared in l,tovember and Decenber 1!J6, point V. B/ Petitlon to the Supxeme Court of ChiLe on behalf of 13 persong who disappeared in Isovember and Decenber 19?6. The case referre6 t6 nere concerns the kidrapping of Jaime rgnacio ossa Galdames and is case No, Lo.2Gz of the cuarto Juzgado de] Crimen de San MisueJ.. y Extracts from letter of ldr. Belamino Ergueta Becker ttatear Mexico, 11 JuIy I9T7 fo Chairnan " the of the Ad Hoc Working Group. the Supreme Court of Chile transnitting information from the Director of DINA to the effect that Mr. Osvetdo Romo worked for that agency until Novenber I9T5 and, that he subsequently lefb Chife (arnex Iff,V). The Group has received no further infornation concerning either the request for the extradition of !lr. Romo or the appeararee of the Director of DINA before the Court. 152, The detention of Carlos Humberto Contreras MatruJe, the Court finding that he was detained. by DINA and the order of the Court for his release, have a-l-ready been reported. (paras. fO)+-105), as has the response of the tqinistTy of the Tnterior, which stated that the Ministry lras obliged to give faith to information fYom other State organs, especially those directly under the ?resident of the Republic, and. that therefore it had to be taken as established that Contreras l{a1uje !r'as not being detained. The Group has received no information on steps taken by bhe Ministry of the Interior to veri Iy the exactitude of the information presented by the secu"ity agencies . 153. Tbe Contreras Maluje case a].so provides a further example of the overriding ant! exclusive competence, ln practice, of DfNA in any affairs in vhich it intervened.. Carabineros Captain Clenente Nicol6s Burgos Valenzuela stated.: I'In accordance w-ith the normal rules of procedure within the service, we withdraw from a case when personnel of the Intelligence Service take overfl. 10/ Sirollarly, when DINA intervened., the case ipso facto went inmediately bE?ore a ndlitary jud.ge rather than an ordi.nary civiLian jud.ge, as stated. by Carabineros Captain Jairne Osvaldo Ubilla Ubilta: "For these same reasons of the intervention of DINA, and in accordance with the general instructions of our superiors in this respect, a photo-copy of sheet 35 vas sent to the Second Mi]itary Court of Saltiago and not to an ordinary crininal court, as voul-d have been Lhe procedure in the case of injury resulting from an acciiient.rr11/ It should be noted that in this case both DfNA ard SIFA (Servicio d.e Intelig-lrcia d.e La !\rerza Aerea) were involved, since the car used in the arrest was registered to the Director of the latter organization ( s-ee para. 104), Pl-aces of d.etention used by the security organs 15h. In its reports to the ceneral Assenbly at its thirty-first session (A/3I/253, paras. 196-210 and 3l+9-3ru) and to the Connission on tt ums.n ftights at its thirty- third session (E/CN.\/tz2f , paras. 91 ana fB9), the croup deaJ-t vith both the officially recognized. places of detention controll-ed by the security agencies and the secret d.etention centres of those agencies. In relation to this inforrnation the Government of Chile stated in a docunent subndtted to the last session of the Conun:ission on llllnarr Ri€hts that r!a11 detained persons are being held vithin the normal prison systemtt and that "in Chile there are no detainees rinder the terns of the state of sie so there are no he1d. the ve Power I2 _LU/ ijo_Lldarad.ad, L\o . Io, Iv rbi d. gl ElcN.\/724J, part one, sect. A.IV, For reports concerning persons being held. rinder the state of siege, see paras , BB-90 . /... -56.- 155. l'4r'. Jcrge Montes testified before the Group that frora his pl-ace of d.etention within Tres Alanos he was able to observe the actiwity taling place in Cuatro AJ-anos and ths.t, up to the date he ]eft Chile (f8.fune 1977), Cuatro A1amos continueal to be a place of detention operated ty DINA. This statement was supported by the testinony of persons who recently visited Chile, by Chil_ean news media reports, aJrd by sworn statements by individuals released from Cuatro A_lsmos tluring the nonth of June 1977. 156. The information received in reLation to the Veloso kidnapping (paras. 88-90) and the testimony of l,tr.. Be1lo Doren, I,lr. Vi11ar EhiJo and other witnesses, as vell as written declarations from other pelsons show that at the time of their cletention Drl{A continued to use secret detention centres in addition to official pl-aces of detention ' As d.escribed by Mr, Berlo Doren a^nd others, at least one centre had a perme,nent character, with a staff of at least 10 g).rards i the centre vas frr11y eqLipped for interrogations and. had nedical facilities; there was a regular flov.of vehicles in and out of the building (ennex XVIII). 157. X{r. Wil-liam Zuleta Mora reports being held cluring his first detention a! a ttLos place situated in Pl6tanos con tfranttt but it is reportett that the Cou-rt of Appeals relused a petltion that it order a visit to the pJ-ace. A witness who for fear of reprisals requested that his name be kept confidential testified that he was hel-d in the Regix0ienbo Buin, and the father of carlos contreras Maluje, in his attenpts to have his son released, requested. that investigations be carried out in the following places: (a) Ca:-l,e Be1gr€no (no street nr:mber), the l.ast three houses at the bottom of this street, which is a cu_l-d.e-sac; the houses are painted licht ye]l-olr and their entranc"" o"-vi""n" u""n ul--irl ,-cJr" ir;;;i'c"ff;;I'- I{unicipality of Providencia "i"i (c) the premises (no street nr:rnber ) betlreen 13?? antt f35T Call-e Jose Dorningo Caiias, Municipality of Nufroa; (d) the "Vil1a Grinaldirr, Avenida Jose Arrieta at the l-eve1 of No, B2oo, peflalol-6n sector;, (e) trre sa.nta Lucia Clinic, l-62 Av. Santa Lucia, Municipality of Santiago; (f) corner of Juan Antonio Rios and the A1ameda, Xfunicipality of Santiago, fornerly tbe offices of the Banco Panamericano. 15U. the Group has not yet received inforrnation on the results of any investigations undertaken by the chilean courts into these reported secret places of cletention. E. Prosecutiol and punishment of those resFonsible for tortu"e 159. The General Assenbly in its resolution 31/l_21+ of ]-976 called. upon the Chilean authorities to prosecute arrd punish those responsible for torture and othe" forus of cruel, inhurcaJr or degrading treatnent or prmishment. rn previous reports the Group indicated the names of numerous indiv-iiluals who had been identified, before the Grou! as being invofved in the torture of detainees. 11/ 'l'h e Grorrn ha.s sinee the adoptioi or its report to Lhe thirty-thitd ;"";i;" .i-ir,ic.*I;"r;;-;";;;"iieht" (E/CN.)+/L22r) received. testimony concerning persons en€ageti in torture not tA A/rc295, para. 1!)+; E/CN.4/U88, paras. 1JB-1)+A) A/3I/253, paras. 3r7 46e. -o l- plerriousl-y reported., as vell- as ind.ivid.uals named in earl-ier reports. Some of the naneg in the latter category are osvaLd.o Rono, reported by severs.l witnesses as one of the nain torturers in Chi]e, Arn]. lieutenant Colonel Marcelo Moren, and Army Captain Miguel Marchenko. fn Ju].y ]-977 MT. Jorge Montes testified before the Group that Etlga? CevaLl-os Jones trad tortured hin, his wife and his two d.aughters. Mr. Montes stateal that at the tine of his testinony, Adga" Cevallos Jones was the Deputy ghief of DINA. 160. In spite of the ca-l]. by the ceneral Assenbly for the prosecution and punishment of individuals responsible fo? torture, the Group has received. no information that the Chilean Govenment has taken any positive steps in that direction. In this connexion the Group notes that the Inter-Anerican Conrnissi"on on Human Rights has stateal: "The Connissiou wishes to reiterate that to date, the Government of Chil,e has not i.nplemented an effective policy against torture, vhich d.emands above all that those found responsible for these acts be brought to trial and prnrished. So Long as such measures are not inplenentedn the Government of Chile will continue to expose itself to the accusation that torture has been tolerated.'r 1\/ F. Dissol-uti of the Directorate of National ce ( DINA es of the Nat Infornet and the to the Lai{ on the of the State 161. fhe Group has already reported (para. 1\6) on its receipt of d.ecree-laws Nos. 1875 and l-8?B (see annex XLIv), dissolving DINA and establishing the National Information Agency, respectively. 162. In viev of the short time that has elapsed since the receipt of the decrees concerned, the Group is unable to assess the practical consequences of these changes i.n the 1aw. ft has, howevex, made a preliminary comparative analysis of decree-lairs No. 52L, estab.lishing DINA (see A/]^O2B5, annex XVI , and E/CN.\/122!, para. 191+) and No. 18f8, establishing the National Infonxation Agency, and has reached the concl-usion that thexe is an obvious sirnilarity betveen these two bodies, as reflected in various provisions. fhe chart which appears at the end of this chapter shows the resembLance in content antl even in word.ing between numerous provisions of the two decree-Iaws. Article 11 of decree-Iaw No. 1878 states explicitJ"y that "The National fnformat ion Agency sbal,l be the 1ega1 successor of the Directorate of National Intelli.gence for al1 settlement-o f-estate purposes". 163. With respect to the provisions in vhich differences appear, the Group linds that, whereas articl-e 1 of decree-law No. 521 laid dom that the Directorate of 14/ Inter-Anerican Conmission on Hunan Bights, "Third report on the situation of hutrar rights in Chile" (organization of A.merican States, General Assenbly, seventh reguJ-ar sesslon, d.ocument AG, T9j/77)" chap. IV, para.. 6. -68- 'labional lnLeLliCcnce \"/o,ld be "restonsible directly Lo bne Covernmcnt Junta", article I of decree-law mo. 1B7B provides that "the Nationaf Information Agency s\rlf oc cc,nnccted r,o Lhe Suorene Covernment ... LhroLgh Lhe Minjsrry of L\e Interior''. Decree-Iaw No. 521 contained no explicit reference to appearance in response to a legaf sumnons, vhereas article 10 of decree-1ara lio. 1B7B provides that tne Nar,-Lonal Direcbor of Infornabion is not obfiged to ap]'eal pel qonally -Ln response to a lega1 su:nmons. 1)/ Accordins to the note verbale from the Government of Chile dated 17 August (see rsuojeet f977 annex XLIV), the rest of the staff of the new body remain to al-t che ob-Ligations proviied for in Chitean legislaLion". lhe CrouD considers Lhat a significant cha.oge may 1ie in the absence of any explicil reference to powers of arrest and detention in the decree-law establishing the Nationaf Information Agency, in contrast to the pol,rers af this nature that \n'ere granted to DlrlA by decree-1av No. 521 . llowgvsr, the Crou! thinks jt is vorth ooinr,ing oJL thar the provisions conferring such povers on DINA (article 10) were not publicly divu-l-ged, having been of rrrestricted circu_Iation" (see U/Cw.]+/1221-, para. l9)+). 164, The text of decree-law l,io. 1B?Z was published in the international edition of the Chilean daily EI Mercurio for the veek 14-20 AugusL 1977. IL reads as follows: "lto. fB77 - Santiago, t2 August l9?7. Having regard to the provisions of decree-lar,rs l$os. l and f2B of t9?3 and Nos. 5ZT of I97\, and 15/ Article lO of decree-lav llo. 1BTB states that the provislons of articles 191 and 192 of the Code of Penal Proced.ure shalL appl-y to the National Director of Information. The relevant sections of these articfes are quoted belov: 'tArlicltr -O ( ) ;nc ch.tl ho .o..,;--,1 +n n-reer in "nr't.uino116 rLrtuf ^^rLrvv vr r ullqr M uv a}]lrsUr ' response Lo the sumn]ons -referred to _Ln rhe foregoing articles: Tne Fresidenu of t'he Republic and ex-Presidencs" l4inisters oI State; senators and deputies; Lhe Cornp brollcf-Cenera] of the qepublic; intendanus cnd governors ol departments, within the territory r..mder their jurisdicr,ion; Ir'5ryharc S'r.rFnF no-)r+. anv v vrnf ovPluteann-al rlp S1-.p1-F .^.rncAl Such ^f 'l-p ^r ^^r.r+ ^f colrts; Judges vitn lega1 quel-ifications i genera-Ls, the archoisho_o and bishopsi vi cars -general and vac ars -ca-r;i L ular ; "Article 192 ("..) The officials referred to in paragraph 1of the foregoing article shaJ-l nake a lrritten statement specifying that they do so urider the oath required of wj Lnesses by c,he latri howeverr nenbers and ttale coursef of higher courts shall- not make a statement vithout permission frorn the resnectjve court, vnich shall not grant such permission jf ir considers Lhal Lhe only purpose -is to esLablish grounds for a challenge to bhe nember- or State counsel of the court from whom a statement is requested. "The said officials may also be questicned at their domicile or official roe.i,-t--^- c,-Fi^a+ {- nnii^6 6.,i tnnn.in+n-n+ a ,ta,r ,t,^ 1:aF npovided --i.)F dlrPu!rui,rEu! ^fu, d udJ drru Lrrrcr Pr, Lhrt tne jud$e rry-ing the case deeros it necessary fo.r Lhe purposes referred to in paragraph 2 of article 198 ...". -69_ I'Considering: "]. the appropriateness of a This decree-Law is a souyce of cotrcern to the Group because it nodil'ies Lari No. 12927 of 6 August 1958 oa the security of the State (see r/Ct\t.)+/ff88, paras. 32-33) by confelrilg on the ?resitleDt of the Republic new exceptional povers of arrest for a period up to five days iu adrlition to the powers afready granted by virtue of the declaration of the stete of siege. The Group also expresses i.ts anxiety as to vhich boaly ttill put into effect these exceptional povers vested in the Presid.ent of the Republic. l-65. The following table shons the sinilerities between the decree-Iarn' which created DINA and. that which created the National Inforoation A.geney: -?0- <':. !ix o f ,: '| *.-|l}:x r- .1 t tq) !r* t u : rr, 6 d ; ci -r u . i 4r'!- n . o,o,4 o.:i r- t.d .' ji. trE tr )3,o v) 1E p o d! oi< o.1 6;>r'L 4.1 Ea d -oc il) -c_j'.i t- >.4 !tr!o|-dc+1roql >, lI) trr 6 H.rr o.- L'o>'r > +Eo ! 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PF'.r_-9.F_ cl t{Eh] ^-c p' li.iE4 qr t O >t q/E'..r o 0J-l lD O, 6'iS>, ;3*'8i'f.3Et-. TI 'rt rr E O ts'd.('j {r a'l EI ,;; a 6 e!d,l' .) A rr E @!0 r'icrl rre bo.+r6.; (t)a- o, oE'jil F=-.41 tc|{{r du<{, 0r 6 "rlp (, 1l H+.c p + tr qE,.trr,-tE t o.r{.) .**95gfP"! r r-{.rrS grD>o odr++.5PdJddo'liF A'r ar ?l =-c'i! rDr{r-r-. d a6.-l o rr (r i F. I gi cl d a< o t..r r 3 ho.d . F{n " t p. l, o".E '-l Flli.iicEp+r!r.dc+ cdJ rD.Pqir.rla.a! il -l - " kraoco,c,ipo.iqfA-ol< c)-{. ;3'{r gl EfE,ififtr{r o<.=-.-i c+d(n-toi}.b{l 'r ;j sl ?l"l trj 6l AI ol Fil d :l o ..t o a o+ + d !l e F T9 o l] -4oa't a nl ouJ7 F1 c1 A cl E i h.9 d g 6l h E$t4 i .r e + rr.<{r doodtD !d g.ji igt" orjc carg A "gfr- 3l FtdH pE tl2l .{l o F ul ot 65 6.C! r.l !l!l r.1 vlnl il Pc d El cl 14 o ^,q -uJ | .]dr F ol ort cll 01- , I {l Pi'3r- Ul I tr +- i V. EXII,E 1(.( r^.'+^r ui r(pur"-^--^-+ .ru-Lrcted^..a*.: l to the Gener-al Assenbly at iLs thirty-first session lA/3I/?53, chap. VII) and in its rel:ort Lo the Corn:.ission on Hr.ran Rights at its thirty-third session (n/Cx.L/tpzt, chal,. TV), the uorking croup presented statistics on refugees fron Chile who had been resettled or who r.'ere al"/aiting Tesettfenent under the auspices of the 0ffice of the United llations !igh Connissioner for Refugees (UlillCR) r.rith the technical assistance of the Int ergovernmental Conmittee for European l4igration (ICEl4) and the co-operation of tlle Gcver^nrnents of the receiving countries. fn these relorts, the ]Jorlinf Croup also described the phenomenon of exlulsion fron Chrle and deprivation of Chilean nationality; it took into account in the preparation of the report to the Corrr,uission on Human Rights the observations of the Governmen, of Chi,l-e (see a/c.3/3r/6, chap. VII), particularly uith respect to the Governnent's efforts to eliminate the practice of endorsing passports as "V51jdo s61o para salir de1 pais" (Va1id only to leave the country)" Tn its relort to the Commission on I{uman Rights, the Working Group discussed, particularly in the light of lhe coming into force, on 23 llarch 1976, of the International Covenant on Civil and Political lights, cases of pe"sons vho had been expelJed fro'n the country and the rejection by the luprene Cour"a of vrjts of amDaro to rescind orders of expulsion (see tl/cu.l+/f ?2I, chap. lY), nfs6-nE[Ea were cases of certain proroinent persons in exile having been deprived of their Chilean nationality including that of I'{I. Orlando Letelier, and the circumstances surrounding the latterrs subsequent assassination (lUA. , paras. 22!-23)+). L57. In preparing the present report, the !trorking Group examined the situation of persons deprived of their Chilean nationality; exi1e, including the operation of supreme decree No. )Ol+ and the case of Jorge Montes; the expulsion of Chilean citizens and requests by some exiles to return to Chile; the situation of refugees I diplox0atic asylum, and the issuance by the Chilea.n Government of passports endorsed 'tValid only to leave the counirlSlt. A, Deprivat ion of nationality 168. The Political Constitution of Chile provides that Chilean nationality is lost (1) by naturalization in a foreign country; (2) by cancellation of the fetters of naturalization; (3) by lending aid during war to the enemies of Chile or their al1ies. !/ By decree No. 1T) of 3 Decenber 19?3, ttre presert covernment estabtished an additionaf basis for loss of nationality: (l+) seriously danagine flom abroadjck-d the essential interests of the State during the exceptional states pct2l-l in e1^+i.la 72. parasralh 17. of the Political Constitution, 2,/ -Ll UOnSrrrur.ron oT ane i{epuDllc oT un1le, l'925, as ffoended by law 12,51+8 of 2/ Article 7?, para. 1?, provides fol the declaration of a state of siege and irn' ,,1^. {h- n+^1rr'-.i^h +hat "UeaSUreS Laken On account of the state of siege shall have no greater duration than the siege ,..". Decree No. 175 provides that such deprivation is effectuated by a supreme dec?ee signed by a.fl the ltlinisters of State ancl, as augtrented by decree-law No. 1301-, establishes the framelrork for appeal against such an orde" (see A 3- 253, laras. l-33-\35). 169. Constitutional Act No. l+, enacted on 11 Septenber 1pJ5, entitled I'Energency r6gimes", provides in article 5 that: "Unde" the d.eclaration of the state of siege, the Presiclent of the Republic may deprive a Chilean of his nationa"lity, in accordance with article 6, paragraph l+, of the Pol-itical Constitution of the Republie; ..." I{hereas the constitutional amendnent enacted. by decree No. 175 requires a supTeme decree Justified and signed by all Ministers of State in orcler to deprive a citizen of his nationality, ConStitutional Act No. l+ delegates this power to the Pres ialent of the Bepublic during the existence of a state of siege. The resulting legst situation was cormented upon by the fnter-Anerican Comission on I{unan Rights in this manner: "It is inned.iately obvious that the Constitutional Acts further confuse the r0atter, ad.tling new factors of instability and uncertainty to the question of the inviolability of this right ..,, vhich is rightly considered to be one of the most important rights of nan". 3/ 170, Tn its report to the Comission on Hunan Bights at its thirty-third session, the Working Group had noted three cases of deprivation of nationality (E/cN.\/1221, pa'ra. 229); in a note dated. l-2 January 1977 fron the Ministry of Foreign Affairs of Chile, cited in the report to the 0AS, there appeared tvo additional names of persons upon whom this sanction had been inposed; h/ on 7 rray 1977 the Working Group learnt that three additional persons, members of the defunct Single Trade Union of llorkers in Education, had. been d.eprived of thei" Chilean nationality. The rel-evart decree of the Ministry of the Interior states, in part, that the Government "had become aware that Emesto A"aneda Briones, Luis Meneses A.randa and Humberto Elgueta Guerin had promoted abroad an active publicity canpaign ained at isolating Chile from the other countries of the vorld, for which purpose they had resorted to calunnies against the m€ximum authorities ofthe Government arld the armed forces, ... /T/fris anti-pat"iotic conduct, carried out through the conmunications nedia and before international organizations, is noralJ.y sanctioned by the ?olitica1 Constitution of the State with tbe loss of Chilean nationality, It ends by saying that since the above-nentioned facts have been p"ovld, it nay be conclud.ed that ther.e is no longer any link which unites 3/ "Third Feport on the Situation of Hum8.n Rights in Chi1e", OEA/SeT.P, AG/d'oc.795/7T, submitted. to the s eventh Tegular session of the Organization of American States, 1l+ June f9?7, crenada, chap. IX, para, 10. 4/ Ibid., paras. 1-2, The five persons were: Ans elmo Su]-e Cand.ia, Hugo Vigorena Ramirez, Orlando Letelier deI So1ar, Volodia Teitelboin Voloslqr antt Juan Siarez Bastidas. -75- Ernesto Araneda Briones, Luis Meneses Aranda and Humberto Elgueta Guerin with their native land ernd ,.iith the Chilean State in particul,ar". 5/ 171. The Working Group notes vith concern the continuing practice by the Chilean :Govelnnent of the application of this expanded. and severe sanction against its citizens. The Inter-American Conorission stated in its third report on Chile: trthe severity of this punishment is in no way s.ttenuated, nor is any contribution vhatever made to the solution of the various probl-ens it inevitably produees abroad, by the fs.ct that an appeal against it is al1owed, for the very nature of the penal-ty, and the parbicular circumstances in which it is inposed. (i,e., when the vietin is outside his om country), nake it inpossible or cornpletely futi.le to make use of such a recourse. The aside in the note from the Ministry of !'oreign Affairs, to_the effect that none of the five citizens affected. by this neasure to d.ate /I? Jamta.ry 1977 has made use of this defence measure, is sufficientfy eloquen:t on this poinf, " 6/ I72. The Inter-American Cornrission on ll::nan Rights, in sr-r:ming up its disapproval of the practice of depriving citizens of their nationality pursuant to d.ecree No. 175, stated.: "the Corudssion believes that this penalty lisZ anachronistic, outlandistr alld legal-l,y unjustifiable in any part of the vorld ...". U Tbe Group, as it has stated in its previous repot'ts, views with disapproval the practice of a State's depriving its citizens of their nationality arbitrarily in the above-ment ioned nanner, B. Exile I. Suprene decree No. 501+ L?3. Suprene decree No. 504 of 10 May 1975 permits the submission of speeial applications for conmutation to exil-e of sentences inposed by nilitary courts. fhe ain of the d.ecree, as statetl by the Government of Chile, is to facilitate 'rthe exercise by the President of the Republic of his constitutiona-l right, personaJ-Iy e$d at his discretion, to conmute a penalty of deprivation of .Iiberty to one of exile". !-/ On fB May 19??, in a statement which the Permanent Fepresentative of Cbile to the United Nations office at Geneva mad.e before the Ad. Hoc Working Gxoup, the following data, was provid.ed. on the operation of supren. a6ZE-e Wo. 5Ol+: as of 5/ Quoted. in la Tercera de 1a Hora 8 May 1977, see a1so chap. VII. 6/ OEA/Ser.P, Ac,/ doc.79r/77, chap, fX, para. 12. l/ -Lpr.o., para. _L_1. 9! A/3?/r2i, p. 3. 30 ApriL lg?7, the Special Cornnission established by the decree had revieved l,,5TB petitions; of these f,353 had been approved. and conrnutati.ons had been signed by the Pfesid.ent, a f\rther LL5 pet,itions were in various stages of proeessing. From these statistics, the triorking croup nay infer that 80 sueh applications had been denied. Moleoqer, a number of prisoners whose applications have been gra.nted are still in custody, for vant of a visa from a country willing to receive theu; the ftIorking Group has received no d-efinitive information on how roaly prisoners are in that category. )/ In May 1977 it was reported that 10 persons hatl recently left the country, bringing the total number of persons actual].y in exile pursuaJrt to supreme decree No, 5o)+ to 955. g If4. Inasnuch as the criteria applied by the Special Conmission have not been mad.e knolrn to the Working Group, end since the Goverrunent of Chile has made it clear that the connutation of sentence in these circumstaaces is uithin the personaL discretion of the Presid.ent of the Fepublic, tV ttre Working Group is not in a position to evaluate the efficacy of the system, It has, however, received. information from vanious sources with respect to a particular group of prisoners, nenbers of the arned. forces, who are serving lengthy prison senteoces, lrho have been gratted visas fron various countries and rshose applications for commutation of sentence to exile have been either rejeeted, "reserved'r or rernain pending. Several of these cases nerit specific mention arrd. appear in arnex &VL 2. The exile and. release of Jorge Montes 175. The Working Group, in its report to ihe Comission on Iluran Rights (E/CN.\/a22l-, paras, 108, 118, l-19), dealt with the release of forner Senator Luis CorvaJ-dn in L976, 0n If June L977, after more than three years of detention, former Chilean Senator Jorge Montes was tal(en from his prison in Santiago, florrn to the tr'ederaJ- Republic of Germany and from there transported to the Gentran Deroocratic Republic, vhere he was released. According to Mlr. Montes' testinony before the Working Group, at no time ri.uring hie incarceration was he told Irhy he I'as being d.etained, nor vere charges ever brought aga-inst hin. He further stated that he had been subJected to physical tortr.re aJrd psychoIogica_L intimidation. 1?5. Mr. Montes r d.etention had coue to the attention of the international conm.:nity; pfeas for his release had come fron various qlrarters srld had been the subject of special concern to the Conndssion c]n Hunan Bights, on whose behalf the Ctrairman of the thirty-second session of the Comrission had ad.dressed- a telegram to the Government of Cbile, asking for the release of Mr. Montes and a number of other p/ A group of f59 prisoners were reported by the Intergovernment a.f Conmittee for European Migration to be in that category as at 30 Jr:ne 1977. See ICXM document Hq 19216 /77 . 10/ EL Mercurio . 2) l'!ay f97?, El Cronista, 211 ltay !gT7. I! A/32/r25, p. 3. -77- proninent Chileans t?/ (s"e A/3:-/2j3, para. 216; E/cN.l+/u88, para.. 85; E/cN.\/r??1., paras. tt8-1l9) . 1?7. According to a stetenent by the Covernment of ghile, it acc.cLled "to a request by the Governrnent of the Fetle"al Republic of Gerrnany which had officiaj-ly inforned it that the release of Montes would. secr.re the release of fl- political prisoners in the Gema^u Denocratic Republic'r. ]3,/ On 20 June )-9'17, aftet thc release of Jorge l,tontes, tbe Goverrnent of Chile ststeal rrthat at this time there is no one detained under the Law of the State of Sieee in Chile". 1\/ C. lxpuJ-s ion snd return fron exile 178. 0n 12 April I97T the Governnent of Chile, in a note verbale addressed to the SecletarJr-Ceneral, stateal that it had received., up to 9 !'ebruary 7977, 68 appl-ications for permission to retr.En to the country from persons who had left seeking asyh:m or pursuant to orders of expulsion. Of these, the Government reporteal, 28 haal been granted s,nd. a. further 28 were unde" study. A list of the nanes of the persons concerned. fias attached., and incluaied the 12 whose applications had been reJecteil (see annex )C,WI). I79, In its report sub4itted to the Gene"al Ass enxbLy at its thirty-first session (A/3L/253, chap. VII anrd annexes XXII-)Off) the Working croup related the circuostances surrouncling the expulsion fYona Chile on 8 June 1976 of two eminent Chilean. lavy. ers, !b. Eugeuio VeLasco Letelier and }dr. Jaime Castillo Vel-asco (ibid,, paras. \eb-[32). Ttre observations of the Covernment of Chi]-e on tbe Working Croup's report (A/C.3/3L/6, et:rap. fV, sect. C, and chap. -(.llt A/C.3/3L/5/Aaa.t, annex 3-) ecknovledlged these e4)ulsions and. append.ed. the decisions of the Court of Appea"ls and the Suprene Court reJecting, on 17 August a.nd. 2! August 1976, respectively, the rrrits of g4g conteEtiag the expulsions submitted on behalf of these two Chilean citizens, In its report subnitted to the Cormission on Hunan Rights at its thirty-thiraf session (E/Ctl,l+/1221, chap. IV) the wolking Group exarained the majority antl tlissenting opinione of the Court of Appeal-s (ibid., paras. 213-?2\). The naJority opinion stated. that it was not necessary for orders of expulsion to include the factE a^nil consiclerations which Justified the view that the applicants were a danger to national security. T}te dissenting opinion of Jud.ge Ruben Galecio Gonez reJectetl thig contention, hovever, anal asserted that decree-1av No. 81, on which expul-gion ord.ers are based., confera upon the courts ttthe right of evaluating the p! For the text of the teLegran sent cn 20 tr'ebruary 1976, see E/?N.\/I213, decisldn I ()OAGI). See also pu".. t* (c) of Conrnission on I{uman Itights resolution 3 ()Oofi ) of 1p February tpl6. 13/ Note verbale dated 20 June 19?? from the Pexmanent l4ission of Chile to the Ihritetl Nations Office at geneva aaltlressed to the Secretarv-Generaf of the United Nations. !!./ Ibid. See also chap. III. r0ol:ives on vhicb the public authorities base their discretionary pcwers, in order tc) remove any doubt that they are arbitlarily or i11egal1y exercise3". 15/ l8O. Tbe Court of AppeaLs referred in its judgeraent to the fact that it had been argued in that court that the "United Nations Coven€It on CiviL and Political Rights, vhich ttown apply to nationals lays that expulsion from a country cannot ' constitutes a treaty inasmuch as it was ratified by our Government in February 1972 and. has been in force since 23 March 19?6, tbat its application must prevail over national- legislation, and that it aecord.ingly has had the effect of derogating from articLe 2 of decree-l-aw 81". The Suprene Cou?t in its decision stated, on that point, that 'rthe fnternetional Covenant on Civil and Po1itical Rights adopted by a resolution of the twenty-first session of the Genera] Assenbly of the United Nations on 16 December 1"966 ..' has not been promulgated as a 1aw of the Republic and' for that reason, cannot serve as a l-ega1 preced.ent to Justify the repeal of article 2 of d.ecree-law No. 81 of 19?3'r. l-81 . lbe fact that the Covenant, which r'as ratified by Chile on 10 February 1972 and vhich entered. into force on 23 March f976, 4! has been denied. any legal effect as regards the internal, oraler of Chile poses serious questions concerning the j.nternationaL legel comritneats of the covernment of Chi1e. fhe declaration of the Government of Chile to the effect that Chi.le recognizes ancl respects the Covenant (A/c.3/31/SR.l+6, para. 19) ana vill- continue to perfor't'r its obligations uncler the Covenant (A/c3/3f/6, chap. XII, sect. 5) appears to be in sharp contrast with the internaL legal practice and the actual situation in that country, IB2. The Group wond.ers how it is possib]-e to give effect to the rights recognized in the covenant if the courts deny it any 1egal effect in the i.nternal order. Furthermore, the rj. ghts and duties contained in Constitutional Act No. 3 confLict sharpl-y with the prorisions of the Covenart. In order to flll fit its obligations und.er article 2, paragraph 2, of the fnternationaf Covenant on Civil and Political Rights fZ the Govenc.ment of qhile has tbe obligation to take the necessary steps to adopt such legislative or other measures as may be necessaqr to give effect to the rights recognized in the Covenant. fn eny event, it is the firm opinion of the 15/ This antl the succeeding quotatj.ons from the decisions of the Couxt of Appea^1s ard the Supreme Court in respect of this litigation are taken from the texts r.rhich appear in A/c.3/31/6/Add.1, annex 3L. 16/ In a letter dated. t8 August 1976 addressed to the Secretary-General of the United Nations by the Minister of Foreign Affairs, the covernment of Chile states that as a consequeace of the procLer€,tion of the state of siege, the rights referred to in articles 9,].2. f3, t9 and 25 (t) of the Covenant on Civil and Politicsl Rights, l''hich Chile acknowled.ged. it had ratified on 10 I'ebruary l-972, have been restricted. t7 lrticLe 2, para. 2, reads: '\'Ihere not aheady provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessa,rlr steps, in accordance with its constitutional processes and vith the provisions of the p"esent Covenant, to ad.opt such legislative or other measures as may be necessery to give effect to the rights recognized in the present rl Covenant . -79- froun tliat ncr'i thir.L blte Covenant has entered. into force it establishes the obligation for eny state that has ratified it to respect antt to guarantee to alf individuals within jts teritory, and subject to its jurisdiction, the rights recognized in the covenant (see articr-e p, para, 1, oi ttre covenant). No onission of the executive, no d.ecision of the judici."y diminish the extent of the international conmitment of chile to aliae b1r the"an provisions of the covens't. (see further E / CI{ .)+ /Vzf , paras . ZI3-1ZI+ , ) 183' tn December 1976 Jaime Castillo Velasco presented. to the Chilean consul-ate in Caracas petition '.Venezue1a, a to return to Cfrite; in laay f9T? the Government denied. this petition; a writ of amparo contesting the denial was presented to the Court of Appeals on Mr. Castillo Vetisco's behalf on 2A June fgT|. Ig t8l+' tn :Ypporl .of the petition it was urged. that receotr-y a series of new facts had come to light "in accord.arce vith r,rhi ch ii is no longer possible to justify the maintenance of an order of expursion fron national terriiory against the citizen wbo is not in any of the situations provided for antl who is thus piotected by nati.onal and internationar lav'r . a)! lrcng the 'new facts r enumeratea' in tne peiition zo7 vere the promurgation of the constitutional Acts in septerrber 19T6 -; inaicaf-ion of legal norrnality; statements by the president of the Republic, the Ministers of Foreign Affairs and the rnterior to prisoners. the same effect, and rereases of political Tt vas further contended. that the rnternationa,l covensrt on civil and Political Rights, the relevance of ffhich had been reJecteal by the courts j.n I'fr. castillo velascors previous appeal , and which is inconpaiibr-e with decree-lav No. d1, is ad-mittedly in ful1 force in chi1e, various oth-r argurnents, turning on the non-renewal 0f the order of expulsion upon the d.eclaration of a new state of siege, as vell- as the tacit repeal of decree-l-aw No. 81, were pressed upon the uourf, . 185 rn JuJ'y ' 19?? the court of Appeats again reJectecl the writ of ry. presented on behalf of Jaime Castillo Velasco, and that decision ras affirne-drrna.nimously by the Supreme Court. D. The situation of refugees 186..rn-its l-ast report to the Generar- Asser'bly a',d in tbos e subnitted to the corrnnission on Huna.n Rights, the working Group Lbserved that no preci.se inforrnation had been recei.ved as to the totat number of ref\:gees who have r.eft chife since the events of Septenber 1973, In those reports, *" in its current one, the Working G-rouF-has.had to rely upon statistics furnisfrea by the Office united High of the Nations Comissioner for Refugees ( fnVffCn ) and by the Intergovernmental Conmittee for European Mi6ration (ICEM). As in the past, ihe rlata received fron these f.8/ I,a Terce?a de l_a Eora, 23 June 19?7. 19l El Mercr;:ri.o , f Jufy I9T?. 20/ [L Mercurio, I Ju]_y 1977. a^ organizations reflect only those persons who have been resettled or vhose cases are being prccessed. und.er their auspices. According to ICEM' as at 30 June 197? the total nmber of refi-rgees so reported to have been resettled f"on Chile since 6 October 19?3 was 22,7)+8" 2r/ 2,522 of vhom had been resettled during the first si.x months of 1977. UNHCR activilies in Santiago d.uring the current period have focused on reuniting famil-y nembers vho had remained in Chile vith the refugee head of farnily vho had settled in another cor.urtry. 22/ E. Dipl-onatic asylum IB7. The Intergovernmental CoDmittee for nuropean Migration reported that as at 30 June ISTT four persons were in asyLrm in enbassies in Chile. 23l The case of a nar wife and seven-year- fsmil-y of three - Rafael Gonzales, a forner roilitary ' his old son - was brought to the attention of the Working Group. 91 I Septenber 19J5 this fal[i].y vas gi.ven refuge in the Italian Enbassy in Santiago. They have renained tbere for a.lnost two years, during which tine the Chilean Government has refused to grant then safe conduct to leave the country, Their living qualters in the offices of the ftal-ian Chancery are unsuitable for a J.ong confinenent; the child' particutarly, is reported. to be suffering from lack of fYesh air, schooling and nornal social contacts . 2)+/ F. Passports I'valid. only to leave the countrytl 188. the working Group, in several of its prewious reports (A/1o285 para' tB1 ; n/cN.\/r1BB, para. rao; A/31/2r3, paras. )+17-)+zL, E/cN,\/1221, p8.ras.' 225-226) lnad. drar^'n attention to the practice of the Government of Chile of endorsing the restriction "v61ido s61- para salir del pais" (vslid only to l-eave the country) on the passportsffi ea. Having become affare of the difficuJ-ties experienced by Chileals travelling with such documents, the Government stated that on 2l Septenber 1976 the Presialent of the Republic had instructetl al-l Chilean consul,ates "to extend and renew the passports of all Chiteans, omitting the stateroents vhi ch caused problems or troublerr (A/c,3/3r/6, chap. VII, B)- 189. Durine its recent mission of inquiry (u-29 Jufy I97?) the Working Group hearal testimony from six witnesses who appeared before it and reported tnat d.uring 1977 they had been issued Chilean passports bearing the restrictive endorsement: "Va1id only to leave the country'r. Ttrese passports 'were exhibited to the Group; a specialen copy of one of them is annexed to this report togethe" with the names of the other Chilean exiles who testified to this effect, and copies of whose passports the working Croup has in its possession (see annex )0,VIII). 2V Provisional report on movements effected by the ICEM r:nder the specie"l prograrnx0e for resettlement fror0 Chi].e 8Jrd other Latin American countries, Hq \92II/ 71 . zZ nl>gAT , pa,ra. I72. 2Y ICEM document Hq l92l.6/'f7. 2l+/ Tnter-nress Serviee- 8 March l-9??. -81- 190. the questioa of the co'tinuing practice of issuiug restricted passports ras raiseal at a neetiug of the worklog croup attended by a delegatiott or tni Government of chile on 25 July 19?7 in Geneva. on that occasioo the ctilesn c,overamenr representativ€ accounted. for the issuance of auch passports as a rvery 'comonplace bureaucratic error; the eonsulates receiverl the ortter of the covurnmeot, bot it .rn s not conmuDicated to sone roca,r authorities who issued passporgsr. ,anyone ttre 6nirean representative also stated tbat who has a passport with this sentence caa go to the appropriate Chileen conEu.l_ate to have his passport changedfl. L91. rn this.connexion' the wolking Group has received testinony fron chirean refugees living in the Uliteal Kingaloe to the effect that the British authorities dealing with refugees have aclvis ett against the or exchange by Chiteaa refugees of their chilean passports on the ground.s"enewal that this night their status as refugees. ;loparaize O^ VI. TNTS,I,ECTUAI FREEDOM ATD qU!ruBAL RTGHTS 192. Ttre working Group reported to the General .A.s senbly at its thirty-first segsion on the situation of the rnedia, religious organizations, politicaf g"oups antl educational institutions in Chile (A/3.!/2r3, peras. )+l+9-l+?6). fn its observations on the Working Group's report, (A/c3/3r/6, ehap. IX), the Government of Chil-e stated that there had been tta considerabfe increase in academic and cultural- activityrr (ibid., sect. A), furnished statistics on r:niversity enrofment (A/C.3/3L/67Add.i, unnex :li) ana denieil the existence of "control or censorship of radio and television infornation rneaia" (a/C.3 /3t/6, cnap. IX, D). 193. In its report, subd-tted to the conrnission on Hunan nights at its thirty-thirtt session (E/CN,\ /I22I, chap. VI), the working Group recalled General As senbly resolution 31/121+ of l-6 December f9?6, vhich again calted upon the Chilean authorities to guarantee the rj.ght to intellectual fI.eedom, and resolution l-\.1, ad.opted on 29 Novenber f9?5 by the General Conference of UNESCO, vhich again urged the Chilean authorities to restore and safeguard the hu.man riShts set fo"th in the Universal Declaration, particularly as regards education, science and culture (ibid., para. 2U+). The ltorting Group in that report observed a deterioration of th-equafty of education, a reduction of educational- facilities, linitations on areas of study, a arop in enrolment, and a cut-b8,ck in teacbing staff (ibid', paras, Zl+?-a51). 1rhe imposition of sanctions against the news media vas foun4 by ihe G"oup to be only sporadic, since the practiee of self-censorsbip by the netlia natle it genera)-ly unnecessary for the l-ocal military authorities to impose the penalties prowided by alecree-1aw No. 1281- of 10 Decenber L975. TtIe Government of Orif" in its observations on the Working Group's report (E/CN.l+/t2hT, part one, A, VI) contendeat that "the freedoo of a cor.tntry cannot be proved by statements from its rulers or the vording of its ]-aws but on1y by what is in fact happening" ' The Governsent pointed out the appearance in the press of views and reports critical of government positions as illustrative of the existence of real freetlorn of erq>ression. 19\. During its current exa.nination cf this aspect of hunan rights in Chile' the Working Group has found that the cu"rent period has been marked by significant developments in this fiefd: new legislative restrictions, as well as practical lilritations on the exercise of intellectuaL freedom and" freed.om of expression, associati.on and assembly. A. Ttre nass nedia of comrnication 1"95. As the Working Group has observeal in its previous report, decree-Larr No' ]2Bl of 10 December Ig75 e ve the nilitary authorities broad power's to exercise discretionary control over the activities of all- conmnmications neclia 1/ 1/ the i}ecree emPol'ers nilitary authorities to suspend for up to six tlays comunlicatitns med.ia vhich disseminate opinions o? news vbich, a.none other things ' tend to create I'al.srm or d.isgust" €mong the population. /.., -83- (E/CN,\h22L, para, 255). Self-censorsbip had generafly maintained a balence wittr the potential- interference of d.ecree-lav No. 1281. Reliabfe evialence received by the Working Group indicates that the recent restrictions on the freedoxo of the press anal publications have been a reaction to the increasing public d.ebate on the econonic situation and the nounting expressions of concern both inside Chife and. in international- forums, about the fate of missing persons. 2/ It is reported that \the of the restrictions on the dissemination of infornation has been that the "esu]-t genuine probl-ems of Cbilean society and those of the rest of the vor1d. have been ', removed fron public attention. The pl-ace of the controversial topics is now \ occupied by coverage of non-controversial events - celebrations, n&turaf \ catastlophes, a.ccid.ents and sports. 3/ 196. At a meeting of the Working Group on 26 July l-97?, attended by representatives of the Governrnent of Chi1e, a. number of recent Chilean periodicals, covering a number of subJectsr were presented to the Working Group by the Governnent rs representative as evid.ence, according to the Goverrurent, of "the free discussion of political problensrr in Chile, L. Radio l-97. 0n 2U January f9?7, by order of the Chief of the tuergency Zone of Santiago, Radio Presitlente Salmaceda was closed aovn 1+/ (see chap, II, paras. 58-59). fhe decree vas based on the fact that the Christian Dernocratic Party, concessionaire of the radio station since 2 I'riay f)12, had been declared to be in "recess" by decree-1aw No. 78 of 11 October 1973. It was observed by the acting tr)Tesiatent of the radio station that it was sr.uprising that after more than three years of t'recess", decree-law No. 78 should be used to silence Radio Presidente Ba-lmaced.a vhen aluring those three years the Government had been vell aware that its ' concessionaire $as tbe Christian Denocratic Pafi:y. \l ft vas a].so observed that decree-lav No, l8 I'expressly respects the ovnership and atlninistration by the political parties of their goods, and the concession of Rad.io Presidente BaLmaceala is otrned by the Christian Demccratic Party and is administered through a corporation intlepend.ent of the ps,rty, whose governing board ancl executives have had dealings arith the goverrment authorities on many occasions!'. 5/ 198. The efforts of the ovners to obtain l-ega1 red.res6 against the nilitary rlecree vere fruitl-ess; the "remedy of protection" r.rhich coul-d have afforded them an 2/ ttlntel-lectual freedom and f"eedom of the pressrr, Inter-press Serviee, 20 May t977 , 3/ "fhe fact and its context'r, Mensaje, 6 March 197?. 4/ See EL Mercr:rio, 30 January 1977, folr text of the d.ecree. 2/ rbid. o/ rDfo. -81+- avenue of recourse fias rendered inoperative by deeree-law No' 168\, of 28 January 197?' promulgated on the sa[e day as the nilitary authorities closed a""" i.afl a"ui""aa (sJe cuap' II, para. 5B). Tt should be noted that this occurred some six reeks before the enactment, on 11 March L977, of decree-lav No. 119?, a'hich dissolvetl the political parties. have been widespread' and' generally 199. Reactions to the closing of the station I'For unfavourable. An ealitorial In EL Mercurio stated: the infornation media and this neasuxe is a violation of the for the organizations r.pr.".ntli|iiGidisll ' freeclom of infornati.or, rhi"h is r-cognizetl by ou.r country's constitution" ' f-.tl , ful 2OO. In an o"a1 statenent nade before the Worki.ng Group at a meeting in Geneva on 26 July fg77, irt respoose to a question conce:rning the closing of the radio station, the representative of the Governrnent of Chile stated': logical that "nov that the Christian Dercocratic Party is dissolved, it is not a rad.io bel-onging to this party shou].d continue broadeasting and carr?ing out political ea.npaigns ". The l,Iorking Group notes, horrever, that, vhereas ttre dissolution of the political parties alitl not iake place until- 11 March 1977, Radio Balmaceda h''d alreadv been 'closea dovn on 28 Jenuary l-9?? (see chap ' II' paras. 56-10)' 2OI. At that sa&e meeting, the Chilean representative also renarked that: notevorthy that under a nilitary r6gime 1i-ke tbat in chile " ' in the "it is has course of four years of nil-itary government, only one broadcasting -station been closed d.ovn, in a country wtricn rras tu,th." tot" than a hundled stations". the report submitted by the Working Group to the thirty-first session of the In 180 radio c..,"i.r A'ssemblv (A/3L/252, p""" ' !69) it was stated that there had be€n stations operating in Chile before the couP and that l+O of them had since been closed. d.ovn, Ttre observations of tbe Government of Chile on that report (A/c,3/3L/6, cha! ' fx, D) while generallv criticizing the working Group's assessBent of the situation ot Ctrilean radio a'nd television, did not challenge those statistics. ?/ El Mercurio, I Februa"Y 19?7' 8/ Constitutional Act No. l, article 12, provides in part: without prior "Freedom to express opinions and to disseninate information censorship, in Lny form ana thTough any medir:n, vithout preiudice to the that nay be incr:rred for offences and abuses connitted' in the responsitiiity the courts exercise of these freedoms, in conforrnity !'ith the 1aw' Hovever ' rnay prohibit the publication or d-issemination of opinions or information afiecting rnorality, public order' national security or the private life of andav]-duars. 2O2, It haa also been brought to the attention of the working Group that at the end. of March 1917, the raalio station L,a Voz d.e Osorno, o'^'ned by a foundation attached to the Sishopric of Osorno, was burned. dovn. The Local bishop, Monsignor Va1d5s, in a public statenent, wondered whether this fire and a further six fires in the prernises of church nissions cou1d. be considered. a coincid-ence. It has been observed. by autboritative sources that, with the closure of Rad.io Bal-naceda and the destruction of La Voz de Osorno, ladio Chilena, belonging to the Archbishopric of Santiago, is the only renaining redio station to naintain a critical- and independent position vis-d-vis the present Government . ?, Printing and publishing 203. 0n 13 March 197"1 , lbe Chief of the Eaergency Zone of Santiago issued bando No. 107, ord-ering ttrat as fron ths.t date no newspaper, Journal o" printed matter raight be issued. or ibported. without his previous authorization. For an examination of the legal antl constitutional aspects of this order see chapter fI, paragraptrs 71-73; the text of bando No. 1Ol appears in annex XLIX. Sirnil-ar nilitary orders vere sinultaneousJ-y issued in the other emergency zones' Pub1ic reaction to the enactnent of band.o No. 10? (see chap. II, paras. 72-73) has been highly critical. These ord.ers have been general-ly regarded. as further restricting the freedom of opinion and infornation by requiring prior nilitary scrutiny and approval for the circulation of at1 Chilean and foreign publications. 2ol+, The Director of Social Connunicati.ons of the Oovernment of Chile was reported to have erqressed. the Government ts view to the Board of Directors of the National Press Association on 22 March 1977; tt... the Government had not attenpted to restrict the exercise of freedom of expression in the cor.:atry, with the issue of @gg No. 107 . . ' the band'o I'as issued to fill a Iega1 void in ttle exercise of freedom of expression' He alse pointed out that it is not the Coverrment's desire to ban the circulation of nev publications basecl on moral and patriotic principles, containing infornation 'which contributes internally or externaUy to the country's unity on,a nraei i oa O / 't ZJ On 20 May 197?, the Director of the National Office for Social Connunication responded to the e:q)ressed. public concern with this statement: t'/-lfinls band.o was issued to give facitities to persons lrho want to write and do not knov ho$ to do so, and not, as is thought, to rest?ict the freedom of erpression. " 10/ 9/ HL Mercurio, ?7 Marcb 1977, 10/ "Inte[ectuel freedom and freedom of the press't, Inter-press Service, 20 Mav L97T . aa T'he Group finds that precisely such statements demonstrate that bando No, 107 was promulgated not to further freedom of expression' but rather to inpose additional adninistrative contro] on freedom of expression' 2t15. The Group has been informed that a publishing house, Aconcagua' after less than a year of existence, vas forced to close dor'rn in April 1977 for lack of a nunicipal permit to operate, Ttre enterprise was launched by several well-knovn supporters of the Christian Denocratic Party 6rrd financed by some 6!0 associates on-a co-operative nembership basis. Tts filst publications vere anthologies of u"=uy" urrd The l4rs!re1 lgffelfleq, containing tbe vorks of nev vriters' 206. AfLer duly filing its deed at the Registry of Cornmerce on 28 Ju-ty t9?5 - published in the Diario oficial two d.ays ].ater - Accncagua's ma'nager presented a request for a to the Mayor of los Cond.es in the Barrio Aato "orfiEiETiflEiilt mrnicipal se&or of Santiago. Tirne passed, the pernit was not granted ' and a inspector imposed a fine on the enterprise of )+'OOO pesos ( approxinately $200) for opeiating r,rithout a pernit. Subsequently, the Technical Connission of the mniciparity approved the request fo" a permit, but the permit was sti11 not issued. On l-9 Novenber f976 another fine nas inposed, this tine in the smormt of 8,900 pesos. After s.ppealing' the inposition of this second fine and renewing its request for issuance of a pernit, the publishing house was advised' on 2 March !977, by the Mayor of the Conmune, retired Arql Colonel Osvaltlo Alliende ' that Aconcagua wou1d. have to elose down since "it could not operate in a residentiaf districtt'. lV The determinstion was macle, according to the Mayor, "to conseTve the tranquil-ity of the inhabitants " 12/ of ttrc sector. It has been reported, however, that vari.o,]s other conmerciif establisbrnents are ]ocated in the vicinity. 2O?. on 2L May :-:g77 authorization was given for circul-ation of the weekly reviev Fublicaiion cf the authorization - in accordance vith ba'ndo No' 1"0? - E9JL. fnformation $feared together w-ith a statement from the Goverrment Office of ' which said in part : ',fhe National Division for Socia.l Cornmunication will examine careful-]y the background.' particularly the financial background, of the new publications in order to prevent any repetition of the lanentable practice of trying to nanipulatl the flee r,rill of the people vith the aid of noney from forelgn political parties or movement s interestea in other ains that are not strictly in keeping with the union and the development being sought for all unll-eans. I1t lI/ Inter-press Service, 8 ApriL 1977. t"t *tu. 13/ "Gcvernment authorizes circulat j.on of new review @", Inter-press Service, 21 May 1977. -B?- B. Ttreatre and. the €.rt s 208. The l'/orking Group has been informed by various authoritative sources thal: Sreat public concern has been expressed about a series of incidents which aifected a.production of Hojas de Parra, an original play by the prize_winning poet, Nlcanor Psrra. The play vas opened in a tent-theatre in the residential quartel c,f Providencia on 24 Feb"uary 1977. It attained. great public success, and after ttre newspaper La seg':rda descri.bed it as rran insolent and incredible criticism of our political Sevelopment ", f\/ tire interest increased. 209. 0n l+ March 19?? the Mayor of providencia banned. further perfornances of the p1ay, the stated reason.being that the theatre premises oid not have adequate sanitary facilities. 15/ On 10 I4arch, after renovation of the theatre, the authorization to reopd the prenises was given; this was followed, however, severar. hor,rrs later, by a ban on the performance of the p1ay. This new ban was reportedLy based. on the following grounds: "Authorization cannot be granted because the pJ-ay has created. a potentiarly dangerous clinate of emotion .. ," M/ On 11 March 19'17, at 2.30 a.rn., the theatre was burned dovn; a newspaper article reported that plastic letrol- containers had been found at the scene. and the fi.re was described as "intention^I,t. fl 210. ft has been reported to the Working Group that on 13 January lgj|, att er curfev, unknoan persons placed a bonb in an art gallery owned and airectea ly Paul-ine waugh, which, in addition to an exhibition of paintings, housed a workshop 'r+here dtarna, music and sculpture clssses were held, and an exhibition of cornpositions nade of thread and scraps by rn'omen fTom the poblaciones. 1be gallery had reportedly become a place for expression of artistic rea"tions to the situation in the country, and had reportedly been the subJect of repeated. attacks in the Chilean press, It was a].so reporbed to tbe Working Group that pauline Waugh was questioned. by officials of the DrNA, vho had attempted to coerce her into stating that the bomb attempt had been the vo"k of a leftist group. Her refusar- to subnit to these denand,s is reporteal to have 1ed to such intinidation and harassment that she felt compel,].ed. to leave the country. l4l The Guard.ian, l+ Merch 1977. 15/ Inter-press Service, ? March 19?7, t6/ lext provided by an official of the World Council of Churches, 17/ Ihe GuarAian, 15 March 19?T . oo C. Iducation 1. Restrictions on intellectual freedom 211, In tbe course of its exa.rninati.on of the educational- system in Chile, the llorking Group has received Tefiable evidence showing a continuing pattern of close control by the Government over the ad-ninistration of educational facilities as well as the intellectual content of the curricu}.:.m. Each university is directed by a rector-delegate lrho acts in the na.ne of the Junta antl who has unlimited autholity over the institution. Aly questioning of the systen, or of any specific d"irective o by students o? staff may result in disnissa"I and is, consequently, a rare occurrence. Teachers and students reportedLy serve as infornants for the authorities, a'ho are thereby able to monitor closely the behaviour of stu'Ients and' faculty. According to testimony received by the Working G"oup ttlis climate of intiroidation has created videspread. demoralization, even sJlong' those vho favour the present r6gime. 2r2. In its previous reports (A/31/253, paras ' l+56-l+57i E/cN.\h22\, para' 251) the Working Group noted ltith concem the v'id.espread dismissals of menbers of the teaching staff of various institutions. Dr)lring the current perioti, the practice is reported to be continuing but the type of personnel subJect to clismissal has ' researchers and stud'ents changed. Whereas after the events of l9?3, professors, - vho bel-onged to, or vere sympathetic to the parties that D8'de up the Unid'ad Popular *.tu .r;r.ilud , in f97 6 tfris ifpe of action vas tlirected against persons associatecl Recently disnissals appear to have been 1rith the Christian Dernocratic Party. ' based. s imply on tbe fact that the persons concerned do not actively support the present r6gine, The Group has heard testimony that it is not sufficient for a lrofessor io conduct tlims;lf and his courses in accorcla,nce {ith the tlictates of the aaninistration; he is also expected. to participate actively in extracurricular activities designed. to propagandize the present r6gine. Faiture to participate an'I to denonstrate active support has reportedly ]-ed to numerous disnissals' TtIe result of these dismiss"f" t.-" been a reduction in the quality of the instruction at most institutions. S€rples of this were reported with respect to the University of Chile: in ttre Departnent of Philosophy at Valparaiso only four of the former professors remain out of more lban 25, the vacs'ncies having been filled by persons vho had just completed their studies, and the Departldent of Philosoptty al santiago has retained onJ-y tvo of the forner professors out of a staff of ?5' In obher paJts of the country' where the teaching staff was drastically reduced' departments were sinply elininated. 213. According to testimony reeeived. by the Group course curricul-u:n is rigidly cont"olled; teaching or discussion of certain subjects' - ones vhich migbt erlgender id.eas inconsistent with the present r6giue - are prohibited'. A systen of student policing is irnposed and, Judging by the consequenees, is generally effective: ihoutA a professor d.eal- with forbidden subJects in his course' and shou-lcl the students continue to follow the classes, they are in danger of losing credit for completion of tb.e course. Students who studied under professors who were later u*p"tl.a have had their course credits annulleal and. have been compellea to lcepeat these courses. Sinilarly, this practice has been ertenaied to the annulnent of previously d.egrees conferred. r -Ro- 211+. The Group has received testimony to the effect that courses in national security have been introduced into the curricul:.n throughout the educational system, Reliabfe evidence before the Group indicates that suppression of ideological pluralism and acadernic freedom, in art atmosphere of fear and intirnidation, has resulted in intellectual stagnation. In this atnosphere, conmunication among the students and betveen the students and the facuLty has broken doun ' rt was stated before the Group that in the uni.versity of valpareiso an estimated 30 per cent of the student body is und.er psychiatric care - attributable in large part to the deterioration of the social environment. 2. Econonic aspects of education 215. Constitutional Act No. 3, enacted on 11 Septenber 19?6, provirles: "13. The right to education. "Basic education is mandatory. The State shalt naintain the free school-s necessary to that end and ensure access to roidttle-1evel education for those grad.uating from the basic level, the only criterion being the abilities of the cand i"d.ates . "The State shal]. l-ikewise promote the d.evelopment of higher education in accordance with the needs and possibilities of the country, contribute to its financing and ensure that access to it is deternined solely on the basis of the ability and suitabil_ity of the candidates." 18/ Althaugh the State does not conrnit itself to finance education iL its entirety beyond the basic 1eve1. it does ensure access to niddle-level- education for those graduating from the basic leve1, and it ensures that access to university education is "determined. solefy on the basis of the ability and suitability of the candid.ates". 19/ 216. Recent developnents in the field of ed.ucation, however, appear to indicate that the econornic policy of the Government is tat{ing precedence over the rights and duties stated. in the Constitutional Act. The access to ed.ucation of chilatf,en of niddle and lover-inccne fa:lilies is beconing inereasingLy restricted., Econoroic factors, and not the abilities of candidates, are deteroining vho is able to obtain an ed.ucation beyond the basic leveI. 20/ 1i1/ The full tert of Constitutional Act No. 3 appears in A/C.3/3I/6,/Add.1, annex 6. 19/ Constitutionaf Act No, 3, para. 13, 20/ Solidaridad, No. 21. -90- 21?. An exanination of the economics of ed'ucation reveals tn?l-T:?:1"1-::"::' of education a sreater financiar tras to ;i;i##H'ii"" r.i.r".."r support ,. tt,i.,^6+i_br:rden ^-- the M ^3 ^- ;#;;"";""in""".iu."ii.-.nt-#; t'eeinnins or .::977 ii:tT :1.::::::i?: universitles *oi:-a irpo". a systen of fferentiatetl fi"ffi::a"i#'rn"'*ii""" . of^r'di the students' as ;;"";;;;;;;"" the so"io-e"ononic situation . ,/ nL^ ##ffi;r;;; "iii, ^r ;-;.ir-ii""""'"e policv ror. :':111-":19"::'.,€+4. *' ffi;':ifi:1.";;:;;i of pavnents for the fjrst teru ot 1977': #;.t ";ii""i."- il""-""t"gories Matriculation A 1'9oo lesos (ful1 tuition) MatricuLation B 1'300 Pesos Matricule'tion c 700 Pesos Matriculation D 0 paid by a}l (Tn addition' there is a conpulsory fee of 5OO pesos to be students at the beginning of the acadenic year') gave fo? concern A systen of government subsidy based upon abi].ity to pay no ::'use ' but what did create *id.;;;; public ieaction *as tnt fact that :n:,11:::"1:f: "f ;;: ;;;;-;;"-e"i"p-*." rixed.a ?rieri' lt was :::-?::t:*u^:l?: "il;;i-#;i;liini""i"ii"i"""l.'iu'o.-i"-'uiii""-r"tio" n?It::-t::.:"1:* #"ril"ffi; B,- p'vi"e':t6oil"ll-l: ?3.nI1: i:il.";";;:,'i;;;"";;;;-;;;p;;";"':;"::.i'ri-i""in-i,-r:i':: ry:l':'!..?:l^:":1.'" lii"i'.l'ili'li"?l; ii"il i"tu'tio" to tbel:^':*:*,l"i:--z{ economic leveLs ff::: ;":3iT.;;#;;;'are repoited to bear "o a'ithin the student body. cost of university education reachetl a 218. It is reported that the increased to be paid' crisis point at the end of ftlty l9ff, when the f-i-rst ternls tuition had rfro ..i"itufu.ted at the University of Chile, f0'385 Of the 5r+,394 students benefits of some type of grant. The administration authorized the requested thus' requests for "rlif ferentiated natriculliio"" io on:,:y 2r"926 students i were denicd lhe Group has no financial assi.stance fron 1B,l+59 students ' aid' information concerning tfr.-"iuoi.ta" applied. in denying this financial of 219. A law stualent, in a letter to the rector-delegate of the University Santiago, expressed the concern of many students: be sure of reraaining in the "On1y those who have econonic means can vital to University ... Are tn" p"""ilifities of training professionals not tne s ne way as the cadres of the armed folces the future or tne cor:ntry,'i,,di"p"o=abfe in I receive free training, eiements to ensure the countrxr s It is ""=logical- "u.rra ttit to ensure the access of the nedium soverej.gnty? ... the case in and l-ow-income levels to higher education, as is quite rightly the institutes of the natioits armed forces"' 23/ 2V Solid.aridad, No. 20. 22l S.lidaridad, No. 21. 2Y solidaridad, No. 20. 220. The reduction in governnent support of educstion in general is clearl-y alemonstrated by an examination of the comparative budgetaxy extrrenditures on erlucation during the period. 19?O fo 1976; 2\/ Current bud.gqtary expenditures on education (in thcusands of constant 1969 pesos) 1970 ?,675 1971 +,JO) 107) 4,Il-b 2,886 'l o?h 3,229 r975 ) L)a 1976 r,9zo Deflated by eorrected consume? price index. In I97 6 a rate of inflation of 115 per cent is assumed, to conpensate for the d.ivergence in data betveen the source for this tabLe and. those for previous tab].es, ODEPLAN, Chilean Nationa* Planning 0ffice, l+ Decenfter l9?5. The tlininution of the Government ts financial contribution to university education has been h per cent in real purchasing po'wer between 19?l+ and 1976, and, there is reporteai to have been a proportionately greater reduction in government e:qrenditure on the public University of Chile than in the subsidy to the private Catholi.c un]-versr-ry. z>/ 221. The Minister of Education has a.1so announced. that in 1!f8 seconttary school pupils vi11 al-so have to pay graduated fees; Ievels of paynent from conpfete exemption to fu]I tuition will appLy to a basic nonthLy tuition of 310 pesos. The effect of this system on the constitutional right to second.ary education for aLl- who complete the basic leve1 is yet to be assessed. An examination of secondary school matriculation statistics d.uring recent years has shown a d.isappointing dininution. llbereas enroLment gr€w by 6.2 per cent per year between f965 end l9?3, it dropped by 0.1 per cent in lpf& and by O.\ per cent in l9?5, despite an increase of 2.5 per c -.nt in the number of children of school ase. 2\/ "Cfrl.ts chronic economic crisis: l97b and beyond", International Policy Repoat, vo1. II, No. 2 (Septenber 1pf5), p. t- o. 25l E1 l,{ercurio, 1T April 197?, -o2- YI]. ECONOMIC AND SOCIAL RIGHTS A. Econornic right s 222. lhe Working Group, in its report to the General Assenbly at its thirty-first session (A/3f /253, chap. XI)' noted an inprovenent in certain areas of of th; Cbilean ec onomy and the announcenent by the Government of a series econonic measures. In its subsequent report to the conrrission on Human Rights at its thirty-third. session (E/cN.\/1221, ehap. VIr) the Working Group, renaining nindful of Chile's statue as a developing country and of the unfavourable international" economic situation that has prevailed in recent yeaJs, emphasized that its concern continued to be the economic and. soeial policies Pursued by the Government whichr in the Group's opinion, have caused the burden of the econonic and. social difficulties to fal1 to an excessive extent on the poorest stlata of the population. 223. Tn its observs.tions on the above-mentioned reports of the llorking Gl'oup @7c.2/Z:-/e chap. XI, and E/cN.\/12\7/Add.l, chap. Vr) the GovernDent.of chile fu"nished data" on its expenditures on social develoPment n housing and increased' iltr)loynent . 22\. Fo]. the preparation of the present rePort the working Group has bad at its disposal substantial docunentary evid.ence concerning' the culrent economic situation in Chil-e; it has exalined infornation providetl by the Governnent of Chile !/ and the analyses of experts appearing in reputable publications, comparecl relevant statigtics and heard testiraony of Titnesses, Inasmuctr as chile has received substantial foreign econonic suppoxt o the situation of the economy has been the subJect of far-reaching scrutlny and' analysis in various quarters ' The current st8,te of the Chifean economy is one to occasion grave concern. The Working Group" it should be noted, has confined its observations on the econonic situation to those sreas in which, through govern:nent action' deterioration of a difficult situation or d.eprivation of econonic rights of the lowest economic strata of the society has resulted. 1. Bnploynent 225. I\e proble& of unemploJ/ment, which has characterize't the Chilean econoroy since 1973' lersists. The unenploynent index for Greater Santiago, recorded at 13.6-per cent by the Departnent of Econamics of the University of Chile in Decenber 1976, rose, according to the s8,I0e source' to 13'9 per cent in !/ ldot e rextale dated 12 August 19?? fron the Permanent l'4ission of chile to the U-nit ed. Nations Office at ceneva to the Secretary-GeneraL (see annex X)o(). -93- March 19?7. 2/ f]rle National Institute of Ste.tistics, which records such d.ata on a quaxterly basis, reported unemplolruent at sl-ightly over 13 per cent for the last quarter of f9T6 and at slightly unCer 16 per cent for the first quarter of f977. 3/ It is believed., horrever, by some analysts outside the countiy, that the actuaL rate of unenDloyment is close to tvice the officjal figure. )+/ To any unemplolrment figure must be added the -Large number of Dersons who have left chile since the eou-o in search of work; an addir,ional part of the labour force is in exile for political reasons, It is reported. t trai tne ryT\_LgT6 rate of enigration lras five tilres that of I97I-:I973 and persons " that approxiroately 1O,OOO nonthly present themsefves at cubassies in search of enigration possililities. 5/ 2?6, T]r'.e current status of the covernment, s Fl_an del Erpleo l,{inin0o (p$l) !Ylll.., l Fnplolxnent Progranme ) (see n/CN.l+/l2eI" paras, 261 and 261+, and E/crl.4/rd+T/Add'1, ctrap. vr (a)), which was iniiiited to provid.e employrnent for the unenpl-oyed, vas described recently in a statement by the ldinister of the fnterior on the soci.al action policy of the Goverment: in April 1926" 139,000 persons (I25,OOO men and 14,000 vomen) were working for pIM; by February 1977, the nur0ber of \,/orkers had. risen to 21?,000. The pnt proJect is suppl-enent ed by food progranures 6/ - some under the ausoices of the United States Agency for -r,ternational_ Devel_opnent (+]-D) - treining courses, publieity to stimulate pubLic interest in submission of new projects, and various public vorks and conmunity service projects. In addition, pEr4 has played. its part in settl-enent and. provision cf facilities in marginal cornmunities, rural developnent assisting the corporation for chil"d Nutrition, and. other social and civic activities." '7l 2" trIages and. inflation 227 " lL,o- PEM progranme has given some relief to those benefiting from it, but its parti.cipants cannot be excluded fron any real computation of unemploynent, nor can 2/ E1 Mercurio " 23 May L9IT. 3/ Solidarid.ad, No. 19, p. I0, ci.ting tuciua. t'ChiLets l+/ Center for International policy, chronic economic crisis: 1976 and, beyondx , I+ternat i onal Pol-icy Recort, vol. II, No. 2 (Washington, D.C. _ " Deprenoer -Ly I o,l . 5/ llat ional Union of Mineworkers, Report of the delegation to Chife and Bolivia, 21 April-J tvlay 19TT (Iondon, I97T). This report l,'as presented. to the VJoxking Group by a member of the d.elegation which had visited Chile, and he gave an eyew-itness account of the matters covered by the report, 6/ tt was reported. in May 1977 that food. parcels und.er the pD,{ progr:anme had not been distributed in Santiago since January IlJf. Chile Connittee for Hunan Rights, Newsletter No. _t5 (London, May lgTT). ?/ For the fuII text of the statement, see annex L. their incone level be considered as approaching that required for subsistence. j.o (parr' 2zo) lnvei'15 that tl e 'l.n^TFe^a i.lrF eArninps ^l-art r"r\i nh nr^ncct"s belorr Pn4 group (f7?,OOO persons at the time of tabulation), representinS 5"36 per eent of the work force, earned only 505 pesos monthly - less than one half the cost of the rrfamily basket'r (see para. 280)" In hiring workers under this plan, the 0ovel'nns:rt it self suspends application of its or"n legislatior- re,oaroing pension scheues, health scheEes and, of course' the mininum t/age scale' lL hes heen reported that employers have been perrnil:ted to 1ay off their regula nlolk force and then rehire the same employees under the PEI progranme, thereby depriving the vorkers of their normal benefits. B/ 228. There appears to have been a drastic reduction in the workersr share of national income and in the purchasing power of wages as a result of the increasing imbalance betiteen the rate of inflation and. the ad.iustment of vages" In a study prepared by the NationaL Federation of t'liners, 9/ the mininurn amount requiTed ($us simply to feed a fanily of five in April \977 wis L,727 "51+ pesos BB.Ba) per month. At that same time the minimum wage vas 1,190.00 pesos' or 5B'! per cent of the cost of food at the subsistence Level" The surl r"a s calculated on the basis of 17 basic fcod-stuffs and made no al l-otlance for thc co:lt of rent, healt'h services, cfothing, education or any other essential needs. In the sector visited by the defegation from the National Union of Minevorkers, the average monthly vage vas 1,025.00 pesos in April f977; wages could not be supplenented by holiday I'ork, and when unsold inventory exceeded l0 per cent of production' the miners vere compelled. to take "holidays". l0/ 229. Every three months the Government announces automatic sala]'y adiustments; in Aprit a r,rage increase of \ per cent was announced - r,rhich fetl short of the loss of buying=power as a result of the rate of inflation since the previous wage increase' Within a few d.ays of the r./age increcse" oo-reover, new price increases for basic food-stuffs were reported' Consequently, an average fanily (vith an income of ],025.00 pesos) wou1d. spend. about 252 pesos a rnonth on bread alone' ]t has been estimated. by some sources that inflation may reach 80-100 per cent this yeax. 23O, It was reported to the Working Group that at the same time as the Apr il- wage increase of )+ per cent for workers r,/as announced., a salary increment of )+O per cent vas given to bigh-ranking public officials and to certain other white-collal emp]-oyees. 23I. As seen by some anal-ysts, the repercussions of the Government's economic poticies are nanifoLd. A serious recession has taken p1ace, particularly in the industrial sector, as a result of the sharp drop in dornestic demand caused by the u Quoted 1n National Union of Minevorkers, . o. :it." p" ll. 9/ p. ?2 ro/ rbid. -95- rapid decrease of 'real wa€eslr, Domestic ind.ustry has also suffered. fron taLi.ff liberafization and the consequent entry of foreign goods. This phenonenon has proropted. the Church to speak out in this manner: "Ife understanl that tlie economic reconstxuetion of a country ca11s for greaL sacrifices from everyone; neverthefess, the peasants, workers and sebLlers appear Lo be ocarirG an excessive and d i sproport ionat e burden. "Others, on the other hand, are lraking money vithout vorking by speculation or usurious interest, "The church has condenned- usury and excessive gain which deprives the weak of their bread, and this condemnation is stiJ-l vaLid." 11/ B. The human rights situation and. its effect on the economy 232. It is to be expected that Chile r,rill remain depend ent on international financiaL aid at l-east through the 1980s. 12/ Even if such financial assistance were Lo rernain ab current levels, Chile's econony vould remain paralysed by its high debt service bu.rden, its inability to attract prod.uction eapital and the continued pressure by foreign governnent s and international organi.zations to isolate the Government because af the repo/ted violations of human rights. Recent developments, particularly in the United. States Ccngress, suggest that external aid to Chile r,riII be substantially reduced unless the issue of huoan rights in Chile can be resolved to the satisfaction of investigatory organs of internationaf organizat ions , 233. The United States of America, which represents, by far, Chilers fargest source of forei.gn financial support, has had strictures placed on foreign assistance progranmes requiring congressional approval. The so-called "Harkin pffccf.iwp pq a'npndmcnt'r fl om fisea.l vpA.r ,)tv,rq?6- Lorovides: "(a) I'to assistance may be provid.ed to the govefnnent of any country whici: engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhunan, or degrading treatment or punishment, prolonged detention without charges' or other flagrant denial of the rieht to J-ife, Iiberty and the security 11/ Stater0ent on "Our national coexistence' by the Permanent Committee of the Episcopal Conference of Chile, published in EL Mercurio, 26 l4atc]n l-9?T (see annex ,\'_r tl J " V/ Center for Internationat Policy, op. cit', p. 1, relying on confidential reports from the World Banh and the fnternational Monetary Fund and data from the OAS, the lnter-American DevelopnenE !ank, the Chilean Government and the executive and. legislative branches of the United States Goverr tent. t... -96- of person, unless such a.ssistance itil-l directly benefit the needy lreople in such ccunt"y. rl Aside fron congressional consideration of -*rhethell the Goverrulent of Chile does violate its citizensr hr:man rights, 1l/ a report of the Comptroller General of the United States casts serious doubt on rhether assistance has been directly benefiting the need.y people in Chife. lV 231{. With respect to one programe of the United States Agency for fnternational Development (AID) which was examined., the report states: "At one co-operative visited-, we I'ere not able to obtain infornation on how many smal1 farm owners lrere benefiting from loan funds. At anather' ffe learned that sone pcor faruers who had purchased Land in the late 1960s vere now co-operative ovners. They were working the land and paying olf the mo?tgage to the former land ovner. " 15/ As concerns a food donation progratnme: r\,le visited. three ... food progra:l sites: two schools and a nursing school to see vho was participating in the progr€.n. We observed that the school"s were located in poorer areas of high unemplaJ'nent but lne could not detenaine if the most needy children were actually receiving' the donated f ood." 16/ 235. With reference to a housing investment guarantee p"ogramne under which loans were to be used to construct hones for members of hOusing co-operatives, a ninirou:n dovn-payment of 10 per cent is required. - equivalent to $250-$500 in nost cases. whe?e a mininun wage of $)+7.9a to $Tg.Bt month is earned by 50 per cent of the population - 21.86 pe" cent earning less "(see chart' para. 279) "chile's poorest people are not expected to participate because they could not afford to buy houses to be constructed in this programm"", ]11 n6. A6 conceTns the over-a1l view of ATD progrannes in Chile, the folloving sr]nma].y aD]]ea"rs : 13/ Center for International Policy, op, cit., P. 3' 1V "Impact of U,S. Development and Food Aid in Selected Developing Countries", ReporT-of the Compt"olter General of the United States, 22 April L97 6 (TD-76-fi). r>/ _rDlo., p. zr. _- -,l_o/ _Lprd., P, zz. lf-/ rbid., p' 2l]. -97- "AID nission officials acknovledged that some needy people were not participating in ATD progra.rns. This included certain identifiably poor groups such as: the minifundistas, land-ovning marginal farmers who were excluded from the fiscal year lpfl progran because there was no viable' Chilean agency capable of adrninistering a program for their benefit; certain Ind.j.an groups which vere not selected as target groups for progra.ns because of the absence of potentially leneficial and. workabl-e proJect proposals; and the r.Dban poor which vere excluded. because of the enphasis on the rural sector. The fatter group was particularly noteworthy since about three fourths of Chil-ers population l-ived in the cities and. AID data showed thet there was an ulemp]-oynent rate of about 15 per cent in Santiago and other metropolitan areas.'r l-8/ 237. It has been state(I thet the United States Congress had. chile uppemost in its mind when it enacted the legislation which includ.es the Harkin amendment 19/ (see para. 233 above), for the law also provid.es: "(c) In deteleioing $hettrer or not a governnent fal1s within the provisions of subsection (a), consid.eration sha11 be given to the extent of co-operation of such government in perrnitting an unimped.ed investigation of al-leged violations of internationally recognized hu$an riShts by appropriate international organizations, including the Internati.onal Connittee of the Recl CToss, or group6 or persons acting und.er the authoaity of the United Nations or of the Organization of American States," 238, The Center for fnternational Policy subnitted a research study to the Working Group in which the fo11ow'ing stateroents appear: I'Since 197\, Congressional critics of United States Chilean pol-icy have legislated linitations on nilitary and econonic aid to Chile on the grounds of its human rights viol,ations. Thus, Chile would appear to be a potential test case fo} detersining the effectiveness of hr:man rights legislation in actually leading to improved. humaD rights conditions. T'hus far, vhen all ndlitary aid. and nost forms of bil-ateraf econonic aid have been denied to Chile by the United States Congress and. it has become increasingl-y evident that very little airl woul-tl be available, the Chilean Government has responded by renor:ncing any United States bilateral assistance. The complete rejection of this aid. ca,ne in response to the State Departnoent's decision to d.elay for 30 to_50 d.ays $9_:-3 nillion of the $2?,5 rnillion economic assistance package for /rr'-scal yea!/ L977 to express ilisapproval of human rights viclations by the Chilean Government of Presid.ent Augusto Pinochet (Washington Post ' 1 July 19?7). fhe Chilean Junta issued. a note 'whieh fornalty rspurned the _LO, _i.CLO.. , p. y, '1q./ stetement of Teonard C. Meeker and Herbert Senrnel before the Sub-Cornittee cn lnternational Qrgani zations of the House of Repxesentatives Coromittee on fnternaticnel Rel.atLons, at the hearing on assistance to Chile' 29 Apri1 f976. -yo- proposed $a?.5 ritlion econonic aid package' angrily reacting against the Carter Adnini stration ' s attenpt to use hr:man rights as a factor in consi.derlng foreign aid distribution. Hovever over aid has not " this dispute occnffed ltith respect to the nultilateral lending institutiont ..." ry/ 239. It cannot be ove"looked that the posture of the Chilean Government on human rights has profound. repercussions on the economic situation in the eountry. Not only the United States of America, but other foreign Gcver,nrcnt s and international organizations are finding it increasingly difficult at this Juncture to reconcile continued financial support to the Chilean Government vith the latterts position on human rights. 21/ A recent statement by the Episcopate contains some suggestions to be considered by the Government to ameliorate the econonic plight of the countTy. "Economic developrnent depends on decisions taken at the national leveJ', and the right of participation defended by Cathol-ie social doctrine is also applicable to the econony. "fn the economic sphere it is easy to create a technocratic 61ite which aspires to take al-1 the decisions itself. "In the name of human rights and of the right of participation, the Church asks tha.t the various economic options should be the subject of open discussion, and that access to decisions and the possibility of exerting influence should not be reserved. to a single scientific school or to a few privileged economic groups, Without a great national debate, the reasons given by the specialists lack ful1 credibility. There is usually more wisdom in the discussion of d.ifferent opinions than in a single opinion which is affirned. dogl[atica].ly and irithout contradiction. rt 22/ C. Trade unions 2)+0. In its report subnitted to the ceneral Assenbl-y at its thirty-first session (A/3f/253, chap. VfIT) the working Group noted. the continuing curtailnent by the Government of Chile of trade union in particular, the exercise of such "ights, 20/ "Chile: An analysis of human rights violations and United States security assistance and econooic programres ", a research study prepared by the Center for International Policy, Washington, D.C., July 1977. 2L/ Center for Inte"national Po}icy, "Chilets chronic econonic crisis: I9T 6 and beyond", , vol. fT, I,tro. 2 (Washington, D.C., Santam}6v IO7A)f4lsmgliengl_EgflqI_rtport 22/ E1 Mercurio , 26 Marc.n 1977. -99- fi:nda,mental rights as those relating to the election of union officials, collective bargaining and the right to strike. In the obseryations of the Government of Chile on the Eport of the Workj.ng Group (A/C,3/3I/6, chap. vIfI) the Government asserted that "/e/ollective bargaining and trade union elections have had. to be suspended temporarily because a new labour policy cannot be introduced before the evil,s which 1ed to an acute social crisis in ChiLe have been removedrr (ibid., chap. VfII, sect. C). The Government statecl that "sinee 11 Septenber l-9?3 hundred.s of new trad.e unions and trade union federations have been set up". It reproduced in qqteqqo the provisions of Constitutional Act No. 3 re].ev8rlt to the right of association and the xight to form or join trad.e unions (ibia., chap. VIII, sect. A). Ttre Working Group has al-ready observed in the present report (see chap. II, para. h! above ) that nunerous specific rights established in article I of Constitutional Act No. 3, enacted on 1l Septenber 1976, are subJect to further d.efinition or implementation by means of lsws or statutes to be subsequently enacted., The provisions dealing specifically vith the right of association and the light to form and. Join trade r:nions cj.ted. by the Government 23/ are in that category; to date the complementary 1egisl&tion inplenenting these constitutional rights tias not been enacted. 2)+1. In its report to the Cod{0ission on Hunan Rights at its thirty-third. session (E/1N.\/I221,, cha.p, V) the working croup noted no significant improvement in the exercise of trade union rights in Chile. It Teported. on processes that had the effect of bringing al-1 the tracle unions und.er the tight control of the Government (ibid., pera. 238), It noted the requirement that unions nust request advance 23l Constitutional Act No, 3: "(9) fte right to forn associations !.rithout prior authorization. rrAssociations must be constituted in accordsnce r'rith the IaL' in ovder to enJoy legaL personal-ity. ttNo one may be compell.ed to belong to an association, save as provided. in paragra,ph 20, sixth subparagraph" of this article. "Associations contrary to morality pubtic order and the security of the State are prohiblted. " "(22) The right to form trad.e unions in field.s of activities involving production or servi.ces or in a partieular industry or oceupation, in the cases and in the manner prescribed by 1aw. "Tracle union organizations sha1l have iuridical personality simply by registering their statutes and. constituent acts with an autonouous body, in the manner prescriberl by 1aw, "ftre law shal1 p"ovide for rachinery ensuring the independence of trade union organizations and their financing," -100- police aul nor"Lza.Ljo'1 l'or meeLings and that )+0 per cent of such requesbs were denied (:orc-., para. 239). The i^Iorking Group further observed that five specified unions and 1"f others' unnafied, had been dissolved. In a note dated 18 May I9T7 addressed. to th-^ Secretary-General (see annex LI) the Governnent of Chile presented details of the circumstances suraounding the dissolution of these unions. In its report to the Conrnission on Hlman Rights (ibid., para. 2!3) the Working Group also listed the nanes of 18 members of trade unions r+hose arrest and disaFpearance had been reported- and i'.hos e whereabouts remained unknown. 1. Exercise of trade union rights 2U2. on 29 December 1973, decree-Iav No. 198, restricting trade union activity' vas enacted. \,Ihat was then described as a transitory measure continues in effect ' ,. 'r- u f, ., ? r,.a,T- 1 .1-p, 2)t / 'l'hc decrce nrohihi ts basic ulion activities such as the election of officers, substituting fo" it the d.esignation of officials by the Government according to seniority. 25/ Concerning the application of this decree' the working Group heard testimony from a member of the delegation of the National Union of Mineucrkers that "even if a union exists, virtually a1I genuine activity is obstructco". It.requires tr^'o days' advance notice to the police of the place and fhF ,,--ndr rrnion maa+ina< 26l Tn nran+.iao i+ ic l.an.r"iad. l'rPre -l' ertJvr, LUvrr16r r _.u/ rrr t,rsLv4re nctificarjcn js not sufficienti the union must obtain prior police authorization" 2J/ The decree imposes a further limitation during the existence of a state of siege: it restricts union assenbfies to those 'rof an informative nir.l ure, or with regard 10 Lhe inLerna.l operation of the organization". 2U In practice, union neetings continue ta be the exception. 29/ Furthernore, the lack of rceognition on the national level of any federation of labour organizations rrakes it virtually impossible for the vorkers to have any influence on national pclicy-roaking or .in rhe forrnation of public opinion. lQ/ 2l+/ Solidaridad, No. 18, May 1977, Legislative dectee No. 198 stated in prearblrlar para. 3-hat the new rules were being introduced because the "situation . ". of crlsis in which the Government took over the cauntry makes it impossible to achieve in the irmediate future complete normality in trade union activity ."" _2V Decree No. lp8, article 2. See a].so National Union of Mineworkers ' op. cit., p. 25" lbl Ltjad. " LfansrLlOnal a,n lc Le 4. 2T/ Solidaridad, Nc. 18, l{ay 1977. The national consultative meeting of the National Industrial Mining Fed.eration, representing 105,000 workers throughout the country, vas not hetd or 29 and 30 i4ay in Santiago as sched.uled, since government authcrization vas not granted. Tnter-press Service, May 1977 ' zol uccrec ,\o. _Lyo. lransrllonaL artacle .+. 29/ Solidaridad, No. 18, I'Iay 1977. 30/ I'{ensai e-, No, 258, 2\3. The lact-Finding and Conciliation Ccmmission on Freedom of Association of tbe ILO had reconrended that the Chilean GoventEent it adopt rithout tlelay new trade rrnion legislatioa which ... shouLd recogni.ze, in particular, cer4ain Pxincipl-es concerning the ri glrt of workers, vithout distiDction vhatsoever, to establ-ish organizations of their own choosing, vithoub previous authorization; the right of organizations to hold neetings, to elect their representetives in fuLl freedon' and to organize their adninistration vittrout interfer€nce by the authorities". 3ll According to the report of the ILO Comittee on Fr€etlon of Associstion to the Governing Body at its May-June 19?7 sessioa' the Governnent is reporteti to have stated rrthat under the provisions of the state of siege elections of aLL kinds have been provisionally suspended throughout the courtryrr but "denies that any infriigenent of tle principles of tueedom of association is involved.". 32/ The ILO Connittee reported "that after nearfy four years of severe restrictions on the exercise of trade union rights in functsmentaL fi elds of trade union activity' it has become urgent for ttle Government to adopt leeislation ensuring fu-l-1 xespect for the principles of freedor0 of association" E! anal recomended to the IL,O Coverning Boaly at its two hundred. and third. session' that it urge the Gover:nment "to repeal Legislative Decree No. 198 in order to ensure the ootsal fi:nctioning of t ratle r.urion activities'r. 3V A4l+, The dTafting of the "Social statute of the enterprise'r, ctesigned. to regulate vorker-entrep?eneur relationships, vas annor.rnceal in March 19?? by the Minister of Labour. IIe emphasized that ttrii Statute is 6irectly related to tbe "tripertite co-.'s"lon"tt ('comprised of workers, entrepreneurs antl goverrulent officials ) vhich deternine the working conditions and wageE in each sector, antt that the on Freedom of !=!?l / ReT,o?t-''E-- of the Fact,-Finding and Conciliation Comission Associo:tion on the trade union Situation in Chile (fro' 1975;' para. 530' n/ wo document cB.2o3/L2/26, para. 13' J3./ rbid., para. 15. 3l+,/ rbid. , para. l+3 (b ) . $-/ Inter-lress Service, 8 l'larch 19?7. 35/ "Analys is and aspirations of the vorkers of Chile'r, letter datetl ApriS- 1977, pubfishect in Solidariclad' No. 9. 5t I LOaO. -102- l\5, The cstabr ishnent of the Lripartire conr.isrions, whiclr had been greeted iniLially with cnthusiasm by various labour secLors, h4s noL fulfilled their expectations: it has been reported that the workersr observations on the new T trb.rur Code and on the Draft lroject on Social Security have been given litt-Ie atLenLion. J$/ On the oth-r hand, a staterirent rnade by Ceneral Pinochet at Ccpiap6 in Septeraber J-976 was relorted as fo1loffs: "General Pinochet said ifhe right to strike railf not be restored.r, because, as he explained, rbhere exist t"ipartite cornmissions responsible for so.lving the problemt", 3!/ 2\6. tn the report of the fLO Co nittee on lreedom of Association, the suspension of collective bargaining untiNarch 1978 vas noted-r and the functioning of the tripartite conmissions was exarnined together with the Government ts stated plans for their inprovenent. J+0/ The Connittee reconmended to the Governing Body "to note with interest the changes contenplated in the system of tripartite connissions, and to express the hope that they will constitute a step towards the fu11 re-est abli shnent of free collectiwe bargaining". l+1/ /tt(. an 2Ll Aprl_L I9'(7,I22 trade union organizations, representing more than one and a half million workers and a wide range of ideological and politicat p..rsuasions were denied pernission by the lntendente of Santiago to hold a public celebration of International Labour Day on 1 l4ay. It was reported that the reason given for the refusal was that the Government was organizing a special officia.l event vhich all trade unions were expected to attend. instead l+2/ (see also chap. VI). Deprived of Lheir chosen lorum, 126 organi zat ions-addres s ed an open letter, dated 2! April to General Pinochet entitled "Analys is and aspirations of the workers of Chitert (see annex LII) in which they presented their views. el+8. On 1 May, at a mass celebrated in the Cathedral of Santiago, the Archbishop of Santiago said in his horaily: "We are certain that in the constluction of this ner,r sociaL order, the contribution of the workers is not only indispensable but quantitatively and. qualitatively decisive" We would even say that this great asset which is nati.onal security can neve? be better guaranteed than when the working people see and feel that their rights have been recognized. fhe most severe measures to naintain order and securicy in the long run bccome inefficient, even 39/ Inter-press Service , April 1977. 39/ rbid. !q/ -LrO docr.ment GB.?A3/L2/26, raraz. 2A-23. 41/ Ibid. r para. l+3 (d). r,2/ Sol!darldad, l{o" _[7; nL-]- pr-ess Sarrri eo Anri I 1977; see also El 1B Aprif r9?7. dangerous, unless they are acconpanied by the progressive incorporation of the working class in the protagonist rs role which it has the riAht anal obligation to fu1fi1",' )+V 249. One of the vltnesses who appeared before the Working Group and. who had participated. in the l,{ay Day ceremony at the Cathedral gave the fol_lowing description: "I{hen the mass snded and we again liled dor,rn through the cent"e of the Cathedral, the service turned into a mass protest neeting. It is an erperience we wonrt easity forget. cathealral resounded rFreedom' fhe with shouts of as everyone joincd in loud protest regardless of the arned police who stood at the main entrance. we felt that we were truly hearing the voiee of the people of Chile, and there cou_ld be no d.oubt as to vhon they recognized as tbeir leaders. r' 2. Interference vith trade union activities 210. collaterar to tbe legislative limitations on the €xelcise of fundanental trad.e r:nion rights is the continuing practice of intimidation and harassment of trad.e union organizations and their l-eaders. The .!{orking Group has heard testinony from persons who have visited chile in recent months to the effect that the military r6gime has tried to suppress the whole of the labour movement. Even the officially nominated "trade unlonistsf have openly criticized the Government I s labour policy. they too a,I'e being disnissed and repl,aced by even less representative officials. Neither unrecogrrized trade unionists nor nominated trade unionists are perraitted to d.efend the interests of their members. let alone advance then. 251. fhe Working Group has received information that the Ranquil Confederation and the united confederation of workers al]d peasants have had their premises closed dor'm snd their belongings confiscated; various organizations affiliated to them have been ilissolved. They have received none of the rcnei.s clue them from the Department of Labour or the Education and Extension Fund. rn its above-mentioned report to the Governing Bod.y of the rLO (May-June a977) tne conrnittee on Freedom cf Association noted that the Governraent had sti11 not explained" the situation and stated Lhat 'ILhe comittee can only continue to depl ore the rack of inforn€tion from the Government on the situation of these organi zations i' , !lr/ 252. 'i:uo unions, the National Federation af Textile and Clothing Worke"s (FENATEX) and the rndustrial Federation of Building, wood ar.rd Buj.lding Materiars workers (FIzuC), although in existence for many yu""" (ZI+ and 30 years respectively), in !3-l Quotea in 'rPremier Mai au Chi1i" published by the Comit6 ext6rieur de 1a Centrale unique de Travailleurs du Chi1i, Salnt-Denis, 16 I,bV f977, l+.V flO dccument GB.2o3/rz/25. paras. 2\-e.1 . 1971+ had epplied for legaL personality under the new regulations. The Working Group notes that to d.ate their requests have not been granted l+5/ despite the provisions of Constitutionel Act t{o. 3, !ji/ r.r}rich provides for such persona}i.ty to be granted upon the nere act of filing. Honever, the legislation that vould inp.lement this constitutionat right has not been enacted to date. Despite repeated. requests by the ILO Courittee on Freedorn of Association, the Government has failed to furnish information on this natter. h?/ Sinil-arl-y, the Government has not responded to the asse"tion that "the Nal-ional Associaticn of Education service tuployees (ANESE) was being run W a Goverrunent-appointed supervisory cornittee and was unable to engage in any really effective trade r:nion activity". l+8/ 253. 0n 11 tr'ebruery 19?7 a colmlaint was transnitted to the IIO all-eging that the premises of the Chilean Confealeration of Strployees in the Private Sector (CIPCH) hacl been by order of the Government and that the General SecTetary of the union, Patricio"aided Gonz6lez Veratugo, had been kidnapped by the security police. 49/ ltre response of the Chilean GoverDment to the ILo concerning these allegations s inply pointed out tbat the atltlress stated in the conplaint was not correct, rr provided the ad.d.ress of the prenises at which the CgPcH rhorrna$y operates and Etated "that there has been no interference lrith these /fatterJ premises by the authorities'r. According to the Gove"ment, the person named as General secretary had resigned as such i.n 1973 and is at liberty. 50/ ?5\. It had also been allegetl that an arDeal gang had raided the prenises of the National Association of Public fuployees (ANIF ), had brutally assaulted, l{ilenko Mikovilovic, the Vice-President of ANEF, and had attenpted to set the premises on fire, 51/ Despite tbe recomendation of the Il0 Comittee on Freedom of Association s.t its sesgion iu May-June 19?7 that "the Government intensify the investigations into the case", 12/ a request for the appointnent of a visiting Judge was denied. 53/ The petition requeEting the appointnent of the iualge aueged that "the authors of the attenpt rlid not seem to be connon delinquents but armed, organized groups, perfectly trained to carry out coamando-type actions". 5\/ \il fi,O d.ocnment CB.2OI[I/211, paras. 30-35. l!6/ A-+:.1. 1 nora ,) W ILo document GB.2O3/I2/26, paras. 29 and l+3 (e). hl/ rti.a., para. 30; see also para. l+3 (f ). 49/ rtia, , para. 68. !/ Ibid. , paras . 7l- and ?3 . t!/ Ibid., para. 65; SoLiaariaaa, No. 13 and No. 15. ,2! rLo d.ocrment GB.2O3/L2/26, para. 7l+, c (i). 53l Sol-id.arialad, No. 15, llrl Quotea in Soliilaridatt, No. 13. -105- 255. According to a report presented to the l,Iorking Group concerning rhe probJerns of trade union leadership in Chi1e, the folloving situation exists: r'Arnong trade union officia.l-s in Chile today" some were elected to their present positions prior to the military coup in .1973. Since the coup no elections have been permitted and al1 vacancies have been filled by norninations nade directly or indirectly by the , ilitrry -r,r-horj lies. lr , fev cases elected leadeas have been confirned in their original or more senior posts by ni.litary nonination. In general, we can distinguish tr^ro marn groupings of trad.e union officials in Chife today: (f) tt.r. I non-recogni zed ' leaders, all of uhou were elected prior to the coup, and (2) Lhe lofficjal' or recognized leaders, nost of whom ove their positions to the junta" Yet even the 'officialr leaders have often been pushed by their rnembers into adopting positions of opposition to the junta. Most of them are members of of the Chri.stian Democrat Party vhich 1,/as in opposition to the Government of President Al1ende. Like theiT party," a number of them velcomed the coup anlr].a_L_ry, ))/ ?56" According to infornation received bv the I^lorkinE Group from various sources , lfil cerl-ain trade union leader.s and members of the-clergy linked vir,h the J-abour sector have been molested or harassed in recent months. It vas reported that within days after presentation of the d-ocunent "-Analysis and aspirations of the workers of Chile'r (see para, 2\L above and annex LfI), rlLcr*r.- n-, security forces organized intensive surveillance of various trade union leaders and began a campaign of harassment and intinidation (see chaps. TII and IV). See annex LIII for some examples of repression of tlade union leaders. 3. Exi1e, deprivation of nationality and other actions against trade unionists 257 " The Connittee on Freedom of Association of the TLO has exDressed its concern "as regarrls the trad.e ur-rionists who have been fcrced into etrile" Such a measure, which is in violation of human rights, is of particular gravity since it deprives such persons of the possibility of working in their country and of contacts with their fanilies. The Conarittee also considers that such a neasure is in violation of freedom of association in that it undermines the trade union organlzations which are thereby deprived of their leaders". !7/ 55/ National Union of Mineworkers, op, eit., pp" 2J-26, J6/ Including the lrlorfd tr'ederation of Trade Unions, a ncn -govtrrnr-lentaf crganization in crte;ory I consu_ltative status. 57/ TLO d.ocument cB,2A2/B/n, para. 62. --LUO - 2rB" The \Iorking Group subsequentl,y received information that three labour leaders in exile, Ernesto Araned-a Briones, Luis Meneses Aranda snd Humberto Elgueta Guerin, had been deprived of their Chilean nationality by a decree of the Ministry of the Interior publ-ished in the Diario Oficial of ? May 1977. Ttre decree stated, in part,thattheSepersonS'-"ctrnernihenameoftheCornit6ext6rieur(vith headquarters in Paris" France) of the Central- Unica de TrabaJadores de Chile' rla non-existent organization since its lega1 status lras csJrcel-led by decree-law No. 12 of 17 Septenber 19731i, had applied to the lnternational Labour organisation and reported "irnagi-nary facts with the exclusive aim of dragging the name of the Fatherland and of our rulers through the nud; in conjunction vith previous eventst this constitutes a serious attack on the basic interests of the Staterl. 58/ (See also chap. V, para. I70.) 259, concern about the fate of trade unionists vho ltere arrested aJ}d who subsequently disappeared has been expressed. in various sectors. (For an examination of the phenomenon of missing persons, see chap' 1II, paras' 101-133.1 At the direction of its Governing Body, the ILO subnitted to the Chilean Governrcent tffo lists (containing 66 nanes and 2l+ nanes respectively) of present or forner trade unionists who had been arrested and $hose lrhereabouts were unknown. As nf .Trnrrgrw lQ?? thF Government had. furnished infornation as to the hereabouts of only 5T of these !o persons, and the comtrittee on Freedom of Association noted tlwith regret that the Governnent has not furnished any infornation concerning a large number of persons on the lists forvarded to it". 59/ Prior to the l{ay-June 197? session of the Governing Body, the Government supplied additional information on l)+ persons i the Connittee in turn had received a connunication containing the naare of an additional nine trade unionists \tho were stated. to have disappeared. Tn its report, adopted by the Governing Body at its May-June 19?T session, the Cormittee Iisted I+O persons vhose vhereabouts still remained unexplained, 60/ and recoonended the Governing Body to request the Government to supply information on the situation of these persons and to urge it to continue its investigations into the disappearance of the trade unionists in respect of whon it trad stated it had no information. 61/ 25o. The l,lorking Group has noted ths.t the Governing Body of the ILo has asked the Chilean Government to continue to supply information on the evolution of the situation with r.espect to the rec onmend-ations of the Fect-'inding and Conciliation Cornmission and to subnit a report on this subject by October f977. q \H/ l-1,^+Fd rh ''r Tpl.^, r.^. de la I{orA 8 May 197?. 22/ t;.o document GB.2o2/8/rr, para. 61. 60/ TLa document G8.203/I2/26, allnex, o_L/ IOr-d., para. rq, a \ral/. e **., para. u3 (h). D. Health ?6I. In its report subnitted to the ceneral As s elrbly at its thirty-first session (A/31/253, chap, XI) the tr/oxking Group described the marked deterioration of the physical and nental health of certain sectors of the population. Tn the observations of the covernment of Chile on the Working Groupts reporb (A/C3/3a/6' chap. XI) the Government provided. statistica.l data on expenditures for social development and the reduction of norta"lity rates, described. medical caxe services and resources and defined the obiective of investments in social development as ttto direct State social payments as effectively as possibfe to the sectols of greatest need" (ibid.,""if*. chap. XI, sect. A.1). Tn its report subnitted to the Cormission on Huroan Riehts at its thirtv-third session \EICN.4/f221, chap. VII), the Working Group, while taking note of the inforrnation furnished by the Government of Chi1e, was not able to discern an emelioration of conditions and exp"essed. its continuing concern about the situation. ft recognized as significant two policy pronouncements made by the President of the Republic on 11 September 1pl5: efective redistribution of State social assistance to the extrenxe poverty sectors, and. the provision of the necessary resources for the fuI1 implenentation of the Mininum fupfoyment Programe, It vas observed that these snd similar policieso if effectj.vely inplement ed., coufd resuft in an anelioration of cert&in problems affecting the Chilean population. The observations of the Governnent of Chil,e on the report of the l,torking croup (E/CN.\/fZ\7/Ad.d.1, chap. 1rI) provided additional statistical d.at a on the health situation and on child nutrition, and- described the effolts being nade by the Government to eradicate such problems as child vagrancy. The Goverrutent expressed its criticisn of the Working Grouprs reports, a]-leging that the judgenents nad.e were superficial, that statistics used vere inconplete, and. that insufficient attention was given to officiet government data. As in the preparation of its previous relorts, the Working Group has had access to authoritative material ard statistical data gleaned from governxleni-a! 63/ as well as other reliable sources, On the basis of this information, the Grou! is conpelled unfortunately, to note that the deterioration in health conditions which it had previously' observed has become more marked.. 1. Health servi ces 262. ln Chile, as in many other cor.:ntries, health services had developed along various lines - religious, philanthropic and governmental. In l-952 the National Health Servic€ (NHS) vas created under the l.{inistry of Health to combine most of the existing progran$es into a single entity vhich could render comprehensiwe heal,th ca"ei over the years a great deal of progress was made tor^rard realizing the aims of the NHS, 6\/ A high 1eve1 of training arrd professiona.f accomplishnent of health 53/ See in general arnex XXX, which contains infonration furnished. by the Government of Chile. 6\/ "History of the health care system in Chi1e", Aroerican Journal of Pubtic HealEE, vot. 67, No. I (Januarq 1977), pp. 31-36. -108- personnef fias maintained over the decades, coupled with a remarkable degree of stabil-ity. "ft had long been traditionat in the Gove"nDent of Chile that ffith each najor change in government all of the top persorurel in the llealth Ministry woul-d be changed but that the career personnel were naintained. in office. Aft er the 1973 nilitary coup in Chile, holrever, this tradition did not app1y. Health workers were discharged, imprisoned without charges, and na.ny were sunmarily executed. " 55/ It appears that the tradition of stability and continuity for heaLth vorkers had been broken; health progra.runes antedating the Af.lende Government vere disnantled or severely curtailed; technical competence was wasted and tlained public health personnel vere idle. 6V 253. Under the Dresent Government, najor modifications of the health ca?e system have been based on a policy statement of the Junta that under existing economic conditions, rnedical- caxe, al-ways costly, could not be provideal free of cbatge. 67/ The NHS was to be replaced by the National Systen of IIeaIth Serwices, vhich, it vas envisaged, would grad.ual-ly give way to private structures. fn the inplementation of this policy, in 19?L aJ-one, ?,?OO hea"lth s erv-ice personnel were dismissed and. 850 more vere forced to retire. 58/ It r^'as reported in May 1977 that' 54 more doctors had been dismissed" 69J {ost of whon vere said to have been associated with the Christian Democratic ?arty. 25)+. Aceording to reliabl-e inforrnation received by tbe Group' the public health sector had previously cared for !0 per cent of the population, possessed. 93.5 per cent of all hospital beds, cared. fov 95.9 per cent of the hospital patients and utilized f2 per cent of all doctors I time. Public expenditures for hearth, rhich vas at $353 nillion in 19?0, rose to $l+59 uitfion in 19?1. ln f976 the public expend.iture on health d.rolped. to barely $Z3O nitlion at a time ffhen the population was reported- to have increased. by a nillion persons. ?0/ 265. Dr, Ernesto x{edina Lois, Presid.ent of the Chilean Metlical Colfege in an address to the General Council and Resional Bosrds of the College, maale' the fol.lowing statement: flAs everybody knor,rs, the greater part played by the public sector in !0atters of health vas not the whin of a Marxist government, rooted in e.n 5!/ 'rReport of the APHA Task Force on Chi1e", 4Eerican Journal of Pub1ic I{eal-tlr, vol" 67 , No. 1 ( January L977 ) , ?. Tl-. 66/ Tbid,, , p, Tz. 5T/ "History of the health care system in Chi1e", Amelicsn Joumal of Public Health, vo1. 6?, No. I (January 197?), p. 3l+, citing "Doctrina y estTategia para EI-EEFarroIL o de la salud en Clile", tqinisterio de SaLud Publica, Chile, June t97l+. 6B/ Ibid-., p, 35. See also Ercill-a, Decenbe" 19?l+. 69/ C:hiLe Comlittee for Human Rights, Newslettel No. 15' MaV 1977, P. 5; no conplete figures are available for I97 5 or 1976. 70/ "Ner,rs of Chiler', a docrrment prepared. by Chilean physicians and other professional, technical and auxiliarar health vorkers in e:(i1e circulated in Geneva, I4ay l-977. ' / , .. -t oc- aaeo-Logy, as was the case in the nationalization of ::-aprr'ri af-ion industry or the of 1and. ?he organization of tbe sector in a aixed forn througlr greate' pa'"ti ci'.-r' r'i on bi" the state coullry hes been the histori.car- solution that the has sought in order to resolve in the best possible way pub1j. c health the ])robl-ens cf in ChiJ.e, as the najority of'Cniteans no!r, just as forme"l-y, are unable to pay the rea_l cost of a nedicll expensive' service increasiigty .olnpi"* *a There is no doubt that the recent red.uction in public expenditure has fed to a srashing' unparar-reled in its violence, of non-eys availabr-e to trre publi c health sector. ir J1/ analysis of health care expenditures revears a d.rastic red.uction an?!6:-1 go]reln"Ilent :*n"rative suppolt: Financial resources invested. in public health (in nil]-ions of doll-ars ) I07l r976 1977 (proJected) zJv 145 ler capita expenditure 1970 1971 rY IO 197? (projected) 38 dot.Iars LB dot].ars 22 doll.ars l-3 do].lars of the national 'I O7n l-976 rgZZ (projected) per 5 cent )+ per cent 2.5 per cent llote: To the reductlon in expencliture on pubric health Eust be added the fact that the Chilean population grew, vithin tie years quoted, by a nlill ion inhabitants. rrNews Source: of Chilett (a document prepared by Cbilean physicia.ns and other prcfessional technical and auxiri.ty tt.ar.th workels io u"ir", ci.rculated in Geneva, raay gfI), based on rg10-1976 Annual Accoults of the hesident of the Chilean Medical College, Dr. Ernesto Medina; El Mercr:rio, L6 Ar'xLI I}TT; Mercu-rio, I'tlarch I9T7 . 2:!. the reductlon in expenditr.re frora g3g in 19To to g2Z only represents _te{capita in 1!J6 not a statistical red.uction of L2 per cent but constitutes arr inc8trculalr1y greater dininution of heatth care in view of the continuing inflation. fy Quoted in 'lNews of ChiJ.err, p. 1, -110- Dr. Med.ina, in }.is April 197? address, comented rn the dirninishing percentage of the national product expend.ed on health care: rrTota-l etrrenditure on health amounted to a tare \% of the national prod.uct. considering that in the past the share of the health sector in the national prod.uct in Chile b.as a,11lays been 6% and that in most countries it is even higher, it ceruot seriously be argued that cr:rrent expend.itures on health meets oxr requirenents or that it csrnot be increased.tt f!r/ 268. In another part of his addxess Dr. Medina coonented on the adninistlative problems of the heal-th services: tUnfortr:nately, the policies and guidelines ad.vocated in several paxts of the country by tbe adninistrative personnel a'tri ch has recently been brought into the sector have l-ed to serious controversy because of their tend"ency to put adni-nistrative and" econornic consid.erations before technical ones' Seeause of their lack of experience na.ny nev executives have failed to take into account the specia.l nature of adninistration in the health sector. The fact is that the experts are not even being consulted about fundamental refoDas in the services and method s of work,rt -',.. In so far as the administrative statutes and internal regutatlons of the SNS /liation:rr Health Service,t have not been LepeaJ-ed €,d.are therefore- stilL in force, scrtne of the measures taken by the ne'w executlves are crearry r-rregular. fJl 259. A;ne total n.mber of doctors vorking in Chile in 1973 vas repolted to have been 6150o; by 1975 there !.rere on].y 5|OOO. A As a resu].t of the cuts in spending' trained med.ical personnel are being disnissed and rep.Iaced by persons enployed under the Minimlm r}nFlo1noent Programe (see para. 225); these new employees nay veIL ile in need. of emplolnrent but tbey do not really replace - in nr':nbers or in skiJ-ls .- the disrnissed trained' staff. !)l FLrrthermore, a large nrxaber of doctors have left the country silce septenber 1973, The working Gloup has elso received information concerning the deteriorating conditions in hospitals and medical stations - particula"ly the lack of equiproent - as a consequence of the lack of fund.s. There can be no doubt that the reduction in human as well as material resousces in this sector h&s deprived a naJor portion of the population of adequate health ca.re . f!/ Quoted in rrNews of ChiJ-ert, p. 2. 13/ I!is. 7V t\,lews of Chile|t , citing Et Mercurio, 2 February 1975, quoting figures rrr'}.l i clrozl l'rr EllT.A I>l xrrtre uoulll].tEee for Hlnan Rights, Neffsletter No. 15' May 1977, p' 5' -111- 2J0. To co11rp{.nsFJ:a for bhe diminution in avail-able services under the nationaJ_ he€l-th scheme, increased services are being provided by the religious sector - a reversion to a.n ear].ier system of religious philanthropy vhich antedated the development of such serv-ices primarily as a goverruxental re sponsibiJ-ity. A report of the Vicarfa de 1a Solid.a.rids,d provid.es the fo]'].owing data: the beal-th prograrme attended IfT,9rT persons in eight nolyclinics in four aJeas of Santiago and. rendeled. general and specialized. [edical care. Comparative statistics on specialist care are noteworthy: I5_/ L975 1975 Psychology I,597 2 ,33I Psychiatry ,6j 1,1+11 otortrinotarJmgology 80 303 Opthainoiogy ZBg I+19 Grrnaecolopv lh? I ?o Chest and J-ung care l+ Dermatology 35 268 Traunatology 37 - 271. A major increase in psyehological and psychiatric care dr:ring 19?6 was noted; J!.8 per cent of aLl- consl;-ltations of special-ists fel1 into this area and the patients vere uainJ-y former pofitical prisoners. Jf/ 272. The Working Group received the repolt of a mission that visited Chil-e in ]977 und.er the auspices of the World. Cor:ncil of Churches, in whi ch it vas stated that the mental and physical health of the families, especially the ehildren, of persons who have disappeared has been ser,l'erely affected, The inforrnation provided to the Group in this report eoncerning 1lt5 specific cases of chiJ'dt'en revea"led somatic disorders, psychological problens, and of development (see annex LIV) . "etard.ation 273. \n the statement made by the Minister of the fnterior on l-L March 197?, the text of which vas forvarded to the Secretary-4eneral by the Perm€rent l{ission of Chile to the United Nations Offiee at ceneva by a note verbale of 5 l.4ay L97? ( annex L), detailed infornation is provided on various socia.l programes. With respect to health services, however, the Minister of the Interior provided only the following information : ]!/ "Un ef,o de lrtor", Solioaridad, rlo. 13, January l-977. 7T/ rbi.t . /... -1t_2- Itthe National Social Carnpaign, which vas 1ar:rlched. fn 1975' has added scme ner\t programxes, and has aJ- so succeeded. in neking appreciable improvenents in the ad.ministrative activities of a number of services in the cotrrse of the year. It has thus been possible to reg-.rlate the natural process of expansion in an efficient and appiopriate marner, particularly in the sphere of action of the Nationa:L }lealth Service ...t| ) Situation of heaJ-th 2?)+. :fhe decline of health seruices discussecl in paJagraphs ?62-273 above is to some extent a consequence of the ad.verse conditions to lrhich health personnel a:re subjected. According to reliable evid.ence including testimony fron a physici'an practising in Chi1e, the cut-back of health' care expend.itures resu-Lting in lor+ salaries for health prof€ssionals, has been partie.uy responsibl-e for the estimated 15 per cent enigration of physicians and nurses. Zg/ Ttre difficuft vorking cond.itions created by a di sproportionate doctor/patient ratio are a contributing the ratio factor, and as emigration of doctors, inctuding speci'alists ' increases, becoaes sti.Il r0ore unfavourabl-e. It has been reported that in the average coux0unity one doctor serves 1,680 persons - a much lower ratio than irr nany otber L€.tin American countries, ]!/ In rural &reas, access to a physician is nore difficult where the situation is reported. to be one doctor for every 3'333 persons. 80/ 275. Tif'€ C}Ii].ean Co]-].ege of Physicisns l{as reported. to have spoken out x-ith increasing concern ]'egard-ing the condition of hee"lth services in ttre eor:ntry. The college of ?hysiciars maintains that the barsh budgetaxy Testrictions in the field caused a generali zed. l-ack supply" in nospitals, first-aid of he;lth have of E1 rrserious centres and health assistaxrce establ-ishments. fhey also spoke of the situation affecting the National Health Service because of the inadequacy of funds a.l-Iocated vhich t€hes tbe form of ls.ck of services to the co&munfi..y". BZJ The lr{iaister of fles.lth, Air Force General tr'ern€Jldo Matthei, vas quoted as stating that ttwe a,re vorking with a smaller bud.get because we are cutting back public expenditure with a view to d.ecreasing it froro l+o to 23 per cent ...". 91/ ?B/ See Chilean Med"ical Association, 19?6, Statistics of National Medical- Record.s up to 30 Novenber l9?5, referred. to in "News of Chilet'. T9/ chile Connittee for l{um€Jr Rigkrts, Newsletter No' 1)+, March f977' p' 6' tlhe ratao gr-ven 1or venezue-La .Is r:ylu,,, 8o/ -L O1ct . !! fnter-press Service, 6l'lay 1977, quoting fron a petition presented' to the covexnment by the Medical Col-lege. 94 Ibi d. . 83/ rbid. 276. Recentfy doctors have been na.king public their concern as wer-r about their income.l-evel - on average, $3oo per rooin - which they contend is insufficient for 277. f'ne situation has been aggravated by the subsequent resignatiob, und.er conp']"r' sion' of 14 trighry place.l d.octors rrho carried out adsinistrative functioas 'er"ittdn the Nationa.t l{eel_th Service. gl+/ 3. Nutrition report-it ?T9:, *-lnt submitterl to the cenerar- Assembly at its thirty-first session \A/3I/2r3' chaps. X and )(I) the Working Group related that it hacl riceived evidence of tbe increasing prevalence of nal,utrition, particularry of chirdJen iD 11: :.*lg:"_ In_ its report to the Co@ission on Hr.uan Rights at ils tbirty_third sessaon (r/cN.4/l-22L, chap. vrr) the working Grcup frrrnished irlustrative statistics leatting to the s6,oe conclusion. since the adoption of the tatter report r add'itional data on the subject received f?om the covernnent of chile a,"al other rel-iable sources does not seem to indicate that tbe situation has improved, larticul a.rly v-ith respect to those sectors of the poputation wtrose incone has not kept ableast of inflation. 279. In a statenent of Il tvlarch L977 by the llini.ster of the Interior on the social- action policy of the Governu.ent, 85/ nuiritiona,J- progranmes were d.escrj.bed.. Under the 'rSupplenentary Food. programer32 nillion kirograns of nirk or protein nixtures haai been ,distributed Qf/ to child-ren under six years of age, motheri a:rd. pregnaw gU_ at the cost (prewaiJ-ing at December L9T6) ot 1,i20 nifl-ion pesos. fhe T,:t:"''Dcnoor rue€Js }?ograrme " ' ac cording to the statenent of the Minister, showed. an increase fron 2!0,000 to 3gOrOOO schooL h:nches, and. from ?1O,O0o to L,Loorooo breakfasts. Ee acco'nted. for the cut-back in other benefits by ttre need. to channer . ry lbid., citing a decree published in the Diario Ofieial- of 1April 19?? which lists those persons reJ.ieved. of their posts.-- Am6iE-TEEE-are: Juan Seperiza Zaninorrich, Chief of No::ns and planning, Dfego Ma.ldonado Velasco, Chief Advi ser of Budget and Finance, Bogoslav Jr:ricic n:rina, Chief Advise" for rnternationar Affairs' Dr. caxros Gomez Roger, ctrief of ttre Mothercare unit, Augusto schuster, chief of the chirdcare unit, Jos6 Manuel Borgoflo Douinguez, chief of the Persons and Enrr-iroment protection unit, Dario verdugo iioir"li" ,' chief of the Praraing unit' Maxianela rglesia Barria, cbief of the orga.tlizationai unit, Bafil frrrfquez, Chief of Progr€@ing, Dr., ,los6 Onetto Rocagliolo, Executive vice-President of sEFMErrA, and othex doctors with inportant posis in the area of health. Q2/ for the text of the statenent, see annex L. 96-/ '\Jnder the Al-lende cove u€nt the qusntity of roirk distributed. to the poor rose to some 39 niLlion kilograms annually, excluiling the nilk provialed on the school feeding programme,r, American Journa.l of lubLic Heal_th, 6f. 6?, tn. f (January 19?? ), p. 33. 87/ Tor percentages of members of eactr group benefited, see annex IJ. funds into the mea.ls progrannte. In connexion with his account of the school nea].s progle.nme the Ministel mad.e the following statement: 'iln 19?7, the provision of assistance has had to be restricted by conpaxison Ldth 1976, but the Secretary of State and ttre Ministry of Education will- be consiclering short-tenc solutions. rr !!y' Compiled from data derived from a variety of sources the following is a tabuaation of the earnings of the active populati.on: 89/ Wage in Equj.va]-ent Number of Fanily Chilean in US p.r-.FnrF'F -;-"i* ^ -."." dolJ-ars lrliniror:m Jobs (PEM) ,36 1?7,ooo B85,ooo 50, l+0.31+ Unemployeal L6.5o 5U+,500 r,9o5,759 ir[ininr:rn wage 50 1,550,000 5,775"OOO 6OO to \7.92 to r,ooo 79.87 TotaI ?1.86 237r5oo 6,56,1ro 2BO. }:.c,n these esrning figures the fouowing concl"usions have been dravn about the ability of the lopulation to satisfY thej.r nut"itional needs: '?1'86 per cent of the active popul-ation and 77.87 per cent of the total population live in conditions of extreme poverty since their earnings are insufficient to p€y for vhat is known as the rfaxdly basketr. pql 1'21.86 per cent of the active population (ninimun iobs and' uneqrloyed.) have a purchasing pover sufficient to bqlr bread' water and l+O per cent of the I farnily basket|, "50 per cent of the active popul-ation has a purchasing power sufficient to pay for b€tween \7.5 per cent and ?9.2 per cent of the I fanily basketr. 88/ Statment by the l,linister of the Interior on the social- action policy of the G-overrurent (see annex L). See al.so annex XXX, vhich contains infornation flrrni shed ty the Governsent of Chile on this subiect. Mensaig' Q9.,/ 'rNevs of Chi1e",, p. 6, basedbaseal on: EL Mercurio, 5 August 1!J6; Octot# snal December f9?6;- Study No, 6 of fi6ffiil-oupartment of the Vicaria d.e )_a Solidaridad; relorts by the Econonics Faculty of the University of ChiLe' Becond. half ot l!975; National Statistics.l Institute. 90/ me 'ha,nil-y basket 'r, which has been d.escribed to the Working Group as ttsubsGtence levelir, consists of only 16 itens, exclud.ing neat, nil-k and coffee' -l t 5- rhccording to the present authorities, it is intende ?91: k Working Group is avare that the probleu of ,r,alnutrition is not unique to chile but must voice its concern about the d.eterioration of the situatioa. rn spite of the working i2! Group's expression of hope-constrained. in its report to the co'nission on Human aights (s/C.lt,\/l,zz]. , para. 251+), it is 1o observe the epperenr absence of effective action on the part, of the present coverrunent to cdtrbat nalnutrition. rnroaals into this probren tiad. prlviousty been nade: tbe incidence of nslnutrition throughout the cor:ntry was reported to have declined by about 1J per cent between De cember r-97o snd october l9?3, white in the northlra area of santiago a 20 per cent reduction in mal-nutrition had been observeal duling the same period., 9V It was aJ-so noted that rno firn data are available since the coup but there are indicatione that the situation has vorseued., one being that the definition of severe 'nFl nutrition has been narroveal considerabiyl. 9l+,/ fhe Group al-so notes that these depritations are ta.king pLace uithin a poiiti-at context thet prevent e the affected. citizenry fron articulating their gri.evances or claiuing tbeir tr, g/ "News of C!:_iIe p . J . 92./ of 28,600 chiLdren examined by the vicaria in L9.16 in connexion v-ith its hearth progrennn e, 15,999 (6r.5 per cent) showed states of nalnutrition in verying d.egrees ( Solidarid.ad., wo, 13). 93/ Aneri can Joulnsl of public fleattb, vot-. 6?, IVo, 1 ( January f9?T), p. 35. 9V rria. VI]I. CONCLUDING OBSERVATIONS 282. Taking into account the progress report subnitted bv the Group the General Assembly at its thirtieth session through the Secretary-Genera1, this is the third tine that the Ad Hoc Working Group, in fulfilling the mandate entrusted to it, reports to the General Assenbly on the situation of human rights in Chile' 283. The functions of the Group as defined by the Conr:lission on Humarr Rights and the General Ass ernbly incl-ude the gatheling and assessing of facts and infornation ' on the basis of a visit to Chile, if that is possible, and fxom outside that country fYom all available reliable sources, Faithful to its functions and mandate, the Group has continued to critically and impartially scrutinize a1t wTitten and oraf evid.ence subnitted to it and has endeavoul'ed to present to the GeneTal Assenbly a report that gives an imparti a1 ard honest picture of the situation of hunan rights 1n unrre. 281+. In preparing this report the Group has considered several hr.rndred pages of naterial submitted to it from a variety of reliable soulces, includ.ing repoTts fYou heard groups and individuals vho trave very recently visited that country ' and has the iestilrony of nany witnesses who volunteered to appear before it and give their personal testimony. 285. the Group has sought and. encouraged contacts with the Government of Chile' It has listened with attention to the statements mad.e by Chilean Governnent representatives during its neetings uith then, studied and careful']y considered all the written docrnentation submitteA by the Government of Chi1e, and endeavoLred to faithfulJ-y include all this information in the present reDort. 286. In its report to the General Ass embly last year, the Group stated in its concluding observations (para. )+99): 'rlt cannot be denied that the visit to Chile' as envisaged by the Coritnission on Hr:mran Riqhts and at first uncond.itionallv accepted by the Chilean Govern:nent, would have f'ulnished to the Group a.n incomparable means its report to the of initiating or completing its investigations " . Sinilarly ' in Conmission on Human nights-at its thirtt-third session the Group reaffirmed "its conviction that its investigations can only be comllete and final if the Chilean GoveTnment is convinced that a visit to the country is the most applopriate mealls by which the Group can ful-ly cor:prehend and veriffr all the facts of the situation inside the country". 287. The crou! wishes once again to reitelate its firm conviction that a visit to chife by the Group is of paranormt inportance and significance in enabling it to fulfi1 its nandat€ o and that such a uisit would prove beneficial to all concernedo €fld above a-ll- to the cause of hurnan rights 8Id fundamental freedoms in Chile. The visit by the GToup to chife has become all the more important in ord.er that the scope and consequences of the recentry enacted decree-1avs wos' t876, 18?7 and 1878 nay be evaluated. c aJeflrlly on the spot. aB8. ns stated in chapte" f, which deats rdth the relations of the Group with the Government of Chile, the Group once aqain took the initiative in explorina Government possibilitv_ \rith the the of-its arlo:ving th. c;;"; l;-"i"ri ir.,ri.i-"rn. oroon observes that once again the Government oi Cnif. has used ansvering delaying rnethods in the Group's request and renained unresponsive until the Group had completed its fieLd mission as envisaged in 19?? progra JuLy its me of r,rork. In 1975' vhile it was in Lima on itJ r^,ay to santiago, the enterinpg Group was stopped from Chi1e. In July 1976, afber the Group l:ad. already visited Mexico, representatives of the Governrnent of possibilitv Chjle nei with the Group-;;";r;;;;;' and_ discussed the of its visiting chile; since that aui. propos ars trave been rnade by the Government in the direction "" "r.ur of such a visit. simila.i-rv- '"i i-. was after the croup had net in venezuela and at united l{ations H."dq";;;;;-i; Nev York that the Chi.lean representatives ca.ne ultinately to discuss', at the JuJy 1977 session in Geneva, ttre mod.alities of the croup's possible visit to chile - thich r,ras to be subject to the same conditions as those proDosed on prior occasions by the Government' rf the Group's nand.ate is extended, it is hoped that the representatives of the covernnent of Chile $i11 agree, durrlng the croup,s meetings in May 1pf8, to the visit of the Group to Chile. 289' The Group warnly r^'elcomes certain devel.pments and is equally gratified to relort to the Generar Assenbly that on the baiis of information ii tras receivedn large numb er of politicat detainees have been detention1 rereased, the scale of arxests and has dininished, and the aceounts of torture are not as shocking as those reflected in its previous reports. On the other hand, croup conclude, the is unable to on the basis of the infornation and reports it has received, that respect fo' hr'rman rights bas been restored.. on the point contrary, the croup feets oblige. to to some critical areas where violations of humaJr rights and fundamental freedoms in sone cases systenatic ard institutionafi zed, d.epict a disturbing situation' in Chile. 290. The Group, after caref\rl1y considering the erridence before it, cannot escape the conclusion, whi ch r^ras reflected in its previous reports, that chilean authorities systenatically refuse to respect the right io liberty Lna seeurity person those believed of of to be opposed to the present r6gine. such persons may be a'ested the r,rhim at of the security or€lans r which rareiy, if at all, respect the laws requiring arrest war"ants. fhese persons are tlken to ilfegal and unknorrn praces of detention for questi oning and. torture, after which street' they ray be rereased on the transfer"ed to ar official place of detention or, in nany cases, never seen again. Their houses are also sub,lect to searches by security aglnts wiitrout lawfu] authority' altd the occupants are subjected to humiliatin! harassrnent ilL-treatment. and 291- The Group is especially concerned by the erridence it has received oi'a new system of intinidation - rerlacing in a way the large_scale d.etention of po]-itical opponents - by which the authorities seek to control the "political'r activities of Chileans through short-tern detention and torture, fo].loved by continuous harassment of the person concerned and his faniry. Arother aspect of the current situation in chile which causes the Group deep ctncern the Chilean is inability of the Judicial system to effectively pioteci the liberty and securit]r of the individual or to call to j uagement or pinish those responsible for the irr-eqal -118- cie-"ention, Lortur,- and disappearance of detainees. The renedy of 34!glg is useless and inoreratlve in state security cases. T,he courts are powerless to obtain the appea.rance before them of individuals vho are iraplicated in crines a1Ieged1y corurr-itted by nembers of the securj.ty organs. The judiciary apDears to have abdlcated l-refore the executive. 292. In Chile, people continue to be subiect to being held by virtue of the state oC s.i ege, under decrees istued by the llinistry of the lnterior' in detention centres contro-L1ed by the security agencies. Furthernoore e the right to a fair trial is not luaTorteed for Lhose deLained b;v the security orqans, since' even lrhen charged ui-h - e^mrcrr cri-e. srrch A< \'idn"nr^inp'- thpv naY be tried by var-tine rdilitary courts, r,rhose procedure fails to protect even the rnost basic ri ghts of the aceused. fhe Group also notes that some persons continue to be detained for excessive periods without trial. OtheTS continue to selve long sentences that vere irnposed after political trials, l,rhi ch did not have even the senblance of fair judicial trials in r,rhi ch the accused could have exercised their inalienable right to unirnpaired defence. )o? pannlF o.nfir.re tn disrnnear'.in Cl^ile after detention by securitv agencies and, although the nurnber of disappearances is currently not as high as in the past, no effective measures have been taken to stop this practice or to punish those responsible for it. lrloreover, the Group continues to receive extensive and det;i1ed evidence proving the arrest and detention of peTSoFs who were relorted in the pasl to be rnissing, and vho reI:-ain missinq. In this connexion, the Groun is disturbed at the information it has received concerning the effects on chil-dxen of the disappearance of a parent. 2g\. ar\ spite of the Grouprs request in its report to the Conrnission on H]]man Riqhts at its thirtv-third session that a ful1 investigation be made into the nurnercus cases of missing Fersons, no such investigation has been initiated by the Government of Chile. The Group once again calls upon the Chilean authorities to irndertake an investigation into the cases of missing persons, in particular the 383 and 501 cases presented to the Supreme Court, and to make the results of the investigation public. This situation constitutes a €lrave hurnan tragedy and ca11s for strong actj.on on the part of the United Nations. The Group believes the investigation should deal in particular r^,ith the testincny of witnesses and docrmentary evidence of arresi and detention of the missing lersons. The Group does not believe invest i gat:'. ons only into the supposed current vhereabouts of rnissing persons is an adequate or fruitful nethod in cases where evidence of the arrest and delention ot- such oersons has been produced. Furthex, tbe Croup is of the viev that a visit of the members of the GIoup to chile could be a potent factoT in resolving, by on-l-ne-s!ot investigaLions, the quesLion of missing oersons and in hringi'rg tn l;ohf' i,he true state of affairs. 295. Torture continues to be inflicted on d-etainees in Chile. Tf the nrxlbeT of rzia+inc i< haFhane nn* q< hioh r< in ean-a racl- narinds. tle corhination ^f -h'reil'a] and psychological torture shoss a consciously planned systern designed to nake torture more effective and te11ing. Torture has becone an integral parb of the nevly irnplernented system of intimidation, airned at persons befieved to be opposed -lto- to the r6gime. The refusal- of the Chilean authorities to trosecute and punish tlu;e resnonsibfe for toyture, as requesteri by tle lencral Asserblv, reveals cleirrl:/, thsL there is -official support at tire highest 1ev-^1 r'or contirluation of the nracti,,.-t of torture in Chile as a towerful veal;on of politicol jntinidation and persecutir::r. 296' T]ni-B official connivance in such activities of the various security or.gans is also shovn by the innurity the organs and their agents enjoy fron the Jurisdiction of the Chilean courts. 2-97' Tl-e Group has repeatedry exlressed in its previous repo'ts its .rr.ave concern about the activities of DINA, its unfimited powers and its impunity. The resolutions of the General Assenbly and thosl of the conrmission on Ilr.:man Rights concerning chile have also voiced the same concern. Tr:re Grour has criticatry analysed (paras' t61-t65) the decree-r.*" lrt-,q ano, the estabfishnent of the central Naeional ".r.ti.,.g-to-irr"'ii";.i"ir""-rrde rnforrnaciones dissolution and it hopes that the of DINA nay prove to be a step tor,rards the restoration oi human rrghts in chile' It hopes that the newly created central liracional de rnformaciones and the other organs of state security wirl not repeat the abhorrent practices of the DINA and that a11 of their activities nil-I be subject to judieial scrutiny. At, tl"*:-lt" time' the Group deems it neeessary to express its trope that the clissorution of DrNA wilf be folrowed by the prosecution before competent courts of law of those DrIilA officials vho have been responsibfe far viorations of hrunan rights and for torture of thousands of chi.lean nationals. The dissolution of DrNA should have for corollary the ful1 restoration to the judiciary of its po.wers; this Voul-d constitute the only guarantee for the real protection of human rights. 2!8. The constitutional Acts Dromulgated in september :19T6 proven to be a mere fagade. erected by a r6gine that vishes to aopear as acting under',a\te constitutjonal authority and nationaL and internationaf teg-afity. 299- rhe prorruJ-gation of constitutionar Acts Nos. 3 and )r in september 19?6 had been thought of as a step tovard the evor-ution of the chileax 1ega1 system and as f\:ndamental inst..ments safeguarding the rights of the citizens. It has been observed, horarever, that Constitutional Act fro, 3, wnich specifies rights and duties, contains at least JB provisions lrhich call for further definition or irmlenentation by means of lavs or statutes to be subsequentflr enacted, and that no fegistation to this effect.has,. to date, been enacted. Constitutional Act No. l+, lmergency regrmes", vhich \,ras intended to formalize the por^rers of the"ntitt"a Government in circumstances of emergency and establish linitations on their exercise, was, with the exception of tvo articles, to corqe into force on the date of publication of its complementary legisration. This legistation has not, to date, ieen enacted, The 300. only portions of constitutional Act IrIo. L vhich did conie into effect on 1t- ?""!."oi: lpl6, hor,rever, constjtuted a liritstion on the exercise of Lhe renedy of anparo (habeas corpus) and the renedv of orotecLion, j{ith the ororul qation of later legislation (decree-law rlo. 168l+ or 28 January 197?) ttre remedy of rcrotection was vi rtually abolished during a state of siege. The r.rorking Group is constrained to observe that the Constitutional Acts af t97G nave not fu1fil1ed the expectations that they had raised. Basic hurnan rights have not been cfothed- in constitutional -120- only safeguards, and the prol'nulgation of these Acts and subsequent decrees has served to lend 1urther coniusion and instability to a legal- system already susceptible to abuse at the discretion of a military authority with unlinited and undefined absolute povers. since the 301. Severe lirnitations on freedom of expression have been inposed of the vear. Radio Presidente Balnaceda' one of the last relativell. beginning 1977 by the indepenaent media of mass cornntuni cation, r'ras closed dom on 28 January Government. Appeal fron the n:il-itary order vhich silenced the voice of Radio Balmaceda vas foreclosed by the sirnultaneous enactrnent of a dec"ee-1aw that rendered the constitutionai remedy of llotection inoperative during a state of si ege. the enactment on 302. Another-isir;i maior devel-opuent finiting freedom of expression vas ;;;; orderi No. 10?, which requires prior authorization iino.."rr {tiri-""v neffspape"s Chi tf$ergency Zone for publication or importation of al-l by the ef of on all ' ;Lurnals or other printei orait"t. This irposition of direct eensorship to be circulated in Chile has been rnet ll'ith severe criticisn in Chile iublications and a serious a.nd internationally and can only be deplored as a further linitation inroad on freedom of' expression in that country' bv Lhe 303. The educational systen continues to be subiected to severe contTol mirr'rqrv errthotitics: course curricula have been rnodified so as to suplress the present discussion of subjects that mi eht be inconsistent vith the ideolo4r of the r6gime; new subiects have been introduced' to foster the concept of national s" t:.iy as an iverriding concern. The cost of education, traditionally borne substaniially by the Staie, has now been largely shifted to the student ' This charge, particuiarly in a of economic crisis' has resulted in depriving ieriod. the guaJantee tr.,os e vtro have only finited financial means of an education and belies oftherighttoeducationsetforthintherelevantconstitutionaltexts.The srr.ppression of ideological pluralisn and limitations on the access to education only present ieprivation of intellectual fTeedoin' but nay be expected result not in people are to have far-reaching effects on the future of a nation whose able young being denied the intellectual training for futrlre development througl the creation of an atmosphere qhere thinking is reginented. econonic crisis the Government of Chile has pursued 3O\. During a vorld-wide to progranmes which perroit the greatest burden of economic and social deprivation on the poorEst strata of its population' The restrictions on the ia11 excessivel-y situation exercise of trade union rights and. the controf of vages in a of expanding inflation is resulting in widespread".gt""""" poverty' the l-sbour 305. The limitations on the exercise of trade union rights has deprived of the ability to participate activeLy in national life' Labour union official-s"ector appointed ty tne Governnent replace the freely chosen representatives and do not reffect the community interests that they are supposed. to-rep].esent' PersonsprominentinthetradeunionnovenenthavebeensubJeetedtohaTassment' intirnid.ation and anest ' -T2I- 305. The cut-back in government slending on health care services a-nd the restructuring of the public health orogra:n:nes has resulted in a dininution of medical care to broad sectors of the population. Disnissals of heaJ-th care personnel, and. the enigration of nedical, nursing and technicat staff have aggravated the situation. Coupled vith the economic inability of the poo"est strata of the poputation to obtain adequate nutrition, this constitutes a long_ term danger to the physical well-being of the people. 307'.The working cxoup deprores the continuing practice by the Government of depriving chiLean citizens abToad of their chilian nationality because, in the opinion of the Governnent ' trrey are damaging the essential interests of the state. The refusal of the Government to pernit the return to Chile of certain Dersons who have been expel-led and. who have requested the right to return is in direct contravention of the rnternationar- covenant on civil and political Rights, ro vhich ctrile is a ps'ty. The declarations of the government representatives that chile recognizes artd respects the Covenant and lerforrtrs its oblieations thereunaler. contrast sharply r^rith the Government's actions. 308. Despi.te the assurances of the Chilean Govemment that chilean DassDorts woulal no longer be issued bearing the endorsement ttvalid only to leave th-e country" which - end-orsement restri.cts the holder's freedon of movement - the Government has continued to issue such passports, The government representatiyes have stated. that the holders of such passports may €xchange then for n€w ones rdthout the endorsenent. The Group has not learnt of any such exch€neles of passrorts actually taking p1ace. 309. The situation of refu.gees continues to be a' area of concern to the working 9_l:_ll, Thlough the efforts of the United Nations High Conrnissioner for Refugees (uNHcR)' the rntergovernmenta.r- committee for European Migration (rcEM) and the Governments of nr.merous countries which have offered a haven to persons who have fled- the country and those who have been expelled, many refuqees have now been resettl-ed abroad. The difficur-t and eostly task of re,niting tanilies ana assisting these persons in estabrishing thenserves economiceJly, socially and cu-lturally in a new environment continues. fhis was one of ttre motivating factors behind the suggestion of the Group in prior reports concerning the possibility of establishing a trust fund for Chile, anri the Group hopes its su4lgeslion will continue to receive due consideration. 3f0. The wodring croup has been encouraged by hearing frorn many r^'itnesses that its reports and the decisions of the General Assenbly and. of the connission on Human Rights, backed by international action, have helped s great deal to improve the situation of hur'an rights in chile. ftre I,Iorking Group is of the vi ew ihat nuch has been accomplished by those combined efforts, but nuch yet remains to be accomplishedr as the present report reveals. The situation in Chile lust continue to remain a natter of international concern. rn the light of these observations, it is for the General Assembly to decide about the ertension of the n€nd,ate of the l.Iorking Group. If it decides to extend the mandate, the r,forkinq Group vould vi11ing1y carry out the obligations that may be entrust;d to it ty tfre UniteO Nations, -t22- IX. ADOPTION OF THE NEPORT 311, At the neeting helat on 25 August Lg'].| the pfesent report was r:nanim'ously adopted. and signecl by the members of tbe Ad Hoc Working Group of Experts ' Gtrula.n A1i Auana (Paki stan ) Chairnan/RaPPorteur Leopoldo Benites (Ecuador) Abdoulaye DieYe ( Senegal ) Felix Errnacora (Austria) 1.,1. J. T. Kanara (Sierra Leone) -123- AI{NEX I Protection of hr.uran rights in Chile The General Assernb-Ly, Sgiigrg!& its resronsibility under the charter of the united Nations to promote and encour:age respect for human rie-_hts and funda:nent al freedoms for all-. l_qg_g4i4S that" il ..cccrcance rrith the Universal Decfaration Right;;E/-everyone of ilnnan has tbe right to 1ife, ribefty an. the security of person and thc ri eht not to be subjectecl to arbitrary arrest, detention or ex-i1e, lr to rortu"e or to cruef, inhurnan or degradin5: treatment or punishnent, Recal'fing the Decfaration on the protection of A11 persons fron Being SubJectecl to Torture and Other Crue1, Inhunran or Degradin€! Treatment or Punishnent o unanirnously adopted in its resolution 3\52 (nfi) of 9 Decenber 1975, _ Cgnsiderins that, in its resol,ution :)+t+B (fff) of 9 December 19?5, the General Assembly expressed its profouncl distress at the constant and fiagrant viofations of hrman rights vhlch ha.ve tahen pLace anal continue to take pface in Chile, incluC.ing the instituti onali zed practice of torture, cruel, inhurnan or degrad.ing treatnent or puaishrnent " arbilrary sJreste detention and exile, Reaffirning once more its cond.ennation of all forrns of torture a.nd of cruel. inhuman or degrading treatment or punishment, -Oonsidering tha.t its previous apleals to the chilean authoyities and" likevise, appeals by the Economic and sociaf council, the cornmission on Human Rights, the sub-coruission on Prevention of Discrimination and protection of Minorities, the rnternational Labour organisation, the Uorld flealth organization ar.cr the united ItTations Educational, scientific and cultural- organization for the restoration and safeflra-rding of basic hunan rights and fund.smental freedoms in Chile have hitherto remainecl unheeded. Bearing in rnind resolutions I ( xXxI ) of 27 February t975 arld 3 (nrXII) of 'lO T'clrnrorr 10'14 V ^l of the Commission on Hu:nan lights , a/ Resolution 217 A (III). See Officia,I Records of tire Economic - .\/ and Social CoLrncil, fift Session, Supp@ sect . -A.. c/ Ibid., Sixtieth Session, Supplenent No. 3 @/:-T68), chap, XX, sect, A. -124- B (XXIX) of 31 August 1976 d/ of Taking into account resolution 3 r4inorities'.the Sub-Commission on Prevention of Discrimination end Protection of Having considered the reports of the Ad Foc I'lorkins Group on the Situation the Chilean of H,::nan nights in Chile" e/ as ve11 as thE-doc-Gments subnitteo- bl' authorities, f/ Ta.hing note of the statenent by the chilean authorities of 16 Novenbet 1976" t.ouglTT-oth" .ttention of the General Assenbly by a letter from the Pernanent Representative of ChiIe, g./ foa the cormend-ing the chairnsl and the nembers of the Ad Hoc Working croup manner in which the report taE-i-repared despite the thorough and objective ' in refusai of the Chilean authorities to perrnit the Group to visit the country accordance r,rith its rrtandate, and Concludi.ng that consts.nt and flagrant viol-ations of basic human rights place Chile tunAalrtentaf t edoms continue to take in ' that constant and flagrant viol"ati'ons 1. Expresses its profound ind-ignation particular have talren to take place in Chile in of hr:nan rights 1I;iE ' treatrtent the institutionali zed practice of torture, cruel, inhuman and degrad.ing. or punishment, the disappearance of persons for political reasons' arbitrary arr'est, deteniion, exile and cases of deprivation of chilean nationality 1 2. cal-l-s once more ulon the Chilean authorities to restore antt safeguarcl ' ryithout a.r', l""lc h* liehts and furidamental freecloms and ful1y to l'espect provisions of-th. irrt i onal instruments to rhich chile is a larty and" to ""rlat this end: (.) To cease using the state of siege or energency for the purpose of the viotatTng human rights and flmdamental freedoms and, having regard to Ad Hoc ilorking Group on the Situation of Huraan Rights in Chile' observations by the with to te-examine the basisii which ihe state of siege or emergency is applied a view to its terrnination; (!-) To put an end to the practice of torture and other forms of cruel' inhr:rnai or deArading treatment or punishnent by Chilean state agencies' rarticularly ihe lirecci6n de Inte-ligencia Nacional, and to prosecute and lunish those vho are responsible i . (") To clarify forthr,tith the status of individuals nhose d-isaplearance is attributable to political reasons ; d./ See E/cN. )+/1218 , chap. XVII , part A. e/ 4/10285, annex; A/31/?53' annex ' A/Q.3/3r/Lt-6 and' .3 /3r/ 6 / Add..r . lJ ^/c 4 Alc.3/3t/rr. -t 25_ (dl ro release in:necliately those who have been arbitrarily arrested detained withcut charge and tirose or rrho """-i.rl.i"oo sole1y for political reasons; To release, ,(.) furthernore, those r.rho are detained or imprisoned - which did on account ;:'.:"::,,;lr;l]1"to"" "oi "o""iiii,i"*."",i.inJ o;;.;;:-;';;; tirrre they (_l) guarantee To fully the right of habeas corous (e:otaro): (6) To cras' the arbitrary der:rivation of chi.lean nationality ard it to those r,rho have been so deprivecl: to restore (b) To respect the right of everyone to freedom of association with others, including rr:cht to forr:r arld join interests .the tracle unions io" ii"-p"ot"ction of his (j) ?o guarantee the richt to intellectua-l freedom; s ttre fact that, despite previous rne*"^ unrlean-,!epr:,re authorities . assura.nces to the conrrary, ^i_:. persistently refuse to a1lor,r the aa noc r,,Orfrin! visit the country in accorclance r+itt its .""J.t", O"oup to I'Tenbea states, united llations agencies organrzations^-^^-1- -.rrivites to take and other international steps r'rhich they nay appropriate as to the restoration and safeguard-ing "oi"io.. a contribution .; ;;;";;;ts and fundamental freed-oms in chi1e" in accordance vith the pr.pJ""" .rJ pri"iipi"s ltrations" and ,,relcornes of the charter of the united the steDs already taken to this end_: 5. Invites the Corrnission on Hlraan Rights: (9.-) fo extend_ the mandate of the Ad Hoc triorking Group, as presently constituted, so as to enabl-e it to repoit-EE-tnJ- ceo""rf thirty-second session, Assenbly at its and to the co**i""lor, .f-lt" tnirty_fourth session, nith such add_jtional information as ,uy tu n.".""u.y;- (bl To fornulate recormrenclat ions on possible humanitarian, financial aid to those legaJ. and arbitra_rily soned to those forced feave the country and to their rel-atives:";;";;";";;';;pri , to (") To consid-er the consequences _- .- of the various forns of aid- extended to the Chilean authorlties l E:!}r,e!!g the President of the thirty-first -^ssernbry session of the ceneral ^^^^*f;-- a.nd the Secretary_General_ to assist in any way they in the re-est ablishnent may consider i:"ffiii::t. or lasic tr'nan rigtrts ana funOa.rentrt f"u"ao,o" -].:1a- ANI'IEX II Cornmission on 1{ resoluti LXXTTI ) of r-hil'- Studv of re d violations of hr.Lnan ts ih witl] larticul ference tortrre and other lhe Commission on ILrman Rights' for hrxnan !-glsjfgs of its responsibility to promote and encoura'ge resTrect ri5lhts and fundarental freedoms for a].l' Recal]'ingt}rattheUniversalDeclalationolllumanRightEsolemnlydeclares tnat E Effin-. itas the right to 1ife, liberty and security of person anC the right or exi1e, or to torture or not trj be subjected to arbitrary arrest ' detention cruel- 1 inhuman or clegrading treatrnent or punishment ' iecalling the Decl-aration on the Frotection of All Persons from Being Punishment s eZild-Ii-Ert ur e e.nd Other cruel, Inhrrnan or Degrading. Tt"?11:"1-,-?:, ' unanimously'-,1; adopted by the General Assembly in its resolution 3452 (XXX) ' (xxx) ryf!!S.-t...L!!9g General Assembly resolutions 3219 (xxlx ) , 3l+l+B ana th" protection of human rights in Chi1e, lf/fetr "o".Ei"i"g Considering its resolutions 8 (XIXT)' in which an Ad Hoc working GrouP.to and 3 (xxxrl)' inouire into the situation of hrulan rights in chile """-e.tu.blished, in which the nandate of the Ad Hoc Working Group o 1"Ias extended, llavins considered tne report of the Ad Iloc Working croup.(n/ctt')+/1221) as ve1l ana Add.1-3) u" tr,E-ao.llrnEiG-iGt]i t u a by the chilean-!fiI6rities lp/cn.t+/tzt+l ' 1. ExFesses its appre to the Chairrrran and the members of the Ad Hoc l{orking cro,rp for tfr. tftorough a.nd obiective manner in which the report vas p""p.".d, deipite the persisient refusaf of the chilean authorities to pennit the Group to visit the couatry in accordance with its nandate; 2. Shares the profound indignation expressed lly the oeneral Assenbly in its place"es.,].utio,'ffintvio]ationsofhrxlanriqhrshavcta]ren and continue to take pJ.ace in Chi1e, in particular the instituti onali zed practice of torture' crue1, inhuman and degrading treatment and punishnent ' the d.isappearance of persons for political reasons, arbitrary arrests, detention' exile and cases of d.eprivation of ChiLean nationalityi 3. Calls upon the Chilean authorities to put an end to the inadmissible nrqai-..i nr- of sec.r-et a.rrests and subsequent disappearance of persons vhose detention is systematica]1y denied or never acknor'rledged; -tzT- f+. qa!1s q4ce more upon the Chilean authorities to restore and. safeguard, i^-ithout Oefay, irZiTc irumanlights and funda&ental freedons and fully to respect the provisions of the interrational instrrrents to nhich chile is a party, and to this end. to implenent paragraph 2 of General Assenbly resolution 3I/I?\; 5. Requests the Secretary-Genera] to invite l,{enber States, United. ltrations agencies and international organizations to inform hin of steps taken to implenent paragraph 4 of General Assenbly resolution 3I/l-:2\ and to rep-rt to the ceneral Assembly at its tbirty-second session and to the cornrnission" at its thirty-fourth s es sion r; 6. Requests the Sub-Connission on Prevention of Discrimination ard Protecti.on of l'linorities at its thirtieth session to undertake a stud.y on the consequences of the various forms of aid extended to the chilean authorities and to present a progress report thereon to the Conr:lission on Human Eights at its thirty-fourth s ession : T. Further requests the Sub-Cormission to analyse feasibte ways to 6ive humanitarian, 1egal and financial aid to those afbitraxil-y aJrested or imprisoned, to those forced to leave the country and to their relatives, and to present specific proposa-ls to the Cornnission at its thirty-fourth session; B. Extends for one year the mand.ate of the present Ad. I{oc Working croup, made up of the foLlowing menbers, to wolk as experts in their personal capacity: xlx, Ghul8m Al-i A-L]-ana (Pakistar), Chairnan-Rapporteur, Mr. Leopoldo Benites (Ecuador), I{r. r'elix Ernacora (austria), t.{r. atooulay" li6ye (-senegat ) ana Mrs. M. J. T. Ka&ara (Sierra Leone), and. requests it to report to the ceneral. Assenbly at its thirty-second seseion and to the connission on Human nights at its thirty-fourth session witb such additional- infonnation as may be necessaly; 9, hequests the Secretary-General to render to the Ad Hoc Working Group all the assistsnce r^rhich it might require in its workl 10. Reconmends to the Econonic and SociaL Council to make arrargements for the provision of adequate financial resources and staff for the inplenentation of the present resolution: 11. Decides to eonsider at its thirty-fourth session as a matter of high priority the question of the violation of human richts in Chile. ANNEX III cations received lGiginar: FngI i sh/ letter dated 10 l4arch 1977 fron the Permanent Representative of Chite to the United lilations at Geneva addressed to the Secretary-General , trans:nitting an official declaration of the Governnent issued on 8 March concerning the statenent made in the Corrnrission on Human Rights on 8 March by the representative of the United States of America, Letter dated 14 }{arch 1977 from the Perrnanent Representative of Chile to the United Nations at Geneva addressed to the Und er-secretary-General o Director- General of the United Nations Office at ceneva, requesting a copy of the transcription in English of the statenent rnade in the Conmission on Hunan Rights by lfts . Isabel l{oreI, vidow of l4r . letelier , on 9 lrlarch 19TT . Letter dated 15 l4arch 1977 fron the Permanent Representative of Chite to the United Nations at Geneva ad.dressed to the Secretary-General transnitting the raedical report lJith regard to the sutopsy reports on death of i4r. Soria nspinoza. Note verbale dated.24 l4arch 1977 from the Permanent l{issi.on of Chile to the United Nations at Geneva addressed to the Secretary-General , transnitting a photocopy of an article in the Chilean newspaper El Mercurio, of 19 l4arch 1977, which ].er\rnd'r.'eq t.ha pr+ira enaA.h 1A trlo-^h to77 1-., +h6 ppaeidAr+ nh1'Ip ^h J) I I UJ ^f Note verbale dated 12 April" 1977 from the Pernanent Mission of Chile to the United Nations at Ceneva addressed to the Sec retary-General, submitting information regarding 68 applications for permission to return to the countly from persons who had. left the country under an expulsion order (Decree 501+). Note verbale dated 18 Aprif 197? from the ?ermanent }4ission of Chile to the United Nations at Geneva addressed. to the Secretary-Genera1 , transnitting an official statenent of the Department of Justice of the United States of Anerica, dated 1l+ April f977, in regard to the official investigation of the death of Mr" Orl-ando Letelier, Note verbale dated 5 IAay 19?? fron the Pernanent Mission of Chile to the United Nations at Geneva addressed to the Sec"etary-General , transmitting a copy of the statenent nade by the }.tinister of the fnterior of Chile on 11 March f977 concerning the social action policy of the Governnent. Note verbale dated 10 May I9T7 from the Perr0anent l,lission of Chile to the United Nations at Geneva addressed- to the Secretary-General , transnitting a copy of the public statenent dated. 2 May 1977 raade by the Department of Public Opinion of the Archbishopric of Santiago, concerning statements attributed to l4r. Luis Corvalan Leppe in reference to the use of the roney of the Lenin peace P"ize granted. to hitr. Letter dated. 11 l4ay 19?? from the Perrnanent Representative of chil-e to the united Nations at Geneva ad.d.ressed. to the Director of the Division of Iluman Rights, transnitting the reply of the Government of chile to the Letter addressed to it by the Chairnan of the Aat Iloc llorking Group concerning the meeting of of the Governbent w"ith the Group during its sessj.on of "epresentatives15-20 May f9T7 at ceneva. Note verbale d.ated L8 May 19?7 fron the Per&anent Mission of chire to the united Nations at Geneva ad.dressed to the Secretary-Ceneral, subnitting infornation concerning the situation of the various trade-union organizations nentionecl in the Grouprs repo"t to the last gession of the Conmission on Hunan nights, Note verbal-e dated 20 May 19?7 fron the ?ernanent l4ission of Chile to the United Nations s.t Geneva atldressed to the Chaiman of the Ad. Hoc Working Group, transnitting the documentation exchanged. betveen thJ Int&national Conmission of the Red C?oss antl the Goveannent of Chile concerning nanes of persons reported d.isappeared. Note verbale dateal 9 June L9?7 fron the perrnanent Mission of Chile to the United Nations at Geneva ad.d.ressed to the Secretary-ceneral-, transnitting infornation about Decree i]o. 1905 granting partlon to ffonen and minors in cerbain circunstances and enclosing a copy of the Diario Oficial with the text of Decree IIo. 1805, Note verbale dated 9 June 1977 from the Pernanent Mission of Chile to the United llations at Geneva add.ressed. to the Secretary-General" , transnitting a copy of an unofficial translation into Englisb of the speech by the Pernanent Representative of Chile to the Unitett Nations at the sixty-second session of the Econonic and iioc ra-L uounc].L . Note verbaJ-e dated 17 June 1977 from the Pernanent Mission of Chile to the Unitecl Nations at Geneva addressed. to the Director of the Division of Hrman Rights, trsnsuitting to hin a conmunication f"om the Chilean Government informing that the rep.ly to the letter addressed to it by the Chainman of the Group, dated 20 }{ay 1!ff, wil-L be forthcoming in the following days. Note verbale dated 20 June 1977 from the Pernanent },lission of Chile to the United Nations at Geneva add,ressed to the Secretary-Creneral describing the circumstances of the release of l'{r. Jorge Montes. Letter dated l+ July L9?? fron the Permanent Representative of Chile to the Unitetl Nations at Geneva adalressed. to the Chairnan of the Ad Hoc Working Group, in repLy to his letter dated 20 Mrv 1977 concerning the visit to Chile by the croup, Note verbale tlated 20 July 19?? from the Permanent l{ission of Chile to the Unitetl Itlations at Geneva addressedl to the Secretary-General , transnitting the text of the speech d.elivered by the Presid.ent of the Republic of Chile on 9 July 1977. Note verbale dated 12 August 197? from the Permanent trlission of chile to the United Nations at Geneva addJessed to the chairnan of the Ad-49q Working Groutr) containing infornation regarding certain aspects of human rights in Chife and transnxitting varioug relevant lublications . Note verb a1e dated. 1? August 1977 froux the Permanent l{ission of Chile to the United Nations at Geneva ad.dressed to the Secretary-General, transntitting the texts of Decree Law No. 1876 (Dissolution of DINA) and Legislative Decree No, fBTB (nstalfishing the National- fnfornation Agency). Note verbale dated 25 August 19?7 fron the Permanent l4ission of Chile to the United Nations Office at Geneva, addressed to the Chairnan of the Ad Hoc Working Group. ANNEX ]V Letter dated 20 April f977 from the Director of the Division of Human Rights ad.dressed to the Permanent Representative of Chile to the United Nations Office at Geneva /O-riginal: SPanisnZ I have the honour to refer to resolution 9 (ntrrl1 ) adopted by the Conrnission on Human Rights on ! March 1977 concerning a study of reported violations of human rights in Chile, In accordance with paragralh 8 of that resolution, the Conmission extended. for one year the mandate of the Ad. Hoc Working Group on Chile and requested it to report to the General Assenbly at its thirty-second. session and to the Cornrnission at its thirty-fourth session vith such additionaf inforroation as nay be necessary. Copy of Conmlssion resolution 9 ()O(XIII) is attached hereto. Mr' Ghulan A. A11ana, the Chairnan of the Ad Hoc Working Group, who is at this time in Karachi, requested me to infolm Youx Xxcellencyrs Government that the Ad Hoc Working Group vi1l resume its meetings at the Palais des Nations in Geneva from 16 to 20 I'{ay 19?7. In this connexion I am asked to inquire on his behalf whether Tour Excelfency's Government would vish to have its representatives meet vith the Group at that tirne and provide it with any vritten or oral lnforraation. (siened) t{arc SCHRIIBIR Director Di.rrision of Huraan Rights -l ?2- ANIIEX V naJ- : Spanish/ 1 shoul-d l-ike to begin by offering you my most sincere congratulations as you take up the inportant functi.on of Director of the United ltlations Division of Human Rights. Your recognized integrity, wid.e knorrle dge and experience sre for me and for the Government which I represent a sure guarantee of effective and constructive action in a fiel-d as sensitive and important as that in which you ui1l be carrying a.^r,F /1r,+ i aa ^rri ... I also take pfeasure in replying to the communieation of 20 April 1977 transnitting to ne the question raisett by Mr. Ghulam Al-i All-ana, Chairnan of the Ad Hoc !/orking croup, naruely whether the Government of Chile ltouLal like its representatives to meet with tbe Group d.uring its session of 15-20 May at the Pal-a"i s des Nations, Geneva. In this connexion, I can inform you that it has always been the aim of my Government to co-operate closely vith international bod.ies and that it reaffirns its desire to do so on this occasion, nore particu.Iarly with regard to the A4 Hoc l.torking Group, in the hope that it vilt prove possible to reach an agreenent for the settlement of outstand.ing natters in a way vhich safeguards our sovereign interest s . I vould therefore be grateful if you would connuni cate the foregoing to the Chaiman of the Ad. Hoc Working Group. The undersigneal, together lrith the Counsellor of the Pernanent Delegation of Chile in Geneva, Professor Luis Winter, vi1I comprise the delegation of the covernment of Chile for this purpose. (sisnea.) Manuel TRUCCo Ambas sad.or Permanent Representative ot unL,Le -r-J 5- AIINEX VI Letter dated Office at Oeneva The members of the Ad. Hoc l{orking Group on Chile requested me to convey to you our pleasure at having had the opportunity of neeting Your ExceJlency and Mr, Luis Winter d.uring our meetings of LB-20 ltlay 19'17. I wish to assure you that the infornation you presented during those neetings to the Group, both orally and in wri.ting, on steps ta-hen by Your Excellencyts Government to restore human rights in Chile and the discussions of this infomation vi1I be fu.lly reflected in the report of the l,lorking Group to the ceneral Assenbly at its thirty-second session. As we inforued you during our cliscussions, tbe llorking Group was in the process of naking final d.ecisions concerning its prograJoroe of vork and its field mission during this sr.rtrmer. In this connexion the Group expressed its desire to visit your eountry, i-n fulfilling the mandate entrusted to the Group r:nder Cornmission on Human Rights resolution I (nO(I) anal requesteal you to convey this desire to your Government. The Group has asketl me to reitetate this desire. Taking into consideration the practical and. logistical arrangements necessary for its progranDne of work for the slr trer, the Group lrouLd be nost grateful if the response of Your Exeellencyrs Government, which ve hope will be positive, cculd be transmitted to the Group l.rith the least possible del,ay around the middle of June 19?7. The reason for this tine-liniting factor is that the Group, in order to firlfll its mand.ate and to d.raft its report for tr-tne1y subnission to the General Assembly antl Your Excellencyts Govern:aent r,ritl begin its fiel-d mission of three to for.rr neeks on 11 July 19?7. We s.re hopeful that the Government of Chile l.'ill ma.ke a positive affiruration for such a visit of the Working Group. Hovever, shoql.d. this not materialize, the Working Group will carry out its progra,rme of work as it nay deem appropriate. f wish to reiterate to Your Excellency the point maale during our meeting regardlng the subnission of the Grouprs report to the GeneraL Assembly and the Conmission on Hunan Rights to You? ExceJ'J.encyrs Government the soonest possible and., subJect to the proviso, that the progranme of vork to be clecid.ed upon by the General Assembly and the Conmission on llunan Rights makes this possible, one month before the report ls to be considered by the Third. Cornittee of the General As s eiably or the Conmission on Human Rights, as the case nay be. In this connexion, the Group notes that Your Excellency expressed consent. (Sienea) Ghulaln Ali ALLANA Chairnan of the Ad. Hoc Working Group on Chile -f i.+ - ANNEX VI1 llote v':rba1e dar,ed I/ June 1t77 fror the Permanenf, 1jssion or fhi.Le to thqunited lilations Office at Geneva addressed to the Director of tfre Divisicn of Hr.man Rishts lOriginal: Spani sn/ The Per:nanent ilission of Chile to the office of the United Nations at Geneva :nd other internatjontl or4,rnizations having their neado_uarlers at Geneva presents iLs conpJ jnents Lo tlre Director of thc D-ivjsion of ilunan Rights ond has the honour to inform hirn that it has not yet been possible to send him the Chilean Goverment's reply to the letter dated 20 jfay fron the Chairman of the Ad Hoc triorking Group of the Commisslon on Iluman Rights, since both the I"linister for Foreign Affairs and his advisers na.ve been occupied, firsr of all, with preparinE Chi-Lers participation in the General Assembly of the OAS and are at present in Grenada attending that Conferenc e . The Chilean Government has nevertheless instructed this l{ission to infom the Director that the rep.Ly tri1l be sent within the next fev days, The lernanent liission of Chife requests the Director of the Division of Human Rights to inforn the Chairman of the Ad Hoc l/orking Group of the contents of this note and takes thfs opportunity to reiter:rte the assurances of its highest consideration. -t 15- ANNEX VIII ter eci 4 e Pemanent to l,he United ons 0f addres s to the Chairman of the Ad Iloc ltrorking Group foriginal: Sneni shZ In a Letter dated 20 May you informed rae of the decision of your Ad Hoc l,/orking Group to incl-ude in the report it is to submit to the General Assernbly-E-its thirty-second. session, alf the verba-l ard vritten information received frou our Government in connexion \rith the restoration of normal conditions in chile with regard to ruatters r,rhi ch the cormission on Human Fights had referred to it for investigation and examinati.on i you al-so reaffirmed that Grouprs desire to visit chile before the session referred to above and stated that, in this way, it vr:uld be able to comply fully vittr its terrns of reference. Wlth regard to the first point made in your cornmunication, ntr/ Government has teken due note of the proposal_ in question, but once again regrets tbat it has not yet been possible to intToduce the mininum procedural rules we envisaged in ord.er to ensure the necessary accuracy and reliability in the matters under consideration and., consequently, the objectivity that is essential from a legal_ st andpoint. trJith regard to the convenience and timing of the pr.oposed visit, ny Government consi.ders tha.t any decision in the matter must take into account the principat relevsrt circumstances and facts, namel,y: (a) There are at present no poJ.iticel detainees being held in Chile in connexion with the state of siege, Tbe refease of ivlr. Jor.ge l4ontes, the last of these d-etainees, enabl-ed. 11 political prisoners of the Germa,n Democratic Republic to regain theiT freed.om. (b) Offences comuittecl against the security of the State are being heard nainly by the regular courts, establ-ished in accord.ance vith the law Drior to the advent of the present Goverrurent and in accordance vith the substantive and procedu.a-l legislation al-ready in force at that tine. (c) chile has emb arked. on a far-reaching end care fu,l-Iy thoughb-out process of institutionalizing its civic and politicar structures in order tc overcome i.n a thoroughl-y d.enocratic marner the serious crisis which was brought about by the marxist experinent and vhich cal,led in question the very foundations of its nat ione-l character ald sovereignty, The President of the Republic proclaimed this obj ective as being of top priority a"nd. as leading to a second stage. (d) The Organization of American states, at the seventh regu-r- ar session of i.ts General Assembry held in Grenada in June o recognized. and agreed" on the basis, -r35- inter alia, of what has been stated above, that Chile no fonger deserves separate treatment in connexion vith the protection of human rights, which is the responsibility of that internationa.l organization, but that it should be. considered in the context of the protection of human rights in 6eneral; for this reason it d.id not request the Inter-.Anerican Comission on Hr.rman Rights fo" another special report on our country, although it cerled for specific leports on other countries of the Cont inent. fhis ettitude is part i cularJ-y relevant in viev of the fact that this Organization had. schectuJ.ed, as future topics for consid.eration, eny alleged "casestt of violations of humar rights of which Chil-e night be accused, since it put to any id.ea of the existence of large-scale, systeuati.c or institut ionalized violations of that nature - epithets vhicb have hitherto been used in a persistent ald unr,rarr arrt e d. manner to our detrioent, in spite of the obviously norna1 conditions prevailing in the country. (e) This statment by the Orgarization of Aneri ca.n States, a regional body of unquestionable competence by virtue of its composition and. knowledge of the area unaler consid.eration, cannot fsil- to be a factor of decisive iuport ance in the exani.nation and eva-l-uation of the issues whictr have been subnitted for consideration to the Group of \rrhich you axe Chaiman; it shouJ.d. also be pointed out that both the Inter-Anerican Cornmj.ssion on Human Rights and the Geneta-I Ass embly of the organization of American States took into account, in aaloptin€ the statenent referred to, the reports of the Ad Hoc llorking Group, as lrell as the relevart reso.Lutions. This is not to say that we ale unan'are of the conpetence of the United Nations in the matter of violations of hunan rights; this competence has afways been recognized a.s evidenced by ny countryr s co-operation. There is, nevertheLess, a need. to harro.onize the activities of legally interrelated bodies in respect of their vork and fields of competence, particularly when they tehe action si.nult aneously on the same i s sue. For al-l these reasons, the Goveruoent of Chile believes that a visit at this time by the entire Ad Hoc Workin€ Group as such wouLd place Ey country in a position wbi.ch woul-d not be consistent vith the decision t aken by the organization of American States in the light of the no!tral conditions prevailing in the country; it could al-s o create a certain anount of confLict between the two lines of investigation being pursued. by two international. bodies of which Chil-e is a mernber and, finally, could make a negative anal confusing impression on national ard international- public opinion. In spite of what has been said ebove, and. in conformity with the principles and posi.tion which Chile has consistently naintained End denonstrated in that connexion' qf Government rrishes to state that the offer nad.e in the cabfe ad.dressed to you on 26 August I!f6 remains open subJect to the cond.itions and on the assumptions indicated therein, which yecapitulate those nade in plevious ccnmunications - all of $hich are containetl in Unitetl Nations General Assenbly alocunent A/c.3/3L/4 of 7 October 1976. In order to facilitate the working Grouprs clecision on what has been stated in the preceding paragraph and to provitle it with any adclitionaL inforraation it rnay require in the perforltance of its task, f wouJ-d be grateful if you would ask the Group to consid.er allowing a representative of ny Gove"nnent to attencl its next meeting; if it a€rees I should be grat eful- if you wou.]-d l-et ne know the date End place of the meeting. (sienea) I',anue1 TBUcco Ambas sador Pe"nanent Representative of ChiLe -138- "^,NNIla IX -= /orif"inal: SPanis nl Governnent Junta of the ReDublic of chile Itini cinr nf *ha Tn|crinr Constitutional ll.cts lTos. 3 and. l+ are l:lrended as follorrs: No. 1,689. Santiago, 9 I'tarch 19??. Consid.ering: 1. The prol?osal ma Tlra-t tle dhird para5raph of the saPle articl-e states that the exoropriations rrhi cl-r are nra"nted or decreed during the peTiod. of six nonths referTed to in the first para.qra:h shalI be noverned by oertinent larls to the extent that they are not contrary to the Constitutional A.ct a.ncl that in such a case, the cor'1pensation determined in confornity vith those lalrs sha.Il' be consiclered to be provisionaf" 3. T:hs.t the first paragralh of the transitional article of Constitutional- Act ltro. )+ on "erernency r6gines" provides, in its first part, that the Constitutional lct shal1 enter into force 1BO d,atrs aftel its publication in the Dia.rio Oficial and that tbe second paraxralh provides that, within the said period, a lan.r to complement the Constitutional Act sha1l be promulgated-. )+" !hr.t the ner:i.ocl of f3O clalrs referreC to in paragralh 2 above r"'i 1,1 cnd on fT r'larch 1q?7 and that the periocl referred to in pa-Ta€raph 3 above rri11 end cn 12 t'taxch L977 . ," lihat, clespite the progress nade on bhe relevant stud-ies entrusted to the Constituent Connission ancl to the Corunission to draft the Cocl"e of llationaf Security" ic r,'i11 not be possibfe to cor.pfete the le,lislation in question vithin the perioCs specifierl , not only because they xelate to cor-.pfex subJects Irhich had to be sufficientl'l nature and- required thorough analysis since this is the first atLennr, in the lelisLative histcry o+ Chil-e, to nrepare' a systenatic coherent anC. -t ?o- harmonious set of laws on matters which, in the pest, were dealt with in a Sreat nany, scattered 1ega1 provisions which were consequently cumbersome and difficult to apply, but also because for these matters it is necessary to ascertain the views of the various institutions and bodies which wi]1 be applying the said legislation. 6. Ttrat, for the above-lxentioned reasons, it is necessary to extend the pe:ioos of 1t0 d6l's refe.i:red to in paratra:hs 2 and 3 of this decree-lav', and Searing in mind: The provisions of decree-Iaws Nos. l and 123 of 1973, Nos. 527 and ?88 of f974 and a"ticle 9 of Constitutional- Act No. 2 of 1!16, The Government Junta, acting in exercise of the constituent power, issues the fol-].owing Decree-Law: Article 1, Constitutional Acts Nos. 3 and l+ are hereby amentled as fo11ow3: (a) In the first paragraph of transitional article 3 of Act No. 3, replace the words "within a period of 180 days fron the date on vhich this constitutional Act enters into force'i by the words t'By 18 Septeub er 1977", In the third paragraph of the same article, replace the opening phrase "The expropriations whi.ch are granted or decreed during the period of six nronths referred to in the first paragraph " by the follofing "The expropriatione which are granted or d.ecreed after the entry into fo"ce of this Act and before the entry into folce of the organic lav on expropriat ions ". (b) Repface the transitional article of Constitutionaf Act No, l+ by the following ; "Transitional article. Thi.s Constitutionat Act shal-l enter into force on the date of publ"i.cation in the Diario Oficial, of the conplementary Iaw referred to in article 11 . Exceptionally ,-ffi;:-ver, the provi sions of article 13 of the Act shatl enter i.nto force on the date of publication of this Constitutional Act in the Diario Oficial and the lrovisions of article 1\ shall enter into force on =:-.=-_--_'|Jr cJanuary ry I { , Articte 2. fhe text of article 1l+ of Constitutional Act No. 4, referred. to in article 1(b) above, relates to the provisions of decree-lav No. 153)+ of 3t January 197?. To be registered in the Office of the Controller-GeneraL of the Republic' to be published. in the Diario Oficial- and to be inserted in the Official Digegt of the said office. - AUGUSTO PINOCI{ET UGARTE, General of the A$ry, President of the Republic. - Admiral JOSE T. MERINO CASTRO, Conmander-in-Chief of the Nevy ' - General GUSTAVo IEIGH GUAnAN, Conrnand er-in-Chief of the Chilean Air Force. - General- CESAR I4ENDOZA DURAI;I, Dire ctor-General- of the Carsbinexos. - t Gene}€-l nAUL BENAVIDES XSCOBAR" Minister of the Interior. - I{I GUEL SCH'I,IEITZER SPELSKY " }4inister of Justice. -11+0- ArrlNEX X Decree-Law ilo, l-58l+ lorieinat: SpanishT Government Jr.rnta of the Bepublic of Chile Ninistry of the Interior of article l-lr of the I{o. 1,684. Santiago, 28 January 1"9?7. Regaral being had to the provisions of d.ecree-1ar+s Nos. l- and r28 of lt?3 and llos. 6e? ano 788 of 1974, and' aLticle 9 of Constitutional Act i,lo. 2 ot 1976 ' The oovernlaent Junta, acting in exercise of the constituent por{er ' trereby issues the folloving decree-law: sole srticle: Article 1\ of Constitutional Act 1{o. l+ of 1976 is hereby relealed and replaced by the following: "The remedy of protection provided' for in arbicte 2 of Constitutional Act 1lo. 3 sha.fl not be appLicable in the emergency situations referred to in Constitutional Act No. \ ot L976 or in other constitutional or legal provisions. " This amendnent shalf enter into foxce on the d.ate of its publieation in the Diario ofic ial-. To be yeoi stered in the office of the controuer-Genefal of the Republic, to be publ-ish|a in ttr" Diario oficiat a,'d to be insertecl in the gfficial Digest of the said office. - AUGUSTO PINOCHET UGARTE, Genera^l of the Arny, Plesident .f Lhc Rcnrrhli.- - General- GUSTAVO LEIGH GUZI.IAN, Connand.er-in-Chief of the Air Force, - Genera.l oESAR Mn0IDozA DURAI{, Director-Genere'1 of the Carabineros ' Yice-Admiral Patricio Carvajal Prado, Acting Cornmander-in-Chie f of the i'lavy ' General C6sar Ra61 Benavides Iscobar, Minister of the Interior. AIiNEI XI ,gt,atenent ty the Presid-ent of the lepubtic of Chile broad_cast on 18 ita.Tch 19?T /urlfl1naL: ulanrs Fellor.r countrymen: As activities in the year 1977 are qettinl. utd.er uay in aI1 sectors of the life of the nation, f have thought it necessary to nake a brief Dublic sta.t ement to exple"in the Oovetnlentis apnroaeh to ltris ner,r sta.qe in our fife, in orCer to helrr us to arrive at a proper und,erstanc-Ling of a number of recent developments. The encoura.ging economic s ituation Despite all the gloony forecasts uhich certain groups and, individuals have been at pains Lo rnake" the econo-ic situation of the country tod.8.,r is clefinjLely encouraging, fn accordarice rrith the priorities r,.'hich lre e:lnounced- exa.ctly a year ago, the cormtry has stabilized its balance of la;rnents it has continued to fi gl,rt inflation r"ith nark-ed success and it has begun "a. process of revitarizing the economy rrhose effects can alreacly be seen in nost sectors of the nation. Although the price of copper has been 1orr, the expa.nsion of non-t raditiona"l exports and the incree.sed. inflovr cf capital attracted by the txanquillity inside the country and the responsibfe conduct of our econonic affa.irs have Eiven us a balance-of-pa)ryrents s1lrplus and foreign currencv rese?ves such as Chile has no.r had for many years. Consequently, r.re ha_ve not had to renegotiate the servicing of our foreign debt in 1976 and 1977, and.!,re have erappled successfulll,r vith the l'ear,1r burden of debt left !s by earlier Covernnents, rrhich rnee.nt rei"bursin. s orne 1"8 billion d.o11ars in the past tr.ro vears. At the s an€ time the annual rate of inflation that rrevailed vhen rre came ro office has been systenatically reduced to about ha-lf the forner figure, and r.re can nolrr c.lairn r'rithout hesitation that inflation is definitelv on the decline. These developments have helpecl to speeU up the economj.e recovery, \rhose results can alreacy be seen in the reduction of unenrplol,-.ra.ent and. the expansion of industrial anc agricultural prccluction o as reflected- in the ind.icators issued- recently by the colrnetent technical bodies, The economic measuTes ad-opteil by the Goverrutent tr"/o treehs ago rrill strengthen the revival in terns of procluction anct- enplol,'rlr.ent and vi11 grad-ually lead to greater "ell-beinf for everv Chilean in his daily life through a rise in the real- value of vafres. In vie\,t of the sound progress of the econorry, the efforts lrad,e by certain people to rnaggri fJr a" sma.ll anc], Iocalizec] d,isturbance in our financiat narket, vhose causes have atready been corrected by the Gove?nment and vhich is of nc significance in thl over-all economic picture, are utteLly ebsul-'f ano Juil af all proportion to the facts. The Govevnment has approached the problern of the srna11 saver with genuine social sympathy, and has gone nuch f\:rther than its Iegal obligations in conrnitting itsel-f to lrotect then. It is al,so firnly resolved to have the offend.ers punished by lav. It condemns, however, in the strongest terms the inesponsibility of those vho try to slread alarn by treating the problem in a sensationa.list or d.eferatofy vay, and the perverse actions of those who cast d.oubts on the stabifity of the economic system in general. The Chil-ean people must rea].ize that perseverance in pursuing a consistent and- realistic econonic policy has been and stiI1 is the on1;' way for us to make progress in our arduous task of rehabilitating the econony and restoring social prosperity, and that they nust therefore turn e deaf ear to rumour-mongers anC pes sini st s . Ttre adoption of a numbel of politica"l and institutional measu"es by the Governnent has recently focused- the attention and conceln of the Seneral lub1ic on !n]-s r Lerd. conscious of its historic nission and true to chilers deeply-rooted national traditions of 1ega1ity, the present Government has endeavoured from the beginning to grapple with the emergency by using whatever po'wers vere necessary to maintain peace within the country vhile constantly striving to build a new and sound institutional fxa.nework. In our Decl-aration of Principles 'we clearly stated our view that the existence of a legal oriler that respects human rights is a besic tenet of the present Goverdoent and that 'we regard the establishment of a new and modernized institutional franevork as essential if the denocratic system which Chile is creating is to be ensured real stability. Nationalist and Christian humani sn The humanist, nationa,list and Christian id.eas ernbodied in our leclsration of Principles are the corner-stone of our ccnditct. They underlie our fufl and unswerving respect for the Judiciary; the creation of the Constituent Commission; the pronul-gation of the Constitutional Acts prepared by the Connissioni the establishnent of a Council of State at the highest fevel of the Republic; the organization of the Legislative Conmissions; the enactment of 1egal instruments to provid-e guarantees to detainees held under a state of emergencyi the progressive release of all persons hetd under the state of siege and, 1astly, Chile's constructive collaboration vith the international organizations. It is especially inFortant to remerobe? these facts today since they are nilestones on our steady progless tovards an institutional system based on clear obJectives which we have firrdy set for ourselves. /... -I+J- iliirirect i'or the judiciary Tn view of the maficious specrrlation that has been rife, it is incr.m:bert unon rne today tr> rcaf irrn that the Covernnent. cver whjch T preside completely restrects the independence of the Judiciary and acknol.rledges the fully binding nature of its rulings as the keystone of the rule of faw. The nev Constitutiona.l Acts With regard to the Constitutiona.] Acts, f must emphasize once again the imrnense importance which the Government attaches to them" since it is on the basis of these instruments tha.t the work being done by the Constituent Comrnission in drafting a nev political constjtution for the Ctate, has begun to be 1ega11y fornali zed. During the present year it will be necessary to proceed vith the drafting of new constitutional acts on natters relating to the o"gans of the State, which vil1 provide a nore comprehensive picture of the nelr institutional stlucture we are building. The amendments made to the original text of the Constitutional Acts promulgated last September have 1ed to certain expressions of concern, on which f feel it is d.esirable to conment. T rnust point out that the Government has alvays nade it c1ea" that the purpose of enacting these Juridical instnments before the promulgation of a cornprehensive Political Constitution is to neet the ilmerative need for an institutional system that rrifl gaaduaUy be given a stronger 1egal content but vill at the s8me tirne be more readiJy adaptable to the requirenents of changing conditions in the country. The Government vilI be vigilant, however, in ensuring that any future reforn of the constitutional Acts now in force responds to a general 1ega1 need and is in keeping lrith the concepts on vhich those Acts are based. In this connexion the abolition of the remedy of protection during any state of emergency vas" dictated by the difficulty of apptyinpl it until such tine as the nerq law to supplement the measures governing states of emergency has been promulgated. Once this new 1eg€l instrument has been enacted, it viII be J,ossible to give ful1 legal effect to the institutions established under the relevart Constitutional Acts' vhose raison dr€tre is t.o conbine the broad powers the Government rreeds during a statE-iTGdEiffiey r^rith effective protection of the rights of the indlvidual. The Council of State - the basis of the l,egislative Chamber In relation to the Council of State, it is r4r r"rish that this eninent advisory -144- body should tafte an increasingly important part in the vork trl: the corerrlment du"ing the present year' and sone important draft legisiation has therefore been renitted to it this week for consirteration. ltrhenever it is deerned advisable o as a means of associating the work of the Council more closely with the different groups vithin the conm:aity, the nation vil1 be suitably informed of the results of the Council's studies and deliberations. f wish speeially to enphasize this point because, once the first lhase of its work is cornpleted, ttre Councit will be transformed by the new institutional systeni into the basis of a rea11y legislative chanber to vhich will be added representatives of the Cnifean people elected in accordance with rules and pricedures that wilf ensure the election of lersons possessing true civic virtues ' The parti es as a rnedir:n- gl-99!g!9g phase it became As the country lras progressing towards this nev institutional ' necessary to dissoive the tiaaitional political parties in accordance r^rith the ideas which I have etpressed on so rnany occasi'ons and in particular at the inauguration of the council of State and in my Presidential Message of 11 Septenber last yea". On that occasion, I erplained that, in keeping with the dictates of our Nationaf Obiective, r:ader the nev institutional system' the political parties ' frora being groups bent upon seizing power for their om benefit, will becorne vehicles of opinlcn whose influenee will depend soIely on the moral calibre of their members and the soundness of their thlories and their practical aims. I added that one of the most crucial protlems for contemlorary democracies is that the short-comings of their constitutional syster.s have allowed the are used by a srnall political-eroup'ot parties to become vehicles for pover-seeking Ihich lladers with no qualifics.tions or lega1 responsibility to distort and uanipulate the participation of the people. No place for the traditional parties I concluded by pointing out that the new institutional systen entail€d the develolment of a body of l-alr in which it should be rnade quite clear that t-he traditional political parties, then in recess did not and could not have any p1ace, becauie their structure, leadership, practices' and mentality had been shaped by an institutional system that has disanpeared forever ' In view of the clarity of this position, which was nade publicly knom more than six months ago, it is surprising that anyone should have been talien aback by the ?ecent dissolution of all the traditiona] political parties, and only failu"e to present the facts properly or to understand the action taken can have 1ed anyone to assume that it signifiea a definitive b?ea.ld i'ith all forms of cirric and political association. I.Ihat we are trying to do is to clear the vay so that we can move fo]'ward fltom the o1d concept of political parties, vhich offered such a favourable climate for denagos. and the infiltration of Marxism, to the new notion of the political party as sinply a med.iun for reflecting cur?ents of opinion. W€ must therefore relinquish the idea that parties are Juridical persons in public 1aw vhich, vith the aid of electoral rules that gj.ve them a virtual monopoly of the votes and political participation of the people, have been transfornled into gigantic power nachines, often financed by foreign or international entities on vhich, as a rule, thev finally become completely d.ependent. Itrat use is it for the people to elect a legisl-ator if he has to obey tbe dictates of a minority which controls the party nachine? 0D1y a systen that eliuinates the need for political parties as a compulsory link between the citizens and their authorities virt nake it possible for the new parties which vill emerge in the l\:ture to confine thenselves to being neclia of opinion that seek to influence the actions of the state vithin the framevork of the institutional rules. gap The betseen these concepts is not Just a question of s ernantics but is reflected in the need for completely different laws fol creation of the organg of the State and the d.evelolment of the systen, and the fltture levels of participation \r the people in the nationrs affairs. The d.issolution of the Darties Onl-y the stubbornness of the former Christian Demccrat party in pe"sistently and repeatetlly violating the recess imposed. on the political parties nade it necessa.ry to proceed. imediately with a neasure vhich the Governnent has been annor.:ncing fo? some tine as part of its institutional progra.me. Thi s is the only reason why the dissolution was applied to all the parties in existence on 11 September 1973 even though some of them had loyaIly and patriotically accepted the rul-es for the recess. The Government has issued the l\_rll- text of the documents p"epared W the lead.ership of the forner Christian Democ?ats in order to give the p€ople an opportunity to see for themselves the nature of the alleged alternative vhich this partisan group that has now been d.isbanded claims to "epresent. These docrrments shov them up with all their enpty verbiage and glib deuagogic eriticisn, and they expose their complete inability to offer the country anything other than the same ambiguities which plunged it into discord and chaos in the late 1960s and culninated in the Marxist disaster of 19?0. There is no better denonstration of the fact that, despite their clains to tre self-critical, they have leeJned absoLutely nothiDg tyon the terrible expe?iences the country went through in the period preced.inpS 11 Septernber 1973. Their anbiguous attitude to conmunism. whose inclusion in the democratic -146- bas made it clear to systen they aspire to is explicitly acknovledged ' -the Chilean leople that tire former Christian Denocrat Party has no well-defined ' and policy for the future of our country but renained contenpoia{, effective again' tied to a past vtlose tragic- outc-ome our people never vish to experience In concluding, I calf upon the Chilean people to leflect on the road we have travelled in the last thTee and a half years as the best vay of appreciating the compa"ed vith the totaf extraordinary progress our present situation represents ' chaos in whi.ch we formd the countTy on taking office' This is the most eloquent reply ve can give to the critics and sceptics at thi s tine. Authority and .lustice Tn order to maintain a tranquillity such as fev countries enJoy in the present-day vorld, we have exerci-sed auihority with energy but always illuminated iy stanaarhs of justice which derive fTom the firro mora] and lega1 principles by vhich ve are guided. beliefs of this kind are the best guarantee that this Governm€nt Spiritual the will niver identify authorit ari ani srn with arbitrariness and the persecution of individual. lle have netu" ttae use of any provision of the faw to stifle freedon of thought or conscienee but solely to prevent the irresponsible and subversive activities of those vho, consciously or unconsciously, might cause us to return to chaos. of this criterion make s it necessary to amend existing If the application faithful to legislation or to enforce some particular provisiono the Government ' the conduct it has pursued in sirch natters since it took office, will not hesitate to do so. We who came to polter on 11 Septenbe? 19?3 have never aspired to.hold it for ever. We realize that lre are here to can:y out a specific and historic mission: to give Chile a nev system of fleedo]tr, Justice and stable progress' We therefore call once again upon .tt Ct il"*rr" to unite in contributing to the daily inc".."irrg civilian/ni1it ar! integration, Just as on Jl Septenber we acted in concert against the opposition of a blind and hostile najority, because the final 'who vho outcome of our actions r{ilI depend on all chileans love their country and a"e prepared to defend hu.rnan freedon against the totalitarian menace' Fe1low countrJrmen: With the help of almighty God, with unsverving faith in the courage and patriotisrn of ou" people .na vitt the boundless enthusiasrn of the young people of Chil-e, the country will continue to advance towa?ds its great obJective of naking Chile a g"eat nation. Goodnight. ANNEX XII Decree-faw ltro. 169? / urlg]na-L: upan1sn/ Goverrynent Junta of the Bepublic of Chile Ministry of the fnterior solution of -Ltr f c a-L ICS entities factions oI sofa ca-1 4atul€ not covered by d-.cree-law No. Bearing in nind the provisions of decr€e-faws Nos. I and 128 of i'973, Nos. 52? and 7BB ot l.97\ and No. 99I ot f976, and the provisions of Constitutional- Acts Nos. 2 EJrd 3 relating to the Essential Bases of Cbilean rnstitutions and to constitutional- fiights end their cuarantees, respectiveLy, and Considering: 1. That one of the most importsnt postulates of Constitutional Act No, 2, vhich establishes the essential bases of the ne\.' chilean institutions, is that it is the duty of the State to encourage the harmonious integration of a]-1- the sectors of the Nation, thus naking it possible, r^rithin an effective concept of r:nity, to achi.eve the g"eat national objectives; 2. That " for the above-mentioned purpose, tlansitional article ? of Constitutional Act I{o, 3 naintains the suspension of the validity of articl_e 9 of the Political constitution of the Republic so that aL1 the political parties and entities, groups factions or mcvenents of a partisan lo1iticaI nature not covered. by Legislative Decxee No. 77 of I9T3 will continue to be suspend.ed i 3. That experience hs.s nevertheless shown that these suspencled poLitical parties or organizations have continuec! their activity, which has led to the development of the type of id.eological and. paxtisan confrontation which previousJ,y promul-gated decxees lrere designed. to prevent; l+. That, for all these reasons, it is essential to dissolve such parties or groups of a political nature in order to protect the lasting values of un].Ienl dad: &rnta, acting in exercise of the consti.tuent power, issues the follovin g d.ecree-law : -**.r"rnmentArticle 1. ldotr,rithstanding the provisions of decree-1av No. ?7 of 1973, all -l)+B- the political parties and entities, groups factions or movenents of a political nature not covered by that tlecree-law are hereby' declared dissolved' A}1 the organizations referred to in the preceding paragraph are hereby deprived of their 1egal personality. The existence' organization, actiwities anii propaganda of whatsoeve" kind of al.l the politi.cal paxties, entities and other organizations referred to in this decree-Iav shalL be prohibited. The carrying out or encouragement of any public or private activities of a partisan polilical nature by sny natural or 1egal ?erson' organization, entity or group of persons sha11 be prohibited.. Article 2. The assets of the entities referred to in this decree-l-aw shal1 fe used for the purposes laitl dovn in their respective statutes ' ff the said statutes have not the use to which such assets are to be put in the case of tbe dissolution"pe"ifi-a of the organizations of a politicaJ- aatr.re referred to, the assets sba11 becone the property of the National- Tteasury in accordance with the provisions of art-icl-i !61 of the Cir,-il Code and the President of the Republic shal1 d.etermine the use to be nade of then for the conl0on good, as he deens appropriate ' Artic]-e3.vio].ationofanyoftheprohibitionslaidd.owninarticlelshall be pr:::ishable by sentences, of the rnininum or the maximum degree' of short-term irnpiisonment with conpulsory {ork' fo"ced. residence or forced exife or by a fine rf 100 to 1,500 nonthly tax r:nits. Any repetition of such an offence shall be punishable by a fine of 500 to 2,000 monthly tax units, When a fine is inposed, the offenders, as ve11 as the legaf person! organization or entity througtr vhich the offence vas connitted, shal"l be Jointly responsible fot paying it. In such cases, moreover' any profits gained fron the offence snd. the instruments a'ith vhich it was cormitted shal1 be seized, whether they belong to natural persons 01. to the above-nentic'ned. lega1 persons, organizations or entities. If the offender does not possess assets vith which to pay the fine' the provisions of artiele l+9 of tfre Pena-l Code sha.11 appfy ' Article )+. Cases arising from violations of the prowisions of article I of this decree-lav shall be tlied in accorda.nce with the provisions of Title vI of Law No. 12,927 on the Security of the State. Arbicle 5. Decree-lav No. ?B of 19?3 and the anendnents thereto are hereby repeafed. Article 6. Replace transitional article ? of Constitutional Act No. 3 by the the following: "Ttre validity of aJlticle 9 of the Pofitical constitution of Republic is hereby suspended". / ,.. To be registered in the Office of the Control_1er-ceneraJ_ of the Republi.c, to be pubLislred in the Diario Oficial and to be inserted in the offieial Digest of the said office. - AUGUSTO PINOCHET UGARTE, Genera]- of the Arny, president of the lepublic. - A.lrni ra1 JOSE T. ImRIUO CASTRO, Con"mander-in-Chie f of the I,lavy, - General GUSTAVO IfiIGH GUZI{AI,I, Cornmander-in-Chief of the Air f'orce. - General CXS.AX MENDOZA DURAN, Director-Ceneral of the Carabineros. ANNEX XII] t bv the Permanent ttee o Conference of Chile isqued on 25 Malch 1977 /-originat : spanis4/- OUR NATTONAL COEXISTINCE Pastoral Reffection and Guidance 1. A_rno4l_e!4_-EaE_!-gIaLlL!erS. I-ike uany other countries ou? homeland is in proeess of change' We are earnestly seeking a nelr way to ' organize our public life and re-establish our social structures. The chaffenge is to consetve the great values vhich $ere formerly the support of our nationhood. and our coexistence, integrating them in a l_ega1 oider vhich will elininate the defects or vices which have harnpered this coexistence in recent years. At such a time, as at every great moment in the Life of our country, the voice of the Church must reach her sons and alf men of goodvill' seeking to give guidance and to throw light on the great probfems anrl cross-roads of the time, through the doctrine of the Gospel. In tatiing up this subject, which is of interest to all Chileans and from which must foilow aecisive consequences, good or evi1" for our hofteland, we a"e only rnaintaining a tradition lrhich has always existed in Cbile and exercising a right vhich the recent Council specified in these terns: ',ft is always and everywhere legitiraate tor lt-fre Churcn/ to teach her social doctrine and ... to pass moral iud gments even on matters touching the political order, whenever basic personal rights nake such Judgnents necessary." ( Gaudium et spes " 76) We have followed this invariable rul-e r-rnd'er political r6gimes of the most diverse kinds. By virtue of it, we spealt once again and afvays f"orn our exclusively moral and pastoral viewpoint and authority. Our intervention is afl the more inevitable in that the nev politieal forns taking shape are pa"t of a scherne of thowht and action which is declared to be humanist and christian' In these circrunstances there can be no doubt that the Church has special authcrity to speak. 2. Christian humanism tr'Ie have heard vith satisfaction ilis Excellency the President of tbe lepublic -'l 51- reaffirm that the basie inspiration of his Government is christian hunanism. consequently it is important ' to inrlicate vrrat the church considers to r.re some essential eleuents of this hurnanism. The basis of the christian conception of man ancr society is o.r belief in the tiignity of the hunan person. - 'tldhat is nan, that thou art nindful of him.l and th-- son of nan that thou visitest hirn? "!'or thou hast nade him a 1itt1e 1o$/er than the angels, and hast crorrned him rcith glory and honor:r . "Thou nadest hin to have doninion ovcr the work.: of rhv hpndc, i-h^rr hecr al1 things under his feet.t' ^,,+ It uas thus that the psalmist sara the destiny of nan several centlries before the coning of our Lord (psalrn B)" The New Testanent is even more explicit. llan, it te11s us, is the child of God' the son of cod, the helper of God and the heir of God. we can affinr. that human rights vere promulgated by God earlier than by nen themselves, In keeping with this teeching, the Declaration of principles of the present Governnent of chil,e recognizes that man has natural rights which are anterior and superior to the state - rights which the state mus t recognize and whose exercise it must but vhicb, "egu1ate, since it did not confer them, it can never deny. This same hunan dignity demands that man shal1 alvays "act according to a knoraing and free choice", which is "personarly notivated and prompted fron within. rt does not Tesult from blind internal impulse or from mere externa.l pressurett ( CauOirm et spes, tl). Fron this too derives the superiority of man in relatlon to the State, vhich is recognized by the Declaration of principles, and the superiority of the orc.er of persons over the ord.er of things ( Gauaium et spes. a6) "Ttre social order", the council teI1s us, 'rrnust be founded on truth built on animated " Justice and by 1ove1 in freedom it should gro* every day toward a more humane balance". (rira.) A corollary of all this is that '?Respeet and rove ought ta be extended also to those who think o" act differently than we do in social, political and even religious natters'r" and that "it is necessary to distinguish betveen error, vhich a1l'rays merits repud.iati on " and the person in error, who never loses the dignity of being a person, even lshen he is flar,red by false or inadequate religious notionsr' ( Gaudiur et spes. 28). 3. The judiciary and missinA persons on the basis of these sarne principles His Excellency reaffirmed the complete of his Government for the independence of the judiciary and'."the fu11 "esFectauthority of al-1 its decisions, "as thE keystone of the ruLe of 1av" (speech of 1B Llarch 197?). Ite support this solenn reaffirmation of a principle whose application we have constantly urged, in order ttlat official authorities or private groups nay never arrogate undue povers to themselves or dispose of the freedon' property ' honour, or life of citizens, outside all legal order and protection. I,le now take the opportunity of respectfully requesting the President of the Republic to arrange for the Governnent to give the Law Courts al-l the co-operation raa4pll +^ 'lar"ifv on..P and for a1l' the fate of every one of the persons presumed rnissing since li Septeraber up to th6 present time; for udess this is done thele r.'i11 be no rest for their fanilies, and no real peace in the countly, and the external imaee of Chile r"i1l not remain unstained. If there have been abuses and arbitrary actions - which are sonetimes inevitable - it is better to recognize then and take measures to prevent their repetition. And if aJ"l the cases denounced have a valid explanation, ih" Gortutnt.nt, by giving it, will gain prestige vith Chilean and foreign public opinion. )+" Political parties and trends of opinion The Supreme covernment has found it necessary to dissolve the traditional political parties, which it characterized as "groups bent upon seizing power for ttvehicles group ih"i" o.0., benefit,t and for power-seeking which are used by a snaLl of leaders with no qualificaticns or legal responsibility" to clistort and manipulate the participation of the people" ( speech of 18 l4arch l-9??)' The President has stated that fiunder the new institutional systen the political parties vil1 become vehicles of opinion whose influence will depend. io1e1y on the moral calibre of their members and. the soundness of their theories and their practical airns " (ilia.). . ff a discussion on the existence of pclitical parties or trends of opinion is to be constluctive and beneficial for our future civic coexistence, we think it fair to consider not only the evils and excesses of party strife, of which our comtry Las been a victilr in recent years" but also the substantial benefits it has derived fron healthy party conpeti.tion over 150 years of republican life' The profor:ndIy legal tradition and character of our nation, to vhich the Governnent r,rishes to remain faithful, is closely linked with the existence of parties rcnr"psanl-.ins the naior t"ends of civic thought, It wouJ-d be equally unfair to ignore tbe outstanding merit and great civic virtues of so rnany poliiicians who, since the time of O'Higgins until the present day" have been the honour and. gJ.ory of our national history' It is clea? that a model- vhich seens cormtry may, at some pa"ticular-its mornent, opt for a new political more i-n kelping lrith genius and. the facts of its national life' But' in accordance rqith the constant teaching of the church, this new structure can only arise as the result of a free and natr.Te national consensus' legitirnately expressed' pope rthe "Admittedlyrr says paul VI, choices proposed for a decision are more and more complexl the considerations that must be borne in mind are nutrerous and the foreseeing of the consequences involves risk . However obstacles .. ... these nust not slo.ra down thJ giving of wid.er participation in working out d.ecisions, making choices and putting then into practice. In order to counterbalance increasing technocracy, mod.ern forns of democ?aey-express nust be tlevised., not only making it possible for each man to be informed and to hirnself, but also involving him in a shared respons ibility, rr (Octogesino ia.r.oi.n", Uo. l+f). q The Chu?ch cannot condenn, as arnbitious for pover or g]:ilty of subversion, citizens who exercise the right and perforn the Outy of exanining the present, looking into the future and seeking legauy organi.zld channels for the d-estiny of their c ountly in accordance with their regitinate beliefs. The church has the ligl::t conception of genuine politicaf .iti.rity, vhi ch it describes as a oltrrcurt, but most honor:rable art" and says that ,rrt is in ful-1 accord with hunan nature that j uridicar--politicar struciures should ... afford alf their citizens the chance to participate freely and. actively in establishing the bases of a political conmunity, governing the State ... and choosing -Learlers.:?l:titulional The leaders of the Church constantfy and clear\r urge on all qhristians the duty to participate conscientiously in tle ranagrrn"rrl of the corununity: "The church as vorthy praise "egards of and consideration the work of those who, as a service to others, d.edicate themselves to the welfare of the state and undertake the burdens of this task.t? Those who feel this vocation, the Ctru.rch invites to fight prud.ently and. honourably "against injustice and oppression, the arbitrary-ruli of one nan or one party and lack of tolerancett. They are asked to devote themser-ves to the welfare of au 'vith chaxity and political courage". They are urged to 'trecognize that valious legitinate though conflicting views can be held concerning the xeguration of tenporal affairs " aid to "respect their fello.o eitizens vhen ihey proiote such views honourably, even by group actionrr. The church does not identif! political activity with anbition for power ir a governnent post or as a private titiz..r; every christia.n has an active responsibility of service and. sociaf charity. The church therefore requests authorities the I'deprive to "beware of hindering interrnediate bod.ies and institutions'r and not to them of their o'n lawful and effective activity"" but rather promote 'rto them wi1ling1y and in an orderly fashion'r. ( Cauaiun et spes, ?\ anal T5) These are sone of the basic requirernents for the existence of a christian order in civil soci etv. -1 5Ir - 6. Ie_t:sgl '114i!X- Tho ,t rAmF.l-.i o exneriences vhich have shattered Lhe Chilean nation have brougltt to the forefront of the nind.s of governors and governed alike an understandable desire for sccial order and peaeel and a sincere effort to promote national peace and unity. But the charity and eitectiveness of the measures to acbieve these objects are open to question. groups There are some vho see as a threat to national unity the existence of vhose politico'social beliefs are different and to some ertent antagonistic ' They are, consequently, in favour of the more or less total and open eradication of expression and groups Lthich 'see the present and of those activities " channels authority. the future of the nation in a nanner different frorn that advocated by Tt iq a nnr-onri.af e to note the vier,rs of the Church coneerning the legitinate pr*"ii"i""i'iin'i"i*j"u-"nou1d exist i.n the sphere of politico'social ideas and g"o,-,p", and concerning the need to secure national unity and the way to do so' comunity and these can "l4any different people go to make up the political ' lanfu1ly incrine towards d.ivErs e vays of doing things. Nor^r, if the.political connunity is not to be torn to pieces as eacb man follows his or'rn viewpoint ' authority is needed. This authority nust d'ispose the energies of the whole tonard the gooa, ntt nechanically or despoticafly, but primarily citizenry the as a moral force which"*o1 depenls on freedom and the conscientious discharge of burdens of any office which has been undertaken .'' ( Gaudlun et spes ' l4i' we refer As regards marxist thought and the political parties based on-itu the reader to lthat was said. in "Gospel and" Truth" in September 1975 ' truth' The paths of peace and unity do not pass through compulsion ' Unity and' including religious truth, cannoi be inposed: they are offered for personal acceptance and belief. 7. Freedoqt of exPres sioq on the doctTine of the Church We also wish to give our opinion, based ' restrict concerning measures some of loi.i tt" quite recent - r'rhich substantially - "h measures do not f"eedom of inforrnat i on and opinion without prior censorship' Such favour the formation of authlntic public opinion, rrhich is an indispensable The rmity of a nation rests on the condition for a nationaf consensus-. valid possibility that through numerous and effective channels of expression all responsibly state their opinions assenting or dissenting' at interlocutors can " teaches: every aecisive stage in the lourse of national affairs ' As the Church and above all.l'rhere it is "i^,trere there is no nanifestation of public opinion .$/hatever the reason given to explain-lts-s1-Lence or found not real1y to exist, To absence, we should see the defect or sickness, a disease of social life "' it to folced silence is' in the eyes stifle the voice of the citizen and reduce of of every Christian" an attack against the natural act of nran and a violation the world order as established by God." (pius xrr, at the First rnternational Congress of the Cathofic Fress, 1Z lebruary 1950.) lle consider it our' lFoiiirptd .lrrtar +. -^jht .' eitizens. or trades ,"ti:**;T::':::{"::,":l::"::ir:13: :l; :i"il"'3::l;1" conrurnication media, have shol,r'n a naturity and a patriotic and realistic understanding ' even rqhen they disagreed with the views of the Governnent, which in our opinion male them deserve, not more restrictions, but r,rider opportunities of expressing themselves and thus tahing part in the forr0ation of a g-nuine consensus. The consequences of these neasures could. be serious, not only for the irnage r'rhich other countries have of the operation of civil- rights in c?rile, but also for the actual developnent of thought, research and culture in our country" Moreover, the church could not conscienticusly accept restrictions vhich would linit its legitinate right to receive information and to teaclt its doctrine. 8. The Co4stitution !L4d the farr ?he repeated aecusations - and even condemnations - nad-e by high international authorities vhich charge the chilean Government with suppressing hunan rights are a huniliation and a challenge to all Chileans. " I{e have no doubt that there is an international carnpaign against our Government, conducted mainly by rnarxist Govelnments and. parties. Sone of those who accuse us are comlitting vorse outrages than those with r'rhich r,re are reproached. I".le all tend to see the mote in our neighbour ts eye rather than the beam in our ovn " We note that our Governrnent is endeavouring to establish a 1ega1 order which wifl give full-er guarantees to those nor,r under d-etention or r"rho nay be detained in future. I'tre also take note af the r.rords of the President of the Republic in a recent speech, r,rhen he said that his Government lroufd "never identif! authoritarianisn vith arbitrariness or the persecution of the individualtr or ttmake use of any provision of the larr to stifle freedon of thought or consciencer,. Idevertheless, l,re believe that Tespect for hunan rights wi11 not be fully guaranteed so long as the country does not have a Constitution" o1d. or nev, that is ratified by the vote of the peopl-e I so long as the laws are not enactetl by legitimate lepresentatives of the peoplel and so long as all the organs of the State, from the highest to the lovest, are not subject to the Constitution and the 1aw " Such r,ras the basis of the ideas of Portales vhich are the origin of the rrr,r'c:i'c undi-y 1egal tradition and characteT of our nationtt Tecognized by the President of the Fepublic in the sare specch. fn this connexion the anendments suddenly nnade to the ConstitutionaJ- Acts aheady proraulgated by the Government, apparently without prior consultation with the Council of State' have caused' either with the Constituent Cor,rnission or I'desirable some concern, on ffhich His Excellency thought it to conment'' ' We fu11y agree l,lith the rriev expressed by His Excellency the President of the nepublic trrai "iny further reform of the Constitutional Acts now in force" should respond to "a general Iega1 need". 9. The econonic s ituation r,ufutJ.-explessourconcernalthedifficu}tsituationofsomanyr1.i -^l 1.- ,.^ ,..i -1^ +^ Chileans. It is true that the Church has no competence in economic affairs I but derive moraf problens, and our national coexistence - from the trend of the economy t which is the title and subjett of this docr.rnent - is also affected by the country s econonic situation. We have heard, from the President of the Republic and the Minister for Econonic Affairs, wolds of hope and the announcement of an impending upturn ' We must emphasize, hol.7ever, that the problem is stil] distressing and urgent ' It is urgent because for many fanilies, especially those who are unemployed or earning a minimum vage, the extremely precarious and difficult conditions in which they are living are becorning ahost intoleTable. \,l'e underst€nd that the econorric reconstruction of the country cal1s for great sacrifices from everyone; nevertheless the peasants, vorkers and settlers appear to be bearing an excessive and disproportionate" burden. Others, on the other hand, are naking money without rorking, by speculation or usurious interest. 3ut the Bible says ttin the sweat of thy face shalt thou eat bread." and this sentence is valid today and for ever. weak the Church has c onden'ined usury and excessive gain vhich deprives the of their bread, and this cond.eranation is sti11 va1id. We must recal1 that it is contrary to the social doctrine of the church to build a society in which profit is the prine mover of econonic progress, competition is the suprene 1aw of the econony and private ownership of the means of production is an absolute right. (cs' Bishops of spain' February 1977') Econonic development depends on decisions taken at the national level- ' and the right of participation defenied by the Catholic sociaf doctrine is also applieable to ttre econol5r. In the econonic sphere it is easy to create a technocratic elite lrhich aspires to take all the decisions itself. Some people even believe that econonic decisions depend solely on scientific reasons, ai if i.t the human sciences ttrere r'rere no variety of opinions and theo"ies, which also pernit of a variety of options. To maintain that econornic problern have on\r one solution, without arry alternative, is to establish the ru].e of science and. the scientific 6fite over hunan responsibilities. rt is also to assume that the decisions taken are based only on scientific xeasons and thet no part is played in them by reasons of dop.a or Sroup interest. 3ut this is not the caser doctrinal positions a",d g"ow interests often play a part in tal In the naroe of humar ri€Its and of the right of parti cipation, the Church asks that the various economic oDtions should be the subJect of open discussiono and that access to d.ecisions and the possibility of exerti.ng infl-uence shou-ld not be reserved. to a single scientific scltool. or to a few nore privileged. economic groups. Without a great nationaf d.ebate, the reasons given by the speciaLists lack flr11 credibility. There is us ual}y uore wisdom in the discussion of different opinioas than in a singre opinion vhi ctr is affimed dogratlcally and lri thout contradi ction. 10 . A voi ce .of hope t' In the speech rnade by the president of the Xepubli c on tr'riday, J_B March, we heard a voice of encouragenent which awakened hope in niany peo!1e, partl-y allaying the fears teft by prerious events. To this voice of encouragement ve wish to join our own, e:qrressing our desire that the clirnate of emergency in which lre have been living for: more than three years should be ended; that a legal order accepted by the great najority of the nation shoufd. be established.; and that alr chir-eans of goo&r-i 11 shour-d t,e invited to participate in a r;orthy snd responsible manner in the economic and moraf reconstruction of our coffnon houeland.. T]]E PEFMANENT COMMTTTEE OF TTIE EPISCOPA], CONFENENCE OF CHILE Juan Francisco Fresno, President of the Conference; Rad]. Card.enal Silva, Cardinal Archbishop of Santiago; Carl-os conz61ez, Bishop of Talca; AleJandro Jim6ne z, Surrogate of Mgr. Jos6 Manue.l- Santos; tr'rancisco Jos6 Cox, Bishop of Ciril16n; Bernardino Piflera C., Bishop of Temuco, Secretary of the Episcopal Conference of Ctrile. ANNEX XIV Stairenent nade by the_Presf4g4^ iI--Ug IteDub-Lf c ol Uhl-te on y Lruly ly I I /Origi.nal: SPanish/ liith the celetrration today of Yo'rth Day, r+hich ve instituted two years ago on t.hiq var'l/ sn.r 'f r.,.trrr^n here r'rith renewed faith jn the future of Chile. f au here at the i.nvitation given me by the Frente Juvenil de linidad Nacional (\pt.inr"t ,,fir'}, arnjversal'y \ -ra urvrLa! IIni tv Y.|rrJ-h Fr^ni. l ic r'l<. celobrating its second tonig'rt 3s a respor-sible movement of fhilP's youth, their ovn novcmerlL " vl^ose lrish has been to identify its cor,i'litnent to the defence and historical proJecticn of the events of 11 september, linking ib vith the irr:erishable examole of relriotisrn represDnted by the sacrifice of the 7? young heroes of La Concepci6n. l'{y ofd soldierts heart relives with deep emotion the unsurpassat}1e caurage of Luis Cruz l{artfnez and the other 76 young Chileans, rrho together in the vast soli tr-rde of fhe Peruvian sierra were able to -l^ov, by sacrificinc thcir 1ives, thei; our fatherland and the lasting values of the spirit stand higher than any lersonal sacril'ice vl',icn Lheir defence may require. As President of the Republic, I am filled vith Justifiable hope when T see hon the youth of today has discovered the seal of eternity and high deaand set on future generations by the blood which our martyrs shed with a view to the future greaLness of Chi1e. As you indicate so r{e11 in the motto lrhich you chose, they died because they dreamed of a free, united, great and sovereign fatherland. fo convert this ideal into the fullest possible reality is and will be your achi-vement. Daily to llough the furrow so that you can begin and continue this task is, in exchange, the difficult mission vhich God and history have placed on ou? shoulders and \^7hich you cannot renounce. Only a short time agc, the Chileans, during three years of heroic struggle against the imminent threat of communist t otal-itarianism, Tenel,Ied- that noble var- I,a trcl And lrhen ve tl^e nrr. n'fh- Rp+.f.1a ^f Cnncenci6n: ileans never surrender". Armed tr'orces and the Forces of order" in ansffe? to the anguishec. cal-I ol'our citjzens, decided to act on 11 Septernber 1973, our soil vas once again sprinkled r.rr +hp hl.^,4 mar-' r'rl- for Chile's freedon. vJ v,Lv v+vvg ^f ^f orl- mpn o fel l fiefting It r.ras thus evident that the tenper of our Tace and the fibre of our nation in defence of the dignity or sovereignty of our fatherland were not dead and could n^rrpr rlie. trFnrusp thev are rnoral values \nith their roots jn the very fact of beinP (inr_Lean . Today we face afresh an unequal struggle against an alien novement of varlous aggression and on origins and ingredients " which sometines takes the form of ener{r other occasions comes in the errise of friendlv nressure. fn this cor0plex stat.. of affajrs, Chilc iiiIl continue to act uith the prudence and measure '^'hi ch have traditionally been features of its international policy even at very difficult times" Cur collaboration with the international organi zations 'n,l .r,r frirht' 'h,r '1 .r" ' 4ia l.plrc \ni th fri Fnd lv countries and Govern'rents lril 1 continue to en'lploy our best efforts and our greatest goodwi11, Yet we shal1 not for any reason permit this attitude to be confused with neakness or vacillation in the face of those vho try to dictate from outside the road we shou-1d take, since our decisions spring exclusively fron the prerogatives of our intcrnal sovereignty. For this reason, I recently decided that we should refrain from seeking a foreign loan r,ihi ch r,ras to be conditional, publicLy, on exanination by a lorei4n Government of the situation in Chife vith regard to hrman rights. I am sure that jn this attitude the vhole country is r"ith me, because if ther"e is anything that all true Chileans see very c1ear1y, it is that the dignity of our fatherland is neither bartered nor mof.idod6d f^T qhlr+hi'nd ^r qrryone, OUTIIIODED EXCESSES OF II4PERIAI,ISM Those who try to bring us to oux linees wlth foreign pressure or threat are totally mistaken, and vil1 only see our internal unity grow and becon'e over greater in +hc fanp adlrapcifv An.t r h-e€. r,rh .r e1-.+...rn1.1t fr^F t^ o l l" t}.enselvcs with ^fuf auvcroruJ '.ri+hi'h these manifestations of internationaf excess, itirich seem to resurrect forms of imperialisn which rqe believed had disappeared in the lrlest, r,ri11 only succeed in showing more openly their unrestrained a-trbitions and in meriting the Just scorn of tne un1_Lean DeoD_Le. pl. tr\z-h Iacc ^..anJ-.^hlo FrF a+.ia-1ni.- fnrpr'sn intefference tthcn the cause invoked l'. s the alleged defence of ht l:c.an rights. Our history and temperament have been noulded in respect for the dignity of mankind. Only a recent bitter experience, which $as on the point of leading us into a civil ffaa, has made us understand. that human rights cannot survive under a political and, lega1 r6gime which apens the way to the ideological aggression of marxi sm -leninism, today at the service of Soviet irnperialisn, or to ter"orist anarchy. subversion " which turns social coexistence into utter It is incomprehens ible that any restriction on specific rights of individuals should be indicted as an alleged vlolation of hunan vhen the wesk or rchetolical attitudes to terrorism displayed by n€ny "i8htsGovernnents alouse no reploofr even when they can clearly be interpreted as condoning one of the most brutal forms of violation of hrman rights. Our wider and deeper approach to this natter is possibly difficu-It to understand for those who have not lived through a drama l"ike ours. Yet this is wby the exceptiona.t restrictions rrhich for the time being we have had to impose on - LOU- certain rights hal/e haC the support of the peopfe and youth of our country, who see then as a hard bui necessary cororfary io lhe consolidation of our national freedom and thus to opening up broad horizons of peace and progress for the present and fut ure of Chi.Ie " Our young people have been outstanding in their visionary understanding of the historical needs we must face if to give life to a new political and institubional r6gir0e. "" "r" f therefore feel it ny dutye as the Frente Juvenil conpletes two years of existe;rce, to say that the Government over which T oreside fr1 lw rPsnF^l-.s the autcnor{f and independence of flte youth Front as a novement €nd duly appreciates the considerable rrrogress it has been achievinE in its nission of rmiting the youth of Chilc in active cornmitnent to the nation, io its hurnan, geographical and economic resources, to the events of 1I September and to the new institutional svstem rhich then began to emerge , This is ',rhy T have ehosen tonight, already identified uith the youth of our country, to describe publicly the basic steps which rae have outlined for national pro€ress along the institutional path. Nothing can be more appropriate than to do so at a youth function, since it lritl be you, the youth of Chile, who will be responsible for giving continuity to the task in vhich we are engaged and who will most directly benefit from the effort vhich the whole country has put into it fron the beginning. llith the elready eviclent success of the econornic p1an, the progress in sociaf measures and the order and tranquillity which today ensure our compatriots a peaceful 1ife, public attention has nov concentrated more on the future of oqr 1ega1 institutions. The hearth concern of the young and other sections of the nation to have an increasingly laxge say in affairs are part of this reality. To see the problem in the proper Iight, it should be repeated once more that the events of 11 Septernber rneant not only the overtltrow of an illegitinate government nhich hacl failed, but also the end of a decrepit political and institutional r6gime and the consequent need to construct a new one. The task then is no nere restoxation but a real act of creation, which, nevertheless, in order to bear fruit, nust be rooted in the deeD ouaiities of our truest and best national traditions. ItrEI.I DU{OCNACY This indicates our duty to r,/alk i.n the path of 1egaI order, a},rays keeping flexibility of social developnent in tune wittr ttre certainty that cones fron objective and impersonal 1ar,rs which are binding on both rulers and ruled. Tn this view of things, we can elearly see how we must shape a ner democracy which wilr be authoritarian, securee unifying and instrumental in technological progress and genuine social participation; these characteristics are better understood. by those who rid themselves of egotism" ambition and selfishness. To be authoritarian, it raust possess strong and vigcrous authority and. impose -to_L- a legal order which safeguards the rights of individuals through adequate protection by independ.ent courts of 1av having pol4er to enforce their decisions. To be secure, it nust uphold the basic content of our Declaration of Principles as being the fund.amental doctrine of the State of Chile and re!1ace the classic l-iberal- State, with its ingenuous defencelessness , by a new State corrnitted to the freedom and dignity of nankind and the essential va.1ue s of the nation. Consequently o any infringenent of these principles, lrhose substance has gradually been spelt out in the constitutional Instrunents nor in force, is stigmatized by the latter as an unl-awful act p"eiudicial to the institutionaf order of the Republic. Fleed.om and. democracy cannot survive if they do not defend themselves against those vho attenpt to destroy then, To be unifling, this democracy must strengthen the National Objective and the permanent ObJectives of the Nation, so that, over and above legitlmate C.ivergencies on more ciTcustantial aspects, successive Government r.ril1 in the future have the necessary continuity they lacked in the past. This should cause the flovering of so lonq there a ?owerful element of unity in the great chilean fanily, in rrhich for have been systenatic attempts to destroy by rneans of a class struggle which does not exist ancl has no reason to exist. As an instrument of tectrnological progress, the democracy must cater in its Iegal structures for the formidable pace of scientific and technological advanCe in the contemporary worldu which means that it must enbody the voices of those r,rho mdersta,na r,rfrai is involve6 in the necessary decisions. This alone vill nake it possible to situate d.iscr:ssion at the appropriate leve1, reduce the a'rea of ideological- debate to its Just proportions, profit fron the contribution of the most abl-e, and. give the systen stability. To ensur'e genuine social participation, our democracy nust renember that society is only truly free when, on the basis of the principle of subsidiary existences, it upbolds and. respects real autonorry in the groups midvay between the individual and. the State, in order to pwsue its ovn specific ends' This principle is the basis of a social body endowed with creative vitality and an economic liberty which" subject to the rules established by State authority to protect the coltmon good' prevents the individual from being suffocated by the domination of an onnipresent State, fie are faced with a task whicho because of its natule and scope' must be accourplished litt1e by little. lfe shatl thus move away from two extremes: stagnation, which sooner or late? leads unfailingly to violent upheavals in the social process and precipitation, which nould rapidly destToy all our efforts" Teturn to por'rer the previous r6gine with the sartc ren and the sane vices, and or even qui ckly ge;erate the chaos we lived through undet the marxist Government ' worse. -16l- THE STAGES TIIVOLVED The step-by-step process is composed of three stages: Tecoverys transition and norrnality or consolidation. These stages are distinguished by the different roles played in them by the Arned l'orces and the lorces of Order on the one hand, and by civilians on the other. They are aLso differentiated by the Iegal institutions raThi ch must be established or employed in each stage. In the recovery stage, political power has had to be taken over entirely by the A"ned Forces and the Forces of Order, rrith civilian collaboration, but later on Lhe nore provisional needs of the situation will be shared with the citizens, who nill thus have to mahe the t.ransition from collaboration to r:articilation. Lastly, r^7e shall enter the stage of norrnality and consolidation, when power 1t-111 be exercised- diTectly and fundamentally by the citizens, and the Armed Forces and tne Forces of Order will retain under the constitution the role of helping to safeguard the fundamentals of our institutional system and maintaining national security in its wide-ranging and decisive nod_ern forms " :oday ve are in the nidst of the recovery sta6e, but f thinh that the progress lte are..lchieving in all resiects is carrying us to',.ards the stage of trans-irion. During the remainder of the recovery stage, it vill be necessary to enact further Constitutional InstTrflents for the various matters of a constitutional nature r,rhich they still do not cower, as vel1 as some vitally important legislation cn security, labour, social rrrelfare, education and ather subjects which will be prepared at the same time. The 1925 Constitution will thus be finally abolishedl in substance it is already dead, but legally speaking some smal1 portions of it remain ln force, and this is not advisable " Sinultaneously, the Constitutional Instruments already pronulgated will have to be revised in those respects in rrhich practice has shol^tn the need to supplement, ancnd nr .lalifrr +llam The culmination of this entire process of preparation and promulgation of the Constitutional InstTuments, lrhich r.rifl continue its gradual progress from nov on, nust in any case, f think" be before 31 December 1980" since the beginning of the transitional stage should be no later than that and should coincide .with the full validlty of all the 1ega1 institutions for which the Instruments provide. Pre-eminent ar.ong the instruments referred. to is the one vhich will govern the exe"cise and evolution of the Constituent, Legislative and Executive Por^rers. ln tl is tesnFcl- in ay'dFr tn aqsist 1-hauus rrPrancr-etdrrr svqrauvL r'nrai."irn f^r +ha Nert Constitution" I as President vi11 in the neax future issue some basic guidelines vhich r.rill enable the Commission to prepare the first draft, vhich will then be considered by the Council of State before a final decision is made by the Government Junta. Ihe n'ai. r'rido'l ines fnr 1.ha cwclan ul-i.h ic r- ^FAF6+a i- r!- r?ohcitional stage are as folfous: -l"o J- - the Constituent Power ehoul-d continue to be exercised by the covernment Junt a but nornally after consultation vith the Council of State. - The Executive Porzer shoulcl continue to be exercised by the President of the Goverr:ment Junta, as Presitlent of the lepublic, under the powers already invested in hin. - The Legislative Power, accord.ing to national tradition, should reside in two co-legislators: the Presid.ent of the nepublic and a L,egislative Chamber or Chamber of Representatives, as it might be termed, notwithstandi.ng the fegislative powers r.rhich duling the present transitional stage, must renain exceptionally \rith the Government" Junta. These functions shoultl include the right of each memb er of the system to table legislation through the Office of the President of the Republic and a]-so the faculty to request that the text of any law be reviewed by the Governnent Junta before it is enacted.. In the Latter ease, it shall not be enacted if the opinion prevails in tbe Junta that any one provision i.s a danger to national security. Tttis is €Jl absolute veto, intend.ed to operate in the cases to rhich the Government Junta applies it, at the request of any member of the Junta, and is thus tlifferent fron the ordinary veto of the Presid.ent of the Republic vis-d-vis the Legislative Chamber , To turn to the Legisl-ative Chamber or Chamber of Representatives, as I said. last 18 March it should have a mixed. membership: one-thi"d of its menbers should be persons of "distinction in the life of the nation, who will be nembers in their own right or by presid.ential appointment, and the rernaining bro-thirds shoul-d be representatives of Regions or groups of Regions in proportion to the m:mber of their inhabi.tants. trdith regard. to ord.inary legislation" procedures nust be introduced for initiating it ancl for the presidential veto and other natters, procedures of a kind which avoid.s the d.enogogic excesses which latterJ-y characterized. our former Parliament. Special importance should be given to the Legislative Clrarnb er having Technical Comrissions in vhich those most highly qualified in various respects in science, technolory, business and the professions take part on a regular trasis with +r^^auq -.ir 464 -L+ u The establishnent of this Legislative Ctranber should take pface in 1980 and its first teln shoul-d. be four or five years; since elections a?e not feasible' the regional representatives will have to be appointed by the Governnent Junta. Later, hor,rever, these regional representatives will be elected by direct popular vote, according to el-ectoral systems which will favour the sel-ection of the nost capable and avoid the political parties again beconring the monopolisti.c nachinery of civilian particip.ti on. -16l}- Once the LegislaLive Cl amber has been constituted in this period, i.e' with tr,ro-thirds of its members el-ected by the people, it will be for the Chanber itself to appcint the citizen who r+i11 then take on the office of President of the i(epuD lfc lor a perlod (]1 s_Lx years. il.'*,,r+^-^^,.^1-- .y, -'-*^-r this implies an advance from the stage of transition to that of consolidation, the ner,r Political Constitution of the State, a single and comprehensive text based on the experience derived from the application of the Constitutional Instrunents, must be ad-opted and prornulgated. The transitional stage vill Lhus serve to brinc to fruition the preparations for the final draft of the nev lundamental Charter, In outlining this general plan to the country, the Government believes it is frrlfilling its mission to clarify the basic lines on vhich it rrould uish to develop our institutions in the near future, during which tine it 5Ii11 also be necessary to intensify the preparation and enactnent of legislation for the new forms of social particination, both by trade unions and labour and by students, the lrofessions, business, local society and other forms of social life in general. Young people of Chile, bhe possibilities of naking this entire plan a reality depends on the country continuing to shov the encouraging signs vhich have affowed us to go forr'rard up ti1I noh7. fndispensable to bhis is the patriotic participation of all citizens, and most especially the generous idealism of youth, which nust illuninate with its qlstic faith the road to the future " T realize that many obsLacles, ambibions and personal interests rti1I apoear in an attempt bo halt our march in a thcusand different vays and turn us back, to where only the shadows of slavery avait us. But I am certain that the light shining at the end of or.r.r road lri11 become ever stronger and brighter, and above a]' I lave {.o'rnlFtc fFil-h i- 4^.r r'- +1.- --^nra Of Chil-e and in our Arned Forces and lorces of Order which today patriotically guide its destinies. Dear you,ng people, the future of Chile is in you, whose greatness we are forging " -IO)- ANNEX XV Avocat d la Cour drAppel de Paris French/ B Aueust 1977 Testinony for the Ad Hoc lJorking Oroup United Nations Conmission on Hurtran Rights Geneva I'ron 25 to 30 July 197?, ve stayed at Santiago de Chi]-e, and we now give the Working Group our testimony concerning the nost important tlata co11ected.. In the first place, I'Ir. Pettiti applied for a writ of habeas corpus (Recurso de Amparo ) to the Court of Appeal. Iie requested. an offici.al interview for this purpose with the Presid.ent of the Suprene Coult: (Annex 1). The 'whoLe problem of nissing persons was discussed iluring this meeting. An exami.nation of the explanations given by the Goverrment sho'ws how unconvincing the official versions are. The voluntary deserti.cn of their hones by certa-in head.s of families is tlenied by the membe]:s of those fami.l-ies. Their clanalestine departure for Argentina has not been proved. The Argentinian police seen to have given some genb.l-ance of support for entry into their territory in only three cases in 1977, It is nore 1ike1y that nost of ttre uissing persons have been executed.. In some cases, they are thought to be no Longer I'physicallytt presentabfe because of the tortures they have und.ergone. The use of torture is not ileniett by the authorities. President Eyzaguirre states that there have been Lr6 convictions on charges of torture. But none of the l-al,Iyers consulted. know anfthing about these casesl The problen of missing persons vas brought to the fore by the hunger strike at CELAM. This hunger strikq lras a turning point: A nelr avareness of the position by the relatives of missing persons, who, by the strike they carried out vith extr@e courage and resolve' have, in their ovn words, overcone fear; -_LOO- A rewplqr.i.)r t.^ r.er+ ^. .h^ n.rh|:^ .rrr.. -r.. "-l Stil- beliCVcd Lho .joverrrentIS explana-cions aboul njssing rersons, but no Longcr doLbtl.d Lne llacrs reportcd oy \.ritnesses who would sacrifice their lives for tbeir testimony. Tn denyin6 the evjdence by claiming rhat it vas e lrcfrbricaled plor,, r,lre Goverrulent shocked public opinion. ff the Juntars claim about rlr..oluntary departures " r'as logical, they should assist the women who had been abandoned, not persecute therl: Violation of aqreernents by the Covernment_: (1) The Government is not carrying out any honest and e-fpcrive inq.r.-lries either in its administrative deFartnents or outside them, but only vis j.ts tc the h^mac .f ih6 h,lh'o! -,_c+-il ,Kers l (2) The Governmcnt is carrying ouh reprjscfs againsL chc st'rikers: night searches, various trinds of intirnidation and threats, frelLuent attenpts to obiain signatures to records of hearings, vith part of the text left blank before signature. The strikers inplore the Unit,ed Nations to send an invesLigator before bhe expiTy of three nonLhs; failing Lhis, sone even ncre si6nificanL acL of solidarity nust be expected. The undersigned collected the above inforraation directly. Tendency of rhe .ludicial authorities The hunger strike, which is closely connected with the Contreiras and Veloso cases' may a]-so fead to solxe ehange in the judgements of the Supreme Court. On two occasions, the intervention of a Minister Jud.ge defegated by the Court has brou€ht some progress in an investigation. If the Court so wlshes, the Veloso case - or "the Chilean l.latergate'r, as it is called in Santiago - could provide evidence of the nachinations of the DINA. If the state of siege declared on 11 Septenber vere raised., the Supreme Courl 1"rould recovcr jts fu-LI authority and could no longer cl-aim to be powerless, The Junta '"'i11 not alvays be able to rel\se the United Nations a confrontation betveen the Governuent and the secret Po1i.ce. During this mission, ve had occasion to meet several persons of consequence, including l,'lr. Eyzaguirre, President of the Suprene Cour-r., {ons-ignor tiardinal Silvo and President Frei, as vell as a fetr people vho had better rernain anonlarous for reasons of security, At the intexviews we had, we referred to the fate of those lrho had been secretl-y arrested and lgs nocanrrenidnc F.. rpom denylng thisproblemorconside"ii*-ii"..inj'*".i"in"ffi'we.spoke.withdetained - conf-i-rned that it rearly exists. They pur the number of cases aL a njninum of !00. The President of the Supreme Court adnitted that this figure, given by the Vicariate, was quite reasonab.Ie; he al-so acknowledged that it vas a serious and disturbing FTob].em. The fanilies Ir'hieh ia.r"ro o 'rao"o----^;a^'r 3,re in a particularly tr€€ic situation: to the shock .i-Ln. .rrffifm# retative who is now being deta,ined in sone secret place, is added mental anguish, Liv-ing expenses which have often become nloTe difficult to nFA+ .nd +ha h^a+irj+rr of the authorities. After explor.ins every a.venue op;n-;; il;r";;o;;";;ii.1n r"' Lo ascertain the fate of their rela-i,ives, these fanil-ies receive from the governmeotal. authorities repfies which are inadmissible from the point of vielr both of reason and of the nost elementary hruranity: no evidence of detention, gone abroad voluntari\r or recentfy ... all of vhich allegations are contradicted and denied by the testimony of many witness--s, particularly detainees who have been released.. The official replies which deny the existence of secret detention are hardly eonvincingo even to those !'ho gave them to us, For example, the ?resident of the Suprene Court confined himseff io telling us that he was stating the position of the President of the nepublic, not his own personal opinion. He maintains that the Courts cannot carry their i nr,res cigat ions any further, that they come "up againsL a vaL.l'r. the Goverrunent's attitude is a1l the more intolerabfe for the fa:nilies concerned, beeause their requests are based. on the elementary right to knor.l what has become of their relatives . The hunger strike carried out from 1l+ to 2l+ Jr.:ne 1977 by 26 peopl-e who have a "d.eleparecido" in their fa:nily, has shor*n nationa-I and international public opinion the importance of the problem raised by these secret detentions. The risks of al-1 kinds taken by strikers in Chile today show the seriousness of the situation they wished to bring to the attention of the public and the nerit of their c-Lains against the Chilean Goverrunent. On our depa,rture, ve vere told that in the cases of Mr, Vicente Tsrael- Garcia Ramirez, Mr. Jorge Trlmcoso Aguire aad Mr. Soto Galvez, vho ta.ere arrested on 29 April, 12 May and 8 June f977 respectiyely, it was sti1l inpossible to ascertain the place of d.etention. Secret arrests and detentions are sti11 the conmon practice of the security services. It is true that rn'e vere told that these methods were tend.ing to change - that periods of secret deLencion vould be shorter. Nevertheless, this chan6e of form does not in any way signify an end to repression, i,rhich stiu contiDues and is takind on more sLbtle and equal-Ly redoubtabte aspects, such as secret detention for several, days, torture (-chis is not denied), afl kinds of pressure to obtain silence or collaboration, threats, blackmaiL, shador,ring, placing under observation, physical at+-acks ... Thjs repression is being carried on against the vorking poputationr trade unlons, the services of the Vicariate and Defence. It is characteristic of the desire to naintain an atrtosphere of fear and intinidation. It should also be noted that the extent of the repression is difficult to ascertain; f^F h-F', r1a6 .rLn ^r ^a^-la ha1.F haar ArFAsl-.F4. heaten of threatened and then relFAqed. e-A Afrai^ In f:ll. 1T +.. cno^o(' d^fFn.e counsel. This conduct of the security services was confirmed in the notorious Veloso case, which r,re shall d.escribe in a subsequent conmrmication. I,tre were abl-e to meet -r68- two persons vho were involvett in this case in May 197?: l4r. Figueroa and Mr, de la Fuente. They were accused of having taken part in the kidnapping anti unlawful detention of the young Carlos V€loso, and. of acts of violence against his person. They vere arrested. by security agents, the forner at his hone and the lattex whil-e going to work, and taken blindfol 'l{e wished. to notify the }lorking Group of tbese facts before sencling it a report as 'we thought it necessary to inform it of the present situation with regard.' to violations of hr.man rights, rrlricb are continuing in Chile. These are not nerely mistakes due to the conduct of inilividuafs, but the result of a concerted policy which is employing every DoeaDs of intinidation against the living forces of the country. International protection is still needed and the appeal of the 26 vomen hunger strikers that a comission of inquiry be sent to Chile shoul-d. be hearal, l** A carefr:l- examination of proceed.ings and prosecutions makes it possible to establish that there are Ear\y vioLations, even of the texts issued by the Junta under cover of the state of siege: autbority of the courts not respected-; applications for b!,9€--g-orpus- not acted on. In sonre cases, lauyers who act on behaLf of the f€niu es of nissing persons are liable to disciplinary proceeclings. The courage shovn by the hunger strikers constitutes a fervent appeal to international opinion and. to tbe United Nations. The ]avyers who have prepared this testinony subnit the present text to the $l_Sg Working croup as a contributio! to tbe universal work of the Unitad Nations Coumis sion on Human Rights. 8 August 197? Bernartl ANDREU Loui s PgIIITI -169- Ai{NEX XVI Statenent made by Carlos Arnald.o Veloso Reidenbach a.nd Caxl-os Egctor Veloso Figueroa /0rigina1 ltr t/e, CAELOS AR.,iALDO VELOSO REID|L,IBACI| , stLrdent, domiciLed in Santia;o at 6tz nio : lagdaieni Sb re& ; Block S2Jpt.3ol-r villa --6xico, districL of i.laipi, and CAILOS IIECTOR VXLoSO AIGUIROA, cferk, of the same address, both Chileans' ttt. @s of age and the seccnd, an adul-t and. the legiLirDate father of the first, testifyin€j under oath and soleIy in the interesr; of recording the truth, separately) state the followin:: The first of the above-na&ed.: 0n 2 llay, I went to the offices of the Cardijn tr'oundati on on an errand for ny father, ar}d on leaving that buildin;, sj.tuated in Erasmo Eseal,a Streeb at the corner of Cienfuegos (tlo. 5f in that street), at a distance of about 30 or )+0 metres fron the Foun(lation, in -rac Tlq^al.r S+ppF+. nFel^ +.hF r'^1.na1' lrierf|pon< (+ r.eol- T eav hlaek Chevrolet "n ^f " parked almost in the rd cld-le of the street; on crossing and passing in fxont of that vehicle I rras sud.d"enly overpowered by two persons dressed in civitian cl-othes who, wjthout saying a word, placecl me on the back seat" stretched me out face d ol{n on the floor, havin5 a,fread-y blindfolded me; three persons then sat down in the back seat and. placed. their feet on ne, preventing any Lroveltent i before beinJ blindfolded, f was able to notice that three other persons vere sittj.ng in the front seat; the car ii,rmediately set off arld after some ti-re, vhich T esLri.ate at about half a.n horlr , it stopped ancl , still blinclfol-cied, I r"ras made to get ou'L and vas taken into a house" which appeared to be ofc-l, since I went up two steps before going through the door. I vas then 1ed dovn a long corridor to a r.oi,r that vas in total darkness, krhere the bfindfold vas removed; one of the persons vho had talien rrre Lhere pl-aced a lighted lamp on the floor and they sat me on a chcir at a vritin. desk on which there {ere several spotli.ghts that vere shining in q1 face so that the light prevented me from distinguishing the features of rty captors. Inrnediat el-y after that, one of then" vho for reasons vhich I will nake clear fater seelrred *"o be call-ed "Don Fernandor', a ta"lt nan vith a pafe conpl-enion and -Light-coloured eyes, suddenly slapped me tvice in the face and began to interrogate me about the activities of rny father and. especially about what he had done before 1 Iriay, and the sort of worh that he did; it was a J-ong interrogation o.uring r'rhich nry hands were kept t'ie.1 to the arms of the chair; I Lhen felt a needie beinS inserLeci in i,ry .left arm and a liquid vas injected, and the interrogation continued- for an indeterninate period. of tine. !trhat I clo remember is that after th.e injecti.on I hacl the feel-ing of losinA consciousness" although I could hear the quescions vrich uney asked me. I stiU reuember sorrc of them: vhat did I know about the explosion of sone bombse why had rny father not gone ta the Cathedral on I l.{ay whether my father used to arrive home late after leaving vork, whether he came viith' strangers and whether he was an inforaer for the military; for a moment when they suspended the interrogation, somebody placed his haJrd on mind and said: t'Listeno Cartitosl I know your d.ad, Irve been his friend for many years' donit tell thern anything' " After sone minutes, during l*tich no furtber questions were asked, I heard a sbot in the adj oining room, ana tney ir:mediately switched off the spotliShts, untied me from the chair, and two persons took ne by the arms and made me stand up; one of them 1it the lamp which vas on ttre floor and. made me vaLk al-ong the shaft of light towards the adj oining room, but only as far as the door; from there they 1it up the room and I could see someone ]ying hunched up on the fl-oo" in a pool of blood; the 1i6ht was then tahen away and one of them warned me that sare thing could happen to roe if I clid not co-operate; they took ne back to the interrogation room nhere they again tied ne to the chair, Iit the spotlights 8.nd continued the interrogaiicn, which vas punctuated. by blows to various parts of ny body; at various tines I felt lighted cigarettes being applied to ny l-eft hand' and forearE; at one ti e they pl-aced a red cab1e, bared at the end., against ny teeth and l felt a burning and a shaJp pain extending to ny iaws together wjth a violent trenblina; ".tr".iio.tthey aJ-so took off my shoes and I felt a kind. of burning in the toenails of both feetj after that they untied ne and. tbey made me undress down to roy underpants. After a short time they threw lily clothes to me and oxdered' me to get dressed, but I did not have enouch strength to put on nqy socks and shoes, so one of the den put them on for mei once dressed., I r^ras again tied to the chair and it seeus that I feII asleep; I dontt know how much time passed but I remember healing rraiaeq ard nnF ...,f thc ncrsons saidr "This kid is not going to talk, ver1l have to find the vife of that Sergio l,Ie1l-a.tr Then I r,ras untied" blinclfolded s€ain and 1ed to a vehicle which nay or may not have been the sane as the one in vhich I had been brought. They threv me on the floor again as they had' the first tiue; since I was stil1 seui-uncons cious I vasntt sure of how long I travelled in the vehicle, but I do r erlenb er that after a certain tine they lifted ne up from the floor arrd sat me next to Lhe richt rear door. Somebod.y ,.,ttt iea th" bandage over tr{f eyes bul kept it in place vith his hand' the car slowed dovn, the right door r+as opened and, without the car stopping" I was thrown out; I l-ay on the ground, uneonscious, for some time - I cannot say for how long - and, on regaining consciousness, I realized that I r,ras in San Joaquin Street at the corner of General- Velasquez Street" sj.nce I found myself near the Lo va]-l edor slaughterhouse. It was night-time: I started valking but I again lost consciousness and fell to the rry.irnil: T nart'lv repained consciousness rthen I found sonebody shaking me and spealcing t- me. I{e asked me L/hat had. happened and whether f was drunk, and I tol-d hin that f had been assaulted.; I gave him the address of ny graldlother and. asked hiru if he could help me to Set there; I don't remenber how he took nee but I d'o know that he c ame with ne ." f"r flo. f6B9 Toro ldazotto Street, in Poblaci6n :i.,-Elec r.,rh ich is mw zrar'lmnr.hcrrq"" lrn'rqe T apain lost consciousness compJ-etely t perhaps I slept, and woke up the next norningi I donrt rememb er hor'J roany hours the events that I have describe<1 lastea, from the time when I was placecl in the car in Erasldo Escala Street" at about 5.30 p.m., to the time when I ltas thrown out of the car on Sa.n Joaquin Street where it joins General Vcl6squez. I have Lrade a shorter statement about these same event s in the application for a writ of civil rights protection (auparo) subnitted by ny father to the Santia€o Cour! of Appeals ' ano afso in the stat-enrent which I tlade before the Primer Juzgado del Crinen de lvlenor Cuantia in the in-torr:ation taio concerning roy i.niuries, and the present statenent shoul 0n saturday 30 April r rfloved vrith ny wife an<1 children to the hol]le of ny mother-in-1aw, i{rs. Zulema Ibfirez, at No. 15B9 Toro i4azotto Street in ?oblaci6n ilogales, in order to keep her company. She vas living alone because my father-in-1aw, 1,.{r. Silvestre Valdivia, had been in hospital for a long ti e" lle intend.ed. to stay with her for an indefinite period" On 2 May" at about 3.30 p.rr., r received a telephone calf fron my sister-in-1aw, who fives in apartment ror+ at the same address as n5rself, telling ne that two people who said they came fror! the Archdiocese had been asking for me, but had given no proof of their status as officiais or employees of that institution. As I an a paid ernployee of the cardijn Foundation and had also helped to type a trade rmion doc,ment, slgr.red by numetous trade union leaders, vhich had. been sent to the lresi.dent of the Republic on l- ivlay r I vas afraid that the people looking for r,re rrere not reaJ-].y from the Archdiccese as they maintainerl but were looking for me in connexion with r;ry involvement with that docurrrent. For that reason, as a matter of precaution I tel-epironed ny frlend Luis l':lardones Geza, who al-so works at the c;dijn Foundation and told. hin that r was going to sencl rouad my eldest son carros ArnaLdo r,rith a nessage fo" him' r d.id not tell him r^.hy. At abaut )+ :30 p.m, r gave roy son ,'roney for his fare and sent hin to tefl ivlardones about the two people who had been ashing for me" claiming to be fron the Axchdiocese, so that he coufd find out the truth about them. r also tofd roy son to give l4ardones the address of my mother.-in-1aw r s house where f was living, and to say that if he had any infornation to give r.re he should come to see ne there. At about B p,n. I began to get vorried because $y son had not retumed home; I waited until my wife returned frorn a meeting at v;y, daughterts school. She returnecl at about 9 p. . and. we be3an tryinej to find my son. i'Ie called my sister-in-1aw to find out vhether he had been to her hone anal then rnre went to the hone of a couple who are friends of ours and who live near my mother-in-lavr s housee r,.he re we were living, hope gone 'iJhen in the that he had there. we did not find him r,here we rcl-.rrrrFd h^ya +1^j-r,i-,. +hn+ r'6 r.^,rr^ r there whcn ve gou back; ,:l:;:,:.r:":illi\l!'i;.tl:ilil:.t*l;: H:i1.1':3 lll. until midaight before going out to inquire about his vhereabouts at nolice stations and first-aid starions. Uhile ve were vaiting, at approxir.:atefy ff.30 p.nr, :L young man of more or fess the same age as rrty son Carlos arrived, almost carrying hirn; he hacl one of carlosr hands on his shoulder and was holding hiin by the waist" lhe young man told me that he had found rny son lying in Generar vel6squez street anct thought that he had been attacked because he ffas badly injured. In our concern to att end to our son, we paid no attention to the young man who had brought hir,r, not even to thank hirrr" I took my son, vho was completely unconscious, to the ]roint that he fe1] to the floor. llis nose vas breedin€l and he had bruises on his nose_ cheeks a"nd forehead; his shirt and trousers rnrere soaked r^rith blood ancl his trousers were covered in earth and bore clear traces of kicks. A11 nv son could s a.r vas "f didn't telf them anythin;, DacI" and he kept repeatin5 this. After _[ ha...r given hin first aicl and cleaned his face, my son had become nore conscious, although he still- showed si6ns of hysteria orr rnore accurately, terror. IIe saicl he wanteL Lo speak to me alone, so we went into the kitchen and vhen the tvo of us vere alone he told me what had happened, The story which he Lold me thaL night corre;ponds in every essential point to the preceding statement, Fearing from my son's story that the peoPle vho trad bes'ten hin thus befonged and to some int-Uigence service, I did not Lrart to ta'ke hin to a first-aid station nraforro-: :'r e^^.. nF-n'rL-! 41vrirF^: -LlFvrrv 4Jrl nri csl-. of Hol-y Cross Church in P.tsf Etf Lr ^aFr'cl^Pe4 "[o6a1es, Santiago flarshatl' r,'ho caine i:inediatefy to see my son' It was more or less f'ather in l- a.m" and my son Carfos to1c1 Father Santiago vhat had hap?ened to hi " the satle vay as he had to]-d ne. After that' Fatber Santiago advised substantratly the me to send fo], a n1lTse wh-o rqas involved in parish activities and lived nealby, nurse carne irurtediately, exarninecl ruy son and suggested ttrat he shoufd be given tranquillizers; she returned to her hone to get tile tra'nquillizers and came back nid'day soon afterrrards to give hin tvo tablets' The following day, around o tr'ather sartrago took me to a friend of his vho ltas a d.octor and. we brought hin hone to examine ny son Carlos. lhe doctor reconmended tranquillizers vitanins and l,.tredne l+ t',tay I went ' with ny wife ancl nedicine to reduce the inflamnation. On sday " ny son Carlos to the Vicaria de la Solidaridad to give an account of vhat had bappened a]rd to seek legal aid. trtrith this aid ve sub itted an application for a sn infornation a.trir ^r njwi ri tl. "--r't,ecrion (arnparo) for Ey son and taid concerniLr5 his injuries in Lhe frirner Juz8ado del- cri-uen de tlenor cuantaa- lre made a statenent before that Court on the sane day (tfednesday )+ May)' I subnitted' the apptication personally to the Caurt between 2.30 p'n' and 3 p'n', and the couxt proceedings endecl at about 6 p.n. At ]-1 p.m. the sa'!0e day, two nen 1n sayrng civilian clothes cane tc r0Jr nother-in-1aw's house, where we were staying' that they were fron the iiiiitary IntelJ-igence Service and wishecl to tal"k to ilLe' r;;; ;;g;" by saying: 'ri/e shou-ld like to talk to you' because we did not do this to your son." ile sat dorvn at the table a.l1d they asked' ny son to tell then 6JId recorded' everything that everythiryl"sai,1"- that had happened; they had a tape recorder was lrt one poinl , t aiitea iherl hov they had found out about what had happened to uy son alrd they repliecl that they had found' out through the application foi a vrit of u*p.to vhich ve had subruitted' to tbe Court' l{y son gave thellr a fu]l- account of I,that hacl happenecl on the l,4onday i the officials exanined his injuries and said that the burn on his 1ip was ''a cott:nor, occurrencett, They said they had orders fror0 above to rrrvestigate everything that had happened and repeated on several occasions that the aitack on ny son had not been carried out by members of their Service and that they would r]ake extensive investigati.ons until they found the cufprits, They asl'eci us to co-operate by provid.ing any background information hours at approximately whicn vlu-Lo help their investigationl they left after two ' 1.30 a.n. on Thursday 5 ljay. At about 1p.m. on the same day, ve took.rdy son to the Instituto ll6cLico Legal viih the crcler issued. by the Judge; on leaving the ny son lnstituto ll6djco Legal , :,ry'cardijn Vife returned Lo my xnolher-in-Iav ' s house vith carlos and f 1,rent to the For.mdation. I vas still there when, betveen about 6.30 and 7 -!.rr,, rty son Carlos telephoned me to say that the same officials who had .^r.a Jha nl.orrinrrq r,inhl hact cone to the house and vished to Speak to me. 1 replied that I would feave ior home inmediately, and. when f ceme out of the Foundation one of the officials was vaitin3 fol me in the street an'l offered rne a l-ift hone in his car; I Eccepted- and got into the car, in vhich another officiaL vas sitting' Iie arrived hone f,nd there tLle officials asked me to bring my son down to the car so they coutd ask hin sone queitiolls; they asked hilt to repeat the accorurt he had' givln the previous Oay anO, in particu.lar whether there vere any details which he ' when it was over -;ltr6Iru ^r-,+ r-'6a'd!4v s ^-j++o^. +his second interviev Ltas also recordedr and the official"s asked o'e and nxy son to try to retrace the route followed by the ki_dnappers on the lviond.ay. iie clicl this anct, fol-lo.wing ny sonrs instructions o fol-Lowed a route vhich took us nore r-ess or to the corner of l,Iapocho and tsras 3 vhich the officiafs said did not show any trace of vhat had happeneo. After that they drove us back hone. 0n !'riday, at approxinately 10 p.nx., the same two officiars vho o1.r previous had come the occasions arrived once again at the hone of my rrlother- in-law, asked me to accompany then and took ne avay in a car to the corner of Avenida amllnte and -Bust curic6. Another car arrived and an officiat identified as chief by the agents rarho had taken me avay got out, entered the car in which I vas sitting and tol-d. me that they needed a more extensive statement froro me and obiections asked vhether r had any to accompanying them. f replied in the negative. They then tofd nre that they had to bl-indford me for security reasons; T was prace driven to an unknovn where r was questioned basicarr-y concerning my activities as a trade union leader and rny political background I they asked me, in particular, lrhether I suspected that i{arxist elenents night have been responiibr-e for the kid.napping of my son or whether r had been involved with any other persons or groups which rdi6ht, for-any reason, have a grud.ge against ne r^rhich rlight have pronpted them to take action against q/ son in reprisal. They brought roe back to q, home towards 2 a.m. on saturday 7 l\iay. T inforned them of ny intention of returning to n,r vi1Ia M6xico apartment on the next day and they offered nxe transportaticn, which r refused. They also tol-d ne that arrs/rgenents had been made for melobers of their service to plovide protection for me and surveillance around. n'y home, ancl that protection woufd Also be provided. aJ-ong the route T wou-ld travel the folloving day fron] Pobl-aci6n Nogales to Vifla I'{6xico. It was during this interview that the offici.als identified themsel-ves for. the first time as merabers of the i{at1ona1 Intelfltrence Directorate (DINA). On ttre following day, that is, in the afternoon of Saturday, T i,iay, we travell-ed. to q1 Vil1a M6xico apartnent, arriving at about 6 p.r.- At approximately d p.n., the sa.ne officiats who had conducted the previous inierviews cine to rne once again and. informed. me that they had a number of J-ea.ds and needed to ask nie r0ore questions and show photographs to me for id.enti fi cat ion. The./ asked [,]e to accompaly them and once again they brought ne blindfolded to a plate which I recognized as the same office in L'hich the previous i.nterrogation had talren place. An interrogation sirnilar to that conducted on the previous day ensueo rerating to lqf acti.vities as a trade irnicn l_ead.er and my pofiticr_l activities; after approximatefy one and. a half hours of questioning they told me that, it was necessary to question my sone Carlos, in ordey to have him clarify a number of detai.ls fron his previ.ous statements and. identify a number of photographs. I gave ny consent and telephoned my wife to teIl her to l-et the boy leave since an official wourd be coming to collect him. However, they did not return vith the boy to the pl-ace vhere r was. The questioning continued for approximately trro more hor.:r s and they told ne that they wanted to provide ne with protection a.nd, that none of my children shou.l"d. teave the house; they asked r:re ii f woul_d fet two officials accompany me on uS. return home. I tol-d. then that it would not be easy to kecp :y chjldrcn - of vl-ronr therc are six - perrrancntly irdoors virhoul- so. l\in. to entertain theiTl and I asked theli if they could provide me vith a televir'i'rn set Lc nake the confinement vbich they were asking tte to enfr;rce or' 1'/ chifdreu noxe bcarable, They a"rtswerecl in the affirnative ancl il'llaediately sent ne home by car nith a television set. I reached home at approximately 2'3o a'm" on Sunday " B iuiay ' and t,he)/ tofd me that they urould return to co}lecl me at 10 3"r'r' Lhat same day' I1ere" in order to preserve the chronological sequenee of events, the statenent of Carlos Arnaldo Veloso Reidenbach resumes. On Satu.Iday, 7 llay" at approxiroately 10 p.n., after my father had caIled nv me and that she should mother to te.ll her that an official was ccming to collect ttomar''; aflov me to 1eave, the official arrived and identified hinself as he had a hanclvritten message frorn qy father givi.ng his consent' The officlal asked ne to accompany him and I ].eft with hin; around the corner he had parked.a Fiat 125 i a'r in which he drove me to a d"eserted spot in the vicinity of vll-Ia I{6xico; thel( he stopped the car, turned off the lighls, put on the interior 1ight, took a bri(fcase .r..jnd .rhF Ile tore off pa:t of .,lrj^r. rr-- fJru6 ^huI vrrv back! seat and took a notebook fron it. pencil; at the sa:ide tlme a sheet from the notebook and gave it to ne vith a lead rrI h€ drel,r a pistol and ord.ered ne to r^,rite in my or^zr hand must speak vith on: of you alone r,rithout my fatherrs knowledge ". fitren the note vas written' and a1: the while keeping me at gunpoint, be put away the paler on Yhlch I had' written an1 took tr'ro sheets of vhj.te paper fr-om the briefcase on which there was writins -n red asserled pencil and began to read to me from thelir. ft r"as a statement in vhich I that I haci accompanied my parents to the Cardiin Foundation that week' that wl'I(n then went to buy cigarettes I was alone in a room acliolning another roct both of t,'e occupierl by Luls l,{ardones and Hern6n l4ery, that I approachetl the door betr'reen it had b:en t1.ro offices and was able to hear l{aldones ask l,{ery lthether he knev that i'4ery repry that ne they who had !1anted. the bombs on the days preceding t l'{ay and kh.r,r qinl.e h,- had spoken r^rith Sergio l{ella 1fho had to}d him everybhing' The ^jd 'when lre vemven!. *t"t-t::'with Hern5n llery to stateruent went on to say that my parents returned:turned' , , i- and. entered a soda fountain to have some refreshnents and that there La Alanieda to neard my father speaking in a uhisper with ilery saying that it vas no-good continue any involveneni .;itn thos; "nad borabers", since to c1o so- would create problems for his fanily; tbe statement then had me asEert that I had heard that l.{anuel Bustos and FeTnando Frias also belonged to the gang of "mad bombers'r' the pressure he brought to bear on me, I refused to sign the prepared Despfte alf he statements since the facts set out in it were fa].se' Faced \'rj-th my refusaJ- " u r'rorrld' -^h+.inrrad r,roqcrrr.ino me and. tol-d me that I had to sign it since by doing so I ny help roy father, vho was co-operating with ther,r, and that if 1 did not sl"gn voufd not retlurn home that night and sonething night happen to hin' as he father refused to was at that moment with them. Despite this persistent pressure 1 flatly sign and the offici.af started the car; after driving around for some* time he 1i7^.,rh+ rF r.''^l' h^rrtr. f returned houe at approxintahely nidnignt' hhen I'ry father r saw hiu with a ;;;;;";.;;"..-i*t.t. , correction, it was around 2'30 a'o'' ' and television set' I imediately thought of the assertj'on rlade by the official who effect that my father was co-operatinS deBanded that I sign tne staiernent, to tt" just DII{A; accordingly, I did not want to teIl hin anything about what had with again the happened to me. I then slept until 10 a.m. on Sunday, B i'{ay, when once -'::-ll.re officiafs care looking for my fathel, and me. This time they took us bl-indforded to a place vhich r could not identify, vhere they separated me from rry father and took me by nyself to an office on the second- froor. There they removed the bfindfold and again showecl me the sane staternent which r had refused to sign the night before; this tine they tried to convince me that it vas r wha had said everything that vas recorded in that statenent; when r refused, they resumed their pressure vith threats against my father and my vhole family,-tn"., as vell as several blows in my face, nore with the intention of frightening rL hurting me. After approximately I+0 rninutes to one hour, they brought o'y lather into the office and accused ne in his presence of naking cont'adictory statements, of having first nade a st atement about a terrorist band- whose members I kner^r, which lras a very sensitive natter, ancl of having subsequently clenled. those statements. l.{y father, apparently believing the officials" scol-ded ne sharply in their presence and this gt:e atj-y d'eiuoralized' me; then my father reproached rire for having made those accusations agai nst persons a1l of whon he knew and who ffere his friends. Afternards they took me to a bathroorr ad.joining the room in which ve had met uS, father, whiJ-e qg father remained in the office; in the bathroon, there was an individuaJ_ fointing a subnachine gun at my father in the office through a pane of glass vhich, on the office side, was a rnirror or picture so that one could see from the bathroom into the office but not the other way rourld. Another official, appaxently the .leade.r, who was very hard and severe in nanner" entered the bathroon and began to show me a large nrxnber of photographs vhich he was carrying in an envelope Ld asked me to identify the persons I knew; out of 50 or 50 photographs, I recognizerJ. three _ osvaldo Figueroa, ilduardo de la Fuente and Robinson zuleta - but r must explain that r sinply recognizecl then as neighbours vhom r had seen at viua 1,.{6xi co I and not as participants in any particul-ar activity, since at no tirce was it expiained to rle vhat the purpose of this identification was. l,lhen he had finished showing I!,e_ the photographs, the c,fficj.al- who had interrogated ne about them said. to me "I'/e are ni-ssing :r fourth person", Lhe driver, at which r expressed rny surprise .nd asked what the purpose of identifying the photographs was. He replied that I was intel-ligent enough to realize that the iaentirlcation had to ao with ruy kidnapping. r repried that it would be very easy to find the driver involved in the kidnapping because be was the one who vas in the next room with ny father, the one whora r saw through the pane of gl-ass and recognized as one cf the individuals who had taken part in ny kid-napping and interrogation the previous Monrlay. when r said that, he punched- ne so hard. that r lras thrown to the floor from the bench on wtri.ch I had been 6itting. He then tofd. me that we had to agree on the version to be given to my father; that since we had not jdentified the driver I should say that I had not seen him, but that it vas Figueroa, de 1a lhente and Zuleta who had kidnapped me on I'londay ' vho had put ne in a green Volksvagen minibus outside the Cardijn tr'ounrlati on and had taken me to the place where they had interrogated and tortured me, but that previousl-y, before leaving in th-- minibus, they had seated me between d.e fa tr\rente and Figueroa, that de la lfuente had threatened. rne vith a revolver in my back and had. forced me to turn tovard.s Figueroa, who had interrogatecl rle about my fatherrs activities aJId whether he had squeal_ed. to the rnilitary. With each question, Figueroa hit me in the body and in the face and. extinguished a lighied cigarecce on my hands and arns; then they blind.folded me and took me to a clearing; from the li8hts of the vehicfe, r^rhich illurninated the ground., and in spite of the blindfold, I sav that it was like a footba]l field; this was confirned when they removed my blindf:.o to take 5re to the place vhere they interrogated and tortured me' The- i^],r i'|a rLo* in nv ct'tFlrent I would have to say that a't one point during the :nterrogation one of the kidnappers had pricked me in the arm with a pini in t-e course of the interrogation, they to].d me that I would have to go to the Vicaia should say that the vehicle in which I ]rd -:o report the kldnapprng, but that I the teen kidnapped was a bl,ack Chevrolet; that was the version of the facts vhfg' roy who showed me the photographs told me I would have to repeat befor cfflcial by jather, saying tilat if r dii not do so' ray whole fanily rould die' Fxightrred +hese threats, especially since I sav an inaividual pointing a subuachine un at ny ttre next roon, I agreed- to repeat the story as instructed' wl:reupon father in one of trey brought rde back to the room vhere my fatber was tt'd, io his presence tee officials vbo had previously made me swear to tefl the truth made ne "'epea! tle entire versicn as previously instructed.; afterwards one of the officafs typed crt copies of the st at ement and had me and ny father sign them' In order to provid.e a chronologics-l1-y correct account of the eventj ' (rrfos Hecto" Ve1oso !'igueroa states: Hearing my sonls statement, given under oath as described, I bel-eved that j:ateaent; I was convinced that his kidnapping and torture were the 1,ork of when asked ue to provide a staterent in addition to i'larxists, and, the officials and -.bat of ny son, of my own free wi1]- I signed a statement whj'ch I myseli drafted why typed and in which I denounced and condemned what had taken p]-ace' explaining acted as they had and offering ny co-operation in I tlought those responsrble had of pullicly denounctng vhat had happened, both at home and abroad' The events i*ra"y,- B i'iay, as previously clescribed by xxy son' took practical-ly the. vhole clay ' they ltere not continuoui and there were long intervals during vhlch ay son arrd br:t our I were feft afone, except for the presence of an official who listened to from saying anything vhich dr-d. correspond to conversations and prevented my son lot the the confession vhich he had been forced to r,]ake; i estimate that the si8ning of docunent referred to by my son in the previous st at euent took place at p.rn., ani at about 12 the official vho appeared' to-be^in charge approximately 10 us t'o ana wlo r+as talled Don Fernando to].d us that it would not be possible for My ra+',r1^n hor(rF that nioht arid that we wou-ld be taken to a more comfortable pl-ace' once again and Laken by car to snother place vhich ve cannot"..-."o"i ldentify; ""t"-ifJ"ii.ra.O after we were taken in, our blindfolds \{ere removed and we were and told us to 1ie d'or^rn and' rnar lrrr rr ^rfi'ial T'rh' offered us coffee and sandwiches il;""'" ;r;;';i"Ii ,"-r".r be exhausted after the tiring day ve had had; shor.'fv have to exanine my son aftevwards the s ame official to1d. us that a doctor would since he was" extremeIy overwrought; this e:rami-nation lasted more than an hour and ' boy had when I expressed concern, the official reassured me by saying that the fa11en asleep, The stat ement of Carlos ArnaLdo Veloso R' resumes: As described above by my father, f was taken to a room resenbling a clinic be a d'octor where I was attended by a man of about 50 years of age' who appeared to and \.Iore a white govn, and by a young girl who was dressed normally; they nade me 'wo]'ked, fie on a couch and tried to hypnotize me; t pretended that the hypnosis had. the session vas very 1ong" and there is no need to go into details about it here exeept to say that, in order to see vhether the hypnosis had worked, they held a lighted cigarette just above nxy hand.' but I dicl not rcove; next, they held the cigarette just above ny face' but I nne.nage d to renain sti11; I then salt that they were going to prick me in the he e.I v-ith a pin but" since I was ready for it, I was able to pretend that I had felt nothing; sfter al-1 these tests, they seemed to believe that I rea11y was in a state of hlpnosis, and they made me repeat the entire story of ny kidnapping as I had been t aught it and as I had repeated it in the presence of my father; I repeated it practicalLy word for lrord, and I heard' them say that the version they had t aught me had in fact been engraved in my memory. I pretended to sl-eep through aU this r.:nt i1 I heard' hands being clapped in front of my face, and. tben I pretended. to wake up after a long sl-eep' teLfing thel0 that I thought I had faUen asleep. After that, they made me get up and escorted me back to the room where my father was. There they left us alone witb a guard who had fal-l-en asleep; I made a noise to see if he vould wake up and, when he didn't' I told r0y father briefly what had bappened during the supposed hypnosis session; ny father rras ind.ignant aJld obiected to the fact that they had continued to question me after both of us ha aftFr thet thc1. made me leave the roorq and speak by telephone wj'th another person vtro said that I vas guilty of a serious breach of trust and asked me what had. happened; I told him he must understand that we r.rere suffering from extreme nervous tension and al-l- we want ed was to return hone; he told ne that he vould calt nqg vife again in order to reassure her, and he did so at oncel shortl-y put into a after'ltards, our eyes vere blindfold.ed, we were taken fTom the trouse ' vehicle ani, accornpanied by two armed officials, we rere taken home; we arrived home at approximatefy )+.t5 a.rn. on the l4onday, and the two officials who acconpanied us remained. in the housei fron that moment ve vere subiect to house arrest under the permanent supervision of two officials lrho vere refieved every 2)+ hours; the officials explained that this measure was necessary for our or'n protection, and the house arrest lasted until 1J- p.rri. on Friday, 27 i{lay', f was not a.tlowed to contact anyone, either by telephone or persona]Iy' nor to tell what hsd happened, in order not to ieopard.ize the inquiries being carried out with a view to the identification and srrest of those guilty of kidnapping Iny son' The st atenent of Carl-os ArnaLdo Vel-oso R. resumes: On ltrednesday, 11 l.{ay, at approxiroately 6 p"ro., ny father and I r,rere forced to leave home and- rzere taken by car by official.s of DIM to a place which we couLd. not identify since, as on previous occasions, we were blindfolded. There" separating me fron my father who renained in the car, they took me to a room where I saw Osvaldo Figueroa who was bound and bl-indfolded rrith adhesive tapet they asked. me whether that was Figueroa and f replied in the affirnative; I was then taken to arother roorrr where they told ne that Figueroa had confessed to having sexuaffy assaulteA a boy and that that boy had to be me; they took me back to the room rthere Figueroa was and said to hiro, "Here is the kid whom you assaulted" do you want to see him?"; when !'igueroa replied in the negative, they violently pulled the blindfold frou his eyes and forced hin to took at uel on seeing r0e, Figueroa said., "That's not hira'?, at which they repeatedty pr'lnched and kicked him in various parts of his body, telling hin that I was the child r,rhon he had assaulted. After the beating, Figueroa resignedJ-y said., '?A11 right, if you say so, it is him". f was then taken out to the courtyard and they told me that, since Figueroa had aclinowledged that he had. sexuslly assaul-ted a boy, I had to say that I was the boy vhom I'igueroa had assaul-ted. and, in oxder to Justify my not having said. so in rny previous statement, I had to say that I had been too enbarrassed to do so; they added that in the report of the kidnappin6, of vhich I had been alrearty inforned, T had to add that, d.uring the ki.dnapping, after having been questioned and tortured. at the football field, I had been taken to a roon where I had been given an injection and Figueroa had assaulted me. I r,/as then returned to the car where I joined ny father. The statement of CarLos Veloso Figueroa resumes: l,fhile I rernained in bhe caru separaled from ny son, an official told me that f igueroa had acknowledged that he had sexually assaultecl my son and that ny son hacl confirlled his statement. They asked me whether I wished to confront Figueroa, but suggested that it wou-l-d be better if I did not because they imderstood that, as a father, I night react violently to hin, and go too far; I agreed to their suggestion and said that I did not wish to confront Figueroa, adding that I wou1d prefer that he be held in custody pending judicial proceedings and that it ould be better if roy son did not know that I had been informed. Shortly afterwards, they brought ry son to me; he had been crying and r,ras suffering a nervous breakd.own; they ].eft us for a short while alone in the car, during which rime f tried to cal-m my son, and then they took us back horne, About Tuesday or Llednesday of the folfowing veek, I do not reuember exactly, ve vere again taken from home, this tiroe to the military hospital \,rhere ny son had to undergo a ned.ical exarnination to certify the sexual- assault. lie arrived at the military hospitat - we were taken in the car right inside to a parking 1ot, where someone r,rho uas waiting in another car and who seened to hofd an inportant position since he vas escorted by the noilitary police made my son get out of the car in which we had come and took hin into the hospital. I vaited in the cal for approxirnat ely 15 ninutes, after which rny son rejoined me and we returned home . The statement of Carlos Arnaldo Veloso R. resuees: 0n being taken into the hospital, I was t a"ken to a clinic where someone dressed in white took down inforroation regard.ing ny iclentity and. dornicile; he raade me sit on a couch whi]e he was vriting, and then he washed his hands and told ne that I cou-lcl go; I was given no kind of exa:rination; no one touched. me or mad.e me remove any of the cl-othing ruhich I was wearing. I was then taken back to the car to join my father; al-L this lasted approxiroateJ-y l! ninutes. My father and I were then taken back home. The statement of Carlos Vel_oso tr'iaueroa resumes: 0n Tuesd.ay, 7 June, at approximately 9 p.na., one of the officials who hatl been invo.l,ved in the previous epi-sodes, and whom I had already identified as an officia,l of DINA, arrived at my house ard told me that a-11 the record.s relating to the case had aLready been made avail-abl-e to the Mil-itary Court and that I should expect a sunmons, which I did- indeed receive on Saturday, 1l June. I Learned the truth of a-11 these event s only on Thursday, 9 June, when ny son suffered a serious nervous breakd.ovn during which he told us the whole truth of what had taken pface, Up to that time, I had been convinced that the stat eEent he had nad.e on Sunday" 8 May, in the presence of the DINA official-s ha.d been true or authentic. llor^r that my son has recovered fron the breakdown which he suffered and is r,rore relaxed, we have reffected on al,1 these events and have felt tbat we both have a duty to make this statement in order to establish the truth and- to prevent innoeent persons from being unjustly accused and punished for acts which they did not conmit. trle both nake this stat ement freely and spontaneously, in Santiago, on 1\ June f977, in three copies, two of which ne are depositing with Card inal- Don Rail Silva Fenriquez and Lhc third r,rc shall deTrosit I'ith sor..eone vho, vhen he dcems it appropriate, vill transr,il ib Lo Lhe President of the Suprene Court . /Slgnatures illegibte/ 1Qn ANNEX XVII Report of gn interview with osval-do .Figueroa and Eduard.o de La Fuente a/ /Giginar: sPanish/ Osvaldo Figueroa described. his experience as fo11o\nts (the narrative is supplemented by Ed-ua"do de la Fuente 'where he was involved): Osvaldo Figueroa: cutter and tailor, 55 years of age' married, has a daughter (18 years of age), l"ives in villa Mexico. rtZapatero" on 9 May at 2.30 a.m. a "neigtrbour'r asked fOr hin on behalf of and. "E1 Gatoi' bui tris vife refused to open up at that tine of nieht' At 7'30 a'n' several people burst into the apartment locked the daught er in her room, stole several ltrings tron the apa?tment and took' OsvaLdo Figueroa, hooded, in a ear' to a place aboui one hour's drive away, which coufd be the Vill-a Grimaldi ' He vas brought up to the second ffoor and confronted vith a "doctor" who asked hin if he had a heart condition. He replied that he had. The interrogation concerning tris movements on 2 May then bega-n' He was struck on the face then taken down to the first floor, undressed and tied to a metal bed (parriU-a). something vas introduced ibto his urethra and. a metal plaque lras pElA on hi s head, He vas then given electric shocks for three houls ' They tried to force hiro to say that he had only worked until nxi dday on 2 llay although he clained to have worked until ?.30 p.n. On 10 May, he overheard a conversation with zul-eta who vas describing the kidnapping of the young boy Carl-os veloso. His interrogation on the parri-l1a began again. Hoping to make thi'ngs easier for himself, he agreed. with the version of the kj.dnalping given by Zu1eta but with a few variations (because he had not heard it clearly). At the tine his nouth was f\rlI of blood because he had cut his tongue ba&Ly (I saw the scar myself). The torture and interrogation started again, always on the same subject. EI Gato' i.e. de ]a tr'uente, was then tied to the parriLla at his side. Ht was tortured and began to te11 the sane story he had just heard from Osvafd.o Figueroa, Osvaldo Figuer-a was asked {hether de la Fuente had epileptic attacks and he said he did in order to spare him further torture' De 1a Fuente was not given any raore electric shocks' vas then knocked. about ' but g/ !'ron a rePort of a mission to Chile under the auspices of the World Council of Church€s. -l-oI- Osva-ldo !'igueroa was then t aJren to another roon where the torture ard. interrogation reconrnenced. The questions first refated to the caxdjin Foundation and i.ts staff; he said he knew nothin6l about then, which was true, and then the questions turned to his relationship with tbe Vicaria and the priests there. He did not reply to these. He was then told that proofs existed (text and photograph) of his relationship vith the cardinal, and also that there lrere arms hidden in the vicaria. The interrogation lasted for four to five hours; all he did vas to invent the names of tvo priests, one of r^rhom he called tr'ather Bomo. 0n 11 l4ay, he was again put on the parri1la. The interrogation restaxted and new details were intl.oduced such as questions on the way in which he had burnt the boy's hand vith cigarettes, Each time he denied this he was given an electric shock. The threat was then nad.e that if he persisted in denying that he had viol-ated the boy Carlos Veloso, his daughter would be brought there and und.ressed so that he could rape her. They added that if he proved incapable of raping his daughter, it would be done in his presence. A woman who was talsing part in the interrogation even said. that she herself would open hi.s daughterrs ]egs. He said that he then heard a woman's voice which he thought was that of his daughter crying out: "Father, please confess ,..". At that point he adnitted that he knew Troncoso. He was taken to a roon whete Troncoso and de l-a tr'uente were tied side by side on tbe parrj.Ila and. vas asked if he recognized them. He noticed that Troncoso showed. no siEns of .l-ife and did not seem to be breathing. He was taken back to the parril].a and told to repl-y to the fol]offing questions by yes or noi Do you know Hr:mbelto Drouilfas? No. Were you one of the comunity .l-ead.ers in Villa Mexico? [Io. He was shown photograpbs of people to identify but did not knov them. That sajtre night he vas taken back to the tor.ture forced to recognize Drouillas, and made to insult and hit hin. The interrogation"oom, eontinued into the night. He tol-d us t-hat he lost all sense of tine. The questions related to the names of people in ViUa Mexico, their neeting- place and the identity of the orgarizers, He answered. that it was difficult to knov each of the 1,112 people i.n the commr:nity settl-ement. He r^'as then to1d. that he was going to be refeased. and put i.nto a car vhich was fol1owed. closely by taxi. The car slowed dor,tn anal he was thrown frorn it while it r,ras still moving. Two young men, who seened to be anxious to assist hirn, got out of the taxi and. helped hin into it, They vent past Calle Marathon, and he thought that they were genuine\r trying to help hin. He asked then to take hin back to the bouse of a relative, but their arswer was "Dontt worrytt. His eyes were then covered. and. he was told to pretend to be reading the paper so as not to attract attentioa. -182- He 1{-as taken to a house where he heard movements m&de by peopLe car"ylng arms. lle vas interrogated once again and heard. a farniliar voman's voice and the voice of the man who rnras refened. to as "the boss". IIe was then led into another room where he hea"rd. tbe voices of peopl"e claiming to recognize him: "He's the torturer; hers responsible for the kidnapping" ' He heard a yaung boy say "yes" to a question ldentifying hin, He 'was told to sho'.'r his hand to li,u uoy ltwo'or his fingers are joined together), who recognized it' He was then shown the boy' whoin he did not recognize, and told he was Velosors son' lle dcnied having done anything to hin, and tried to distract attenbion by recountrng something that had happened to hirn in his own childhood. The boy's father was then ord.ered to hit hiro. A revol'ver was placed against his tenple' one of his fingexs vas put on the trigger snd- the people around him pretended that they vere going to press his finger. Someone then told them to stop that ga$e because he vas more interesting eLive than dead. He was again given etectric shocks to na.ke him confess that he had organized everything. The electric shocks beca:le more sever€ and. were applied to his testicles. The same questions were repeated and his replies vritten down ancl ?ecorded. He was final-ly conpel"led to sign a statement. He was then put in a more confortable room, the blindfold was taken from his eyes a-trd he vas again asked to identify Zuleta and Drouillas ' He had to stay there until dawn listening to the description of the abduction and rape again, and was told not to' interrupt unless a mistahe was nade. As he tried to deny certain things once again, itrong electric shocks were given to his left foot, on vhich 1 have seen large burns that are sti1l cleaxly visible. Tn the end' he signed the ner,r statement ' That same night he r^7as questloned' by a woman in another room about Troncoso. Al1 he knev was that Troncoso used to live in Vi11a Mexico but had moved away. She ttlreatened' to push a stick into his rectrm and again asked him questions about the Cardiin Foundation, the Vicaria' the prlests and the Cardinal. He said that he was barely able to recognize a photograph of the Cardinal. By then it was dawn on 13 l'{ay. He was hungry an'l asked for something to ea't ' He was given two plates of faotl, but his hand6 were left tied and his eyes covered' He was ordered to eat "1ike a dog" but was unab].e to do so. Someone came in and fTom under the covering on ]iis eyes he saw a boot and. the botton of olive green military trousers. The soldier took the tray arrd' threw the food avai/ ' When the "bosst' tame in, he asked if Figueroa had eaten the food and was told' that he had' The voman again interrogated hin about Troncoso, threatened" to give hin electric shocks on his testicles and tied his hands togethex with the fingers crossed' He vas taken away in a van \'iith three or four other people' For the first time a "lrulsn" voice spoke tc hin, saying "You are being taften to a better place where you lron't be treated Iit The fcllawing day the sare man came agajn. His expression had changed, and he said. he was giving osvafdo Figueroa a last chance to obtain his freedoru. Figueroa refused to rep1y. That same day the four accused persons vere confronted: Zuleta lras asked who had been involved in the affair. He replied that it had been Figueroa, Drouillas, de la Fuente and Tronceso, The sane questions were put to Drouillas who said he knew nothing. De la Fuente had acknor^rledged that he had been invclved in the abduction but, when asked rn'here tbey had taken the chiId, he said he knev nothing about it. Zu-leta said that the child had been seized at the exit from the Cardjin Foundation. Drouillas said he knell nothing at all. De la I'uente confidoed what he had said the previous day, namely that Zuleta and Troncoso had raped the child. A new question was then put: rwhere did this take place?" Figueroa knerr nothing. Zul-eta said that j.t had happened in the house of a friend of Troncoso. Drouill-as said he knew nothing. De 1a Fuente said "fn a connulity settl_enent", 0n 2p May, they were put into a room with television to play card.s, and photographs were taken of them, ,.,. .Tl.y were. subsequently visited. by the judge in charge of the investigation (Ministro en Visita) who told thern that tfrey wire in Cuatro A].amos. Osvaldo Figueroa was questioned- in the presence of a doctol and secretary. To the question "Do we have the right to see a lawyer?", they were told that it would be difficult because they came within the Jurisdiction of the nilitary coult s . -184- by a woman representing the Three days later osvaldo Figueroa was visited gaol' who rsnted a nei statement He vas ta'ken to the public Military Justice ' to be called where he was interrogated fol' three days, He asked for witnesses such as his employer. (libre platica)' On 2l- June he was alloved to receive outside visitors vetoso who confirmed On 23 June, he lias confronted with the yor:Ig boy Carlos that he never had been abducted or raped' about a question Osvaldo I'lgueaoa was also sunmoned to appear vith de 1a Fuente months of anti-Governnent pa.mphlets (de fa tr'uente hacl distributed some' five earlier ) ' and left the prison On June, at 9.30 p'm' he vas a].l-owed' out on parole 2l and that he was after signing a document lt.ting that he had never been tortured in sood. heal-th. ANNEX XVIII "Bs:l-lo Doren breaks his sil,encerf Article 4ppeqrine in Solidaridad No, 23 /O-riginal: SpanisfrZ Gives details in a sworn statement concerning his abttuction. Serious threats made against hin and his fanily if he toId. the story. on 5 July cuiLLerno Bello Doren travelled to sweden, after a disappearing act which shocked the public. on his return home a fortnigbt later, on tB l,Iay 1ast, he refused to give any details of what had happened. to hin tturing those tr,'o weeks. The Genera]. council of the Bar Association $hich had been asked to ta.ke action for enforce&ent of rights ( arirparo ) on his behalf, d.escribed his d.isappearance as rra "to all appearances voluntaryrr and as publicity stunt for consumption at home and abroad.rl Fina11y, after a long silence, Guillerno Be11o Doren decided to te11 the true story" On J July 1ast, he lodged with the second Superior Crirninal Court a strorn stetement in which he gives the details of his abduction. Hi! dete4tion: "0n 3 !,4ay I left the Court (second Superior Crininal Court ) around eight orclock in the evening, I^lhile I was going in the direction of nry office, I noticed sone people who seemed. to be shadoving ne, so that I changed nqf direetion, valking rapidly tovards the Alaneda and Cal1e San ltartin intersection, Ifhen f reached the cornel, f was confrontett by a nan of about 32 years of age, who in a peremptory tone asked me to show qr identity cerd. Soroewhat perpfexed and concerned, f handed it to hin and heard. hin say; rThis is the man, take hin away. i The"e were four individuals behind ne, one of whom tooh rny arms and. crossing rry hands behind ry back handcuffe Be11o Doren told his abductors that he had recently had an operation' and they decided to question hin the following day. rrl was put in a cel1 approxinatety 1.?O m high, 60 cri wide and 1'20 m long' They d.unped me on the floor, shackled r{f legs as well as n{f anns J closed the r^rooden door and locked it.'r I,Ihile he v.as ln the ce11, Be11o Doren says he heard other detainees bein8 inter"ogated and heard their screans as they were tortured ' And he goes on: 'rAfter these people had been interrogated, I was taken to a roora with Yery bright ]ights. It vas non nry turn. They warned ne that I had better collaborate and that if I re'fuseit they had ways of making ne do so. fhey told me that they had all the tine in the world on their side, since f could be detained there for a week, a nonth or a year, or indeed I night never be seen again. I asked vhat they neant by collaboration and. they said they would in good tine. To q1 surprise they tooh me back to qr tiny cel1' without"ipf.itt torturing ne.'' "The follorsing day, Thursd ay, S \Qay, beginning early in the morningo two people talked with me. They told ne that they had absolutely nothing against ne, that I would soon be reieased, but only after a thorough persoDal check on ne, which voul-d take a few days. l4eanwhile, they had to be sure that I 'wou1d keep quiet once I was free, so that ny eollaboration was essentiaf in the fort. ot an adnission that I was a rdlitant member of the Socialist Party' and a 'written statement about my alleged political activities ' None of it ' they assured rne, would be used against nel it only constituted a guarantee they had to have that I would teep quiet. If I talked after f vas re]eased they Iqould' use the statenent. as I nia no alternative and was desperate at the thought of being deprived of ny freedon indefinitely, with the distressing effect it woutd have on rry farni ly, I accepted the conditions laid d'or'm ' Attorney Be1lo DoTen was then 'nbriefed'r for an interrogation' which he assumes was recorded. "Later on, they asked me to make a r'rritten statement 8'1ong the lines of the statement I ha.d nade in the rehearsed interrogation, handing me a typerrritten outline and for the first time removing the blindfold'" "In the mcnorandum thcrc vas a questicn as to rrhich left -r'dng priests I knev, what their names vere and vhat thcy rtere nov doing or working on.'' The place of de!9ntion. Despite the fact that he had rernained blindfolded the vhole time he vas detained, Guillermo Be11o vas abJ.e to pinpoint some of the features of the place V.f."r" fru'r"= fr"fa, rtTt is a dwe11ing,- peihaps on the ground floor of an apaltment building" some 25 or 30 minutes by car from the centre of the city' Judging from the route taken by tbe car in wtricn I was driven to the intersection of the Alameda and calle Anundtegui, where.r was rereased, r calculate that it nay ,oell have been "il-:l:, ":ttye o-f .lfaipu or in sone other place close to a motorvay or s vide road rtltnout' traffic lights, since the car travelled for a long tiue along a straight road, alnost without stopping, until I \ras Left in the place inaicated", I'ihen he was infonrcd that he r,rould be rereased, Gu lerno Bef 1o Doren was s1l-o!'ed to take a bath and lrash his hair for the fixst time renoved in a fortnight. "They the blindfold from ny eyes and r r,zas abfe to r.ook out through a wind.ow in the bathroon: at the side of the outbuilding four-storey r,rtrere f vas there was a concrete building, typical of a poor urban-fringe comorurity. Duling the day f heard the sound of children plsying on a second floor or in a co*idor adJoining the one where f was, from which I assume that the place where I was kept was canouflaged by_-a fanily-type erterior rrrhi ch nad.e pass rr it unnoticed in ihe neighbourbood. . Threats : "Before leaving that nightmarish placer, the statement continues, rI was warned to say nothing about what had happened, und.er the threat that I would be s ought out and kil-led if f did so, u,rra tn"t they could carry out the threat any t inxe they wished, even years r,ater. They extend.ed the thrlat to ny farnily also ' r was told that r lroufd have to colraborate with thelx by obtaining infolmation in the professional circles in vhich r noved and tirat they vould. call ue about it by telephone at my office" using the name Fernand.o. was i. The case had been widely publicized and distorted by some of the uass nedia. The Seg.ung_a, for instance, interpreted ^nevspaper,,!a the disappearance of Bello Doren as follovs: "A new trick by the banned corLnunist party has been discovered and. thwarted, To give a fill-up to the campaign against Chile ana with an eye to the next neeting of oAs, some r,/eeks ago it ordered one of its nilitant members, Guillerno Hernan Be1lo Doren, to go into hiding so as to give the inpression, both at home and abroad, that he was yet another rmissing person'. (13 l,rrr" lr977i.', rn his sworn statement, Guillerrno Be11o Dolen explains that his silence was due to the grave threats nade against him, but that ii had. become impossible for hin to I'ive lrith self-respect. "Trre tirne has c ome to te1l the truthir, he assertso "a'd to denounce the cowardly attitude of those vho use their power and their anonynous status to act in bad faith against people disregard rl in of their fund.anent a1 rislts . " rAA ANNEX XIX rts of recent forieinar shT A.n6rico A] fonso Q.UTNONES Z'UIETA a/ On 2l April, Matil-de A:rtonia RadaiJ Diaz requeste'I action for enforcement of ri.ehts (grygls) iy the Valparal so Court of Appeal on behalf of her husband An6rico Fr1so Quinones Zuleta, who was taken away on 21 April at 7 a'm', together with his son Francisco Quinones Radii. The application states that on f9 April five persons cale to the applicant's donicile in a white carl they had a house vithout conversation with ber nuslana an d. carried. out a thorough search of the producing a search warrant. They then asked Zuleta for information in his neck and ald for the names of other persons. ftley punched hin on the in !osse""io., bus the stonach al]d. released hin an hor:r end. a half later, telling hin to be at the B on that day, four stop, No. l-2 Camino Troncal, on 20 April- At p.n. -persons arrived. at his trone a.nd. said that they vere expecting him' He denanded their identification and varned thero that he had sought protection' On 2L Aprll he vas arrested, vith one of his sonst who tried.to prevent his father fron being taken away. Another of his sons got in touch with ttle police' aFay, but when the occupants who stopped the car in which they vere being taken I s ame day' one of Quinones f"oal-,""a tir"ir i. dentificati on, 1et them go on. on the iaptors, accompalied by a van-load of police, brorlght his wife the detention arder' Father s:rd son vere in YaJparaiso lrison. B. Juar Eduard.o BERFIOS MOFALES b/ Juan Ed.uardo Bexrios Morales, National Director of the chilean conf€deration of White Collax Workers, entered an application for ggpglg on behalf of hinself' his wife, d.aughters, father, mother 6rrd brother. An application for 9gI4 uas also entered on behalf of the same persons by the vicar of sol"idaridad-r the Rev. Cristi6.n Precht. The application states that Berrios vas arrested by persons (in pfain clothes) at the iniersection of Cal-le Portueal. and Diez de Julio at l0 a.m. and rel-eased at nddnight r af't er having been subi ected- to physicsl- i11- treatr0ent and. intenogated about people connected with trad.e rmions 8J]d- former political organizations, about th- dshop's deelaration, acts Planned for Labour bay, ana amut the Solidarigad vicariate and petsons working there' IIe was released. on conai.tion {ifi-ffires ent ed hinself before his captors in the nexh few dairs to provid.e arswers to specific questions given to hin in I'riting' Tf the infornation was not provided, reprisals lrouJ.d be t aken against his vife, his eleveo and nine-year o1d sons' or othex near refatives. a/ Sotid.aridad, No' _LO, p. o. b/ Sofidaridad o No. to, p. -Lo, -189- c, 1. Infomatioa concerning an application for a l.lTit of amparo (Habeas corpus). s./ Pal-nira del Carmen Ojeda Rivas, identity card. Saltiago No. 3.019.gL0_9, subnitted an applicati.on for ampa?o, Rol-I No. AOO_TI , on behal-f of victor condori valencia. st atL-i!-T-hat four persons in civilian cr-othes identifying themsel-ves as investigators arrested him at his home on 1 May. Both rvere released on 3 May of this year. On the foll-olring day, l+ May, however, both .were arrested at their hone end released on the hi ghway. I T\,ro nephers of Condori were a.lso detained for a day, according to the writ. Palmira del_ Caranen Ojeda Rivas a-l-so entered an application for g4ggg, Roll No. 256-77, on her ovn behalf, in vhich she stated that three persons in civilian clothes had detained her for several hours and interrogated her concerning Victor Condori I s vhereabouts. 2, Information from statements received by the Oroup (") Victor negino Condori Valencia vas arrested on Sund.ay, 1 May 19TT, at I p.n.- while at the hous e of hjs friend. Mrs. paLmira OJeda, Cal_l; )+699,' polla;i6n Sant i ago. Four civilians, armed with handgr:ns, entered. the house, pointed their guns at hin and- nade hirn face the wa1l vith a g'n at his head.. tney aia not produce sny identification, or any search or arrest o,arrant. He was t aken handcuifed to a cax, adhesive tape v'as put over his eyes, snd during the trip tttey punched. hiur on the head. ard about the ears. He was talen to an rxrknorn place, vhich from previous infornation he thinks vas in the Quinta Nornal. 0n arrival he was put into a hind of {ooden cagen his arms and feet touching the sides. After he had been there for a short time he vas remorred and t aken to another room vhere an interrogation began on his alleged party activities a',d. on the vhereabouts and names of persons. During the interrogation he vas punched. about the face, head, abdomen and ears. He was interrogated in this r^ray twice with an int ervaJ_ of severa-I hours in between. He renained in that place for three days, all the tjne hardcuffed and blindfolded, wlthout being ab.Ie to sleak to anyone, although from the noises, screaming and sobbitrg he was ar,rare that there vere other detainees. overhead he coul-d hear the sound.s nade by people living on the neLt floor. c/ Sofidari.dad, No. 19, p. 19. _I90_ (l4onday) they 1et hirn out verlr early in the nornrng' Cn thL- next aay -Trrey they nade him took- nit itoo,t' naa duplicstes of his keys; t,lindfltr1ded, a-nd Salazar' alone and and searehed tir. r.o''," irto.ol'gil-y' His wife' Violeta go fn "- talk \^'ith'vas her' asfeep, The captors torA nin trrey iouid come back and have a place of detention, and this time there were no more They returned to the witilout anv on ruesdai, around IO p'*' ittty let hin out again and interrogations. put in a car he found his lrife at i cn hlm tnat te was free' i^lhen he was expla:l told been on the same theve too; they had arrested her on the Monday and she had premises since then. car a long vay from home' They spent the night at They were turned out of the were Pedrc Rojas Condori arrd Agustin Manterol-at \'iho the house of ttleir nephews on the arrested on I l{ay and released on 9 May, after being interogated whereabouts of the coup]-e. )+ vcre.changing hone around 9.50 a'm' on wednesday' May' and They reacneo al)d arrested their clothes i{hen the four people !{ho care the first time entered thenJ tahing them to the same place of detention' speak to each other Here they were sat down side by side, but they did not because they felt that they were being watched'' interrogated him on the sarae topics a-s the Ee was taken to a roon where they to his punching t[lo on the body; finalfy they alrplied electricity first tine, irom the shackles on his legs' tenples, arms ard legsi he stil1 has burns and veals r:nti1 6 p'ra' During the second detention he t'ras kept at the place from 10 a'm' threatened that if he talked he Qn being released together vith his vife he vas come back' vrou-1d b! afested again and this tine he vould not two periods of detention he vas unable to spea'k to or see anyone During the detainees there' although from the sound he could tel-l that there were other captols spoke he From the pf ace where he 'i,,7as taken and from the vay his ' believes that they rqere Air Force personnel-' by five a1l1ed (b) violeta salazar sal-azar I'as arrested on 2 May r97T aL he]' home husband victor Condcri on the rnen in civilian cl-othes who had taken away ber previous daY. a thorough search The produced' no search warrant but proceeded to make captors She was told not to of the apartment, tahing avay letters and, personll docr'ments' her' They lef't taking move and that they vooti corol back and tal^k to ' into the street aIrd sav that one of the capt'ors vas l4r. Condori' She lrent out had only gone buj"lding; she raLl and raa:raged to Jump on a bus' but it vatching the person boarded the bus' a few yards when a car f"ff""i"g it cut in front'-and a her get off and put her into the car' made /... She vas blindfolded, and taken to an unknoun clestination. They bor.rrd her hand. ffld footr sat ber alovn and. interrogated her concerning nanF s of persons and their al-leged politica-l activities. As she d.enied knoving them, they applied el_ectricity to ber hanalcuffs and to the base of her skul1. They tben tofd her that her son Nicol,as and her daughter- in-l-av had been arrested. gcreams of tortured persons could be beard end she thought it vas her son. She begged her captors to let hin go. She went into hysterics ancl they gave ber a tranquillizer. Sbe vas interrogated several tines during the dayi she had some idea of the tine because of a radio which was going f!L1 blast. She could te11 fron noises and screeming that there vere other detainees. She vas released on the fue sday night and saw her husband. They spent the night i.n the house of thelr nephews Pedro Rojas Condori s.nd Agustin Manterola who were detained on B May for several hours. She reacheal home acconpanied. by her husband on Wednesd.ay, l+ l4ay, ancl was again arrested by the sane group of captors. They vere both taken to the same place. She was again interrogated., vitboub ill-treatnent. ,ts^rth^ <-- I,.ut E'e^1,^ -."as told that she wouLd be released but rarned not to report the arrest or they wou.Id beat heT up. Following her anest, pelsons i d.enti fyin g thesselves as DINA agents went to the hous e of her son NicoJ.as and asked. hin to withdraw tbe vrit of gggg sinc e hi s parents had been released.; they aJ-so said that they had not been responsible for the ar"est and tbat al1 they nor' ed. to d.o was to he].p then and protect them. 'rart D. Aldo Edgardo Al-cota DelBado d/ A.lalo Edgardo Al-cota Delgado was arrested on J- May ]-977 by four civiliens who identified themselves as 'rlnvestigation officers", and put hin into a black car, in fact like those used by that service. It ras about 12.30 p.m. He lras in CaLle Carlos Prieto betveen the 19 and 20 bus-stops, G!'atr Avenid.a, Santiago, S1umped dovn in the car, he vas coveretl with a poncho artl hardcuffed. After a J ourney of betveen 20 and. 2, minutes they reached a house, vhere they interrogated hin on his pol-itical activities. They gave hin the naoes of persons, etc. To begin with they beat hin up. He aras nade to sign a document, llith the nlurber of his identity card and personaf infomation, in r^rhi clr he pledged hinself to xork for the Office of ti/ Tnfornat ion from a statenent received by the Group. The Group has been informed that this case ras brought to the attention of the Chilean Courts in an application for a writ of amparo (Soliaaridad, No. 19, p. 19). I{at iona.l- rntelligence (nrm), He also signed a document eonfessing that he l'as a drug ped}ar and a homo sexual. Al]" this took place as follows I after an interrogation lasting about hal-f an houl, they put hin in an adioining room where they left hin alone, vith his alns tied to a beom. An hour later they changed the hardcuffs which vere attached to the beem and put them on his feet, stifl- attached to the beam, With his hs.nd.s nov free tre was able for a uonent to lift the blindfold covering his eyes and to see what kind of room he ?as in. It was a basetrent foom of 10 x I rnetres, conpletely vhite' with no pictures on the wa]-ls, a tiny net aI grating to let in the light, half a d.ozen beams holding up the roof' and a cement floor. The only noise vhich reached. the room vas the sound of footsteps on the floor above. He remained. the?e ultif it began to grov dark. Then two men arrived.l this time they took ttre shackles off his feet and pub them on his hsnds' ti8htened the blindfold and took hi& to the floor above. ltrere they took him into a room, and sat hin down at s d.esk, and. one of the persons in front of hin - apparently the chief of the unit - chatteal very aniably with him' and made him a number of proposals. At the beginning of the conversation ll.ith this person he ..'as toLd that "in the USSR the KGBi' .l-iquidates prisoners immediately, but we r'rculd like to give you a chance. This consists in not liquidating you or making you disappear - subiect to tvo conditions ttvhich vil-I ensr:re that you are not going to let us dorntr. At this point he said tbey were greatly interested in his collaborating vith then, basically by passing on information he cou1d. obtain st the university. The conditions are those already d.escribed.. The d.ocument s vere a series of sheets of grey official paper, with the heading t'Republic of Chileir, arrtl the words: I ... rmdertake to ...r etc.r in other words they were papers previously prepared with blank spaces. Once these document s had been signed he vas taken to another part of the sane premises. The room was in complete darkness; they took off his blindfold' he was no fonger hardcuffed,, antl in the darkness they took three flashlight photographs of hin, two in profile ard one front view. Then a voice he recognized. as that of the person who seemed to be the chief and had j.nduced him to accept the offeT to1d. hi.n to undress, fn the darlmess he had the inpression al]- the tine that there were other persons in the room, ard he was able to confirm this vhen the camera ffash vent off. Once undressed, they 1ed hirn to,wards a bed in the roour and he realized that there was another naked man. They mad.e him stand. up against this nan, vith hln looking at the camera and the other one with his back to i.t. Once this operation r,tas finished, they nade hin get dressed'n blindfolded hin again and took hirn out to tbe street. They put hin in a car uith five persons in it. lle couLd hear that they were also putting a bicycle into the boot. lhey set off; he vas slumped doval on the back seat. They then took off the blindfold but mad.e him keep his head. dotrn. fhe vehicle stopped on tlrc occasions, since apparentl-y ttre bicycl,e had become loose in the boot. Dr:ring the iourney' one of the men reninded. him that he was to keep a rendezvous the following Friday' 6 l4ay 1977 ' at the [Io. 9 bus stoP, Gral Avenida, at 7 p.n. lle vas to corte wearing ieans artd a grey sweater, with a booh in his hand. A person - a man or a woman - would come up io hin and say ttfollow mert and he I[Lst d.o so in ord.er to receive the appropriate -t q?- instructions. He did not keep this rendezvous. He add-s another detail, that uben they axrested him anrl were tating him to the interrogation centre, he noticed that on the flooa of the vehiele there vere various subnachine guns. He was also able to hear his captors talking by radio in code. On the way back they left hin in Calle Freire, No, 19 bus-stop in the Gran Avenida, at 9.30 p.n. 0n the strength of these various particulars he applied for amparo to the Court of Appeal of Santiago, and a eharge was made to the competent Crirninal Court for kidnapping, etc. On 26 llay l-97?, his nother vas trvisitedrr by a.gent s of the Office of National fntelli€ience (Offtg), who said they vould like to speak to AJdo l1cota, order to rrprotectionrr in give him against alleged criminals, vhom they vould also like to arrest, since al,]- their activities vere being b.tamed an DINA. The agents saiit they would return on L9 May L977, but on If May two officials from the office of National lntelligence again uent to the house, repeating their previous offer End saying they warted to taLk to her son. That day the priest Fernando Vives, a family friend, happened. to come by the hone of A1do Al-cotars mother. 0n 19 l''lal ]977, DINA agents again cane to hear the reply to the offer natle to the fariLy. ltris tirqe the int ervi ew took place in tne presence of the priest Fernando Vives and a friend of the fanily. The fanily tofd then that they accepted the offer by DINA but it nust be made before the competent crininal judge, uho uas empowered to investigate and sol-ve cases, and to impose penaltiesl so that all the proofs which DINA said they possessea (tney had a briefcase in r,rhi ch they aJ-legedJ-y had photographs of possible offenders), must be handed over to the competent Judge. A DINA official identified hinself, calling himsel-f Val-enzue1a C1uz. 0f their om accord, the family then gave them a copy of the charge which had been presented., sponsored by a 1ar,yer. They seemed somewhat put out, but sere stiLl fliendly. Finally they tTied to induce the fanily to sign a document stating they waived. the protection offered by the Office of National Intel-ligence. 0n Ttrur sd.ay, 27 ltay 7977, a-n official identifying hirnself as Francisco Val-enzueca Cruz a"rived alone, and insisted on seeing her son, again saylng that he r.lanted. to talk to hin, and show hin photographs so that he coul,d. identify the persons concerned. He said that he brought good news, name.ly that they had identified the people who had perpetrated. the assault on her son. IIe insisted that the fa-rnily eollaborate, in spite of Lhe docr.ment they had signed. Thj.s conversation was brief, lasting only 10 minutes. He told her to take care of herself because the peopl-e who had coomj.tted the outrage against her son rnight r.re11 talre reprisals on her. I{e said this in a threatening tone. This tine, r:n1ihe previous visits he did not say he was coming back. E. laul Moises Ciaz Mo"a Ernestina Navarro Canilo, identity card No. Santiago 2.893-786-7, entered an application for amparo, No. 2l+9-7?, on behalf of her husband Rau.l Moises Diaz Mora, stating that he had been arrested by three young men in civifian clothes "driving a beige 'Chevjrr car, vith 19?7 nr.mber -p1a I es KT'T-C9". Leishbours uitnessed the incident. e/ e/ Solidaridad, No. 19, p. L9. -'r9)+- A$]IEX )O( sro11r-394gIe!&q ly-g_!opEq-qst31n99. 4 /_orieinal: spanishT I was arrested on 12 Septerrber 1973 by the politica] police in Concepcion' latcr transferred to the Isle of Quj.riquina, and. from there sent to I'ort Borgoffo {here I vas interrogated und.er harsh torture for 25 deys. After two nxonths in the Coneepcion Regional Stadiun and nine nonths in Chacabuco concentration canp in the liiorti], I vas conditionatly released vithout ever being brought to tTial, and consequently without there being any concrete charge or sentence b"ought against me. iliy conditional- release took effect on ... Septenber 1971+. From this date onwalds the political police did not leave ne in peace, and nqr conditional release turned into a constant persecution of qrself and lY fauily' not only in ny private life but also in ny vorh aflt! in the area vrhere I lived. More concretel-y: 1. I:lith great difficulty I succeeded in finding vork in a ... estabfishnent in Decenber 1975. I,lenbe"s of the DIIIA paid repeatett v-isits to my place of vork in order to force nqf ex-employer to file nle. The DINA insisted that I was a bad element and did not deserve to have empl-oynent ' This situatiob being an open violation of the right to vork, I visited the Concepcion office of the '[,Iork lnspectorate in [iarch 19?6, with the intention of registering a conp]aint and having m.y rights recognized. The office not only refused to receive my conplaint but also warned ne to keep quiet, threatening me that any further action on n5r part mi ght nake rry situation rnrorse. Fortunately r'$f employer, '{.Iho was also subJected to pressures from the DINA, refused to coroply with their r:nderhand nanoeuvres thanks to r^rhich I was abfe to retain rryr job. ' 2. On ny release lYon the chacabuco prison c arnp I vas continually subJectecl. to arbitrary detention, both at home and in the street, by the police (carabineros) and by persons in civilian dress, who escorbed me to a pofice station (Quinta Conisaria de Carabineros) in concepcion for interrogation by members of the DINA. During interro€lation I ruould be questioned about my alleged political- or trade union qntirrir-iac IVhv liarnqrii.'nrrinn !!!- -.J in meaiino< uhel-her T r^rere dirLributinr- Dr.]r-ApFide adainst r-he "li-Litary Junra, 1/herher - oosscsserl al^ns, etc., without the police l.aving any concrete eviclenc e or real accusauior Lo brin' againsL me. Durinf interro6ption T wou-Ld be maltreated, beato' on t-.e hands and feel, insulted and. have my future liberty, my pliysical integrity and my family threatened. a/ Because of the reported threats to the declarant's fa-lri1y, certain members of which continue to reside in Chife" the declaraltrs name and identifying details have been efininated. -roq- Such periods of detention r.rould last for several- hours, a whole day, a night or several alays. No record lras eve! enterecl into the detention entry book. fhe nost al-aruiug action against ne took pJ-a,ce on ... May 197T when e, group of "carabineros" amed rrith nachinc-guDs arriveal in force at rV hone cturing the nj.ght, forceal me to get out of bed., naltreated ee Fhysi cal1y antl rnsufted me, all in the presence of nry t^l.ife end ,., cbl!.Cren. fhey then took ne to the police station nentioned. above, vhere the na-ltreatnxent, insults and uhreats were resuned 8nd. lthere they interrogated !0e to final out vhether I knew the organize"s of worker group activities which had take! place on the lst May, International Labour Day. 3. Tbe DINA prohi.bited sociaL orgsnisns, such as nothe"s I centres, neighbourhood groups, youth centres n fron accepting us as menbers or tatring part in their activities. I rlas also subJected to detentLcn as a resuJ.t of suspicicns that we nlight be wioJ-ating tbis prohibitior, to the exteut that I vas accused. of usi.ng a sports club located in the sane pLace as I was lirring as a cover to hold neetings. l+. In ad.tlition, shoukl soue cotry)Letely fortuitous situation arise, such as a breakd.ovn in the suppLy of tlrinking water, it woul.d serve s.s sufficient pretext for ne to be arxested, interrogated and accuseil of being the person ?esponsible. AJ.1 this, and principelly the fact that nany of those having been gi.ven conditional rel-ease - as \ras qr case - had been arrestett or arrested ancl reported nissing - a6 l'as the cese of Abrahen Rivas, leader of the Concepcion Union of Neigirbourhood Groups, and that of Jaine Perez, forf,er l-ea,der of the National- Federation of HeaJ-th Workers - indicatetl that the DII'trArs threats that I lras to be elininated nieht very vell be carrietl out, bringing about a tragic psychological clinate antl a feeling of real- terror witbin nryself and ry femi Iy, I,lhenever f was late in retuzning hoDe, for any reason at all" it vould. be eufficient reason for ry u'i fe and chilalren to becone anxi ous and lanic-stricken antt suffer intolerable crises of tension and outbleaks of nerves. [be terror, persecution and unJustified threats to nry person J-etl rne to seek the uesns to escape fron the situation, leave the cotutry end request politicel asylum i! ... . ( siene4; ANNEX XXI E-qaler.ent lra!e__!X_-qel9!!nelg_?,,!3g!*ain Clenentq N. Bursos / Urrglna-L : Spanish/ "In Santiago, on 20 April 1977, CLEIIENTE NICOLAS BURGOS VALEI{ZUXLA, born at San Javier de Loncorrill-a, 36 years of age, narriecl, carabineros captain r living at l-)+9r San Franci.sco in this city, appears in court and, having taken the oatho declares: In reply to your questions, I have to say that it vas indeed fitting for me tJ be present during the proceedings in connexion sith the case of CARIOS El,'XtsEBTO COI{TnERAS I4ALUJ!. In the rnonth of November, I d'o not remember which date, I was travelling in a jeep tovards Police Station No, 12, San I''ligue1; on reaching Copiap6, I noticed that a traffic accitlent had occurred. I stopped arrd s a'vr that there was a bus, ard on the ground., at approxinately fi ve or six netres from the bus, al indiwidual was lying on his back; according to tbe people who had coffected there, he had hurl-ed himseJ-f at the bus, which had knocked him down. His head was bleeding badly. Secause of the crowd, I l-eft the Jeep about l+0 rnetres away frorn the scene of the accident and vhen I approached. to look at it I heard hirn say, perfectfy c]early, that "he vas a communist ex-Councillor of Concepci6n" e.nd that his fanily I'ialuj e, vho had a chenist's shop in Concepci6n, should be inforned. After this' I r.rent towards the jeep in order to cal.1 the alrbufance and infom the radio exchange about 'what was going on, since the sector was not in qr area. At the rrery moment when I ruas reporting to qr sutrreriors, a Fiat 125 arrived - I do not for the monent remenber its registration number - from whi ch four men in plain cfothes Bot out; they showed ne a DINA pass alrd at the s ame tine told rne that they vere ffltrA officiats and that they were in pursuit of this individuaf i.e. Contreras l{a}uJe. Moreover, when I r,rent close to the iniu"ed Contreras, he was shouting that he vas getting away from DINA personnef. It is a general rule of procedure in the serrrice that when Intelligence Service staff take up a case, we withd.rat, Nevertheless, in the course of routine nol ice nronedrrrc T ronorted the occurrence to the Sixth Connissariat of Carabineros, the unit, responsible for the sector and I gave a fu1l account of the incident. llere, f remenber, f supplied the exact registration number of the Fiat 125 al ..." a/ The Group has received a copy of the accident report made by Captain Burgos shortly after the accident in vhich he stated the automobile h8'd -Lfc enc e plst€s EG Joo. ANND( XXII Statenent nade by Sel,enisa Caro Fios de Diaz, wife of Victor Diaz ST.IORN STATN.IXNT F"iginal : Spanish/ The folJ-owing sworn statement was made in Santiago de Chile on 22 October L9?6, before the authorizing Notary Fub].ie by SILENISA CARO RIOS DE D1.{2, housevife resid.ing at Yiguel- Campos 300)+, Town of San Joaquin, San Miguel, identity card No. 2,181 ,123-9 of the Santiago Office: L{!!!, 0n 1\ May of this year, f r,r'as informed. by a person of the fenale sex, whou r do not kno\,r and vhom T.cannot identify, that my husband vicroR I,fAIUEL DiAz LopEz, identity card No. 1,00I,L21 of Santiago, had been arrested by agents of the Directorate of National rntelligence. this nevs, althoutsh unconfirmed, caused. thiE deponent more sorroT,/ than sr:rprise, since it only appeared to be the eul-nination of the, search for hin by the Security Services, which haal begun on the very d"y took_pol,tey', l5tu Junta 11 September 1973, on which date my husband was holding the publ_ ic office of General under-secretary of the coEmlnist pirty, for vhich reasdh he *tt--- obliged- to leave his home from that time on. thus losins contact with his loverl ones. Fron the day of the rnilitary pronunciarnento , agents of the Secr.rrity Services came to or:r home on no less than five occasions for the purpose of arresting ny husband., The first of these visits was nade by investigating officers on ! 0ctober 19?3, on vhich occasion I was handed a notice $hich I still have in ny possession and a photocopy of which I attached to ny appl_ication for a writ of habeus corpus (recurso cle a.mparo ) on behalf of ny husbanat, dated l-9 August of this year, before the Santiego Court of Appeals. The last two visits referred to l{ere nade by agents from the Directorate of National Intelligenee (pfna), SECOND: In the month of June this year, it vas possible to ascertain precisety the circnmstances of the alrest of vfctor Diaz L6pez , which are briefly as follovs : on the morning of 12 l4ay 1976, the curfew still being in force, a large-scale operation was canied out by security agents in Bel1o Horizonte Street in the tovn of Las Condes, Co16n Oriente/Hernando d.e Magallanes district. Anonymous inforuants, who were witnesses of the facts I am describina and who are r:nwillinE to reveal their identity because they clain that their pJrsonal safety night bJ Jeopardized were they to d.o so, have confirmecl that, after searching several houses in the above-rnent ioneil district, the DINA agents came upon my husband, .who vas imediately arrestecl and. transferred. to some unknoFn place, which it has since proved. inpossible to ialentify, The exact address at whicb the a"rest of Victor Diaz took Dface is 979 Bel1o Horizonte Street. THIRD: ft was subsequently ascertained that the"e vas an eye-witness of my -roB- husband's arrest, nanely Mr. JORGE CAIrilTO, an engineer at the State Technical {Jniversity, whc vas the owner of the house at 9?9 BeUo Horizonte. l'4r. Canto was at hone on the morning of 12 lray this year and r,ritnessed the arrest; he is now living abroad. fQURTIL : A letter from frafrue dated 29 July 1976, ad.dressed to this citizen, by the Secretary of the World lederation of Trade Unions, I't', Jos5 Vig6, states the fclloving: The fact that the Chilean Under-secretary of Justice has said, in a telephone conversation r+ith the l{ayor of Bologna, that Victor Diaz and his friencts are in a detention centre in Chile ... This on\r repeated what was said in a cable from the AIP agency, sent from !.oue on 22 J:uJry of this year and published by the ner,rspaper Il_] elculto of this capital on the following day: "tr'or the first time .., a member of the Chilean i{ilitary Covernmental Junta has acknovledged by implication the detention of fou." forner mernbers of the Central Connittee of the Connunist Party) vho up to ncw had been officiallv listed as missing", "These leaders, Victor Dfaz, Jos6 lleibel, l.{ario Zamorano and Jorge }{ufioz, had been regarded by the Chilean authorities as 'missingr." "The person who spohe with the l.{ayor of Bologna r,ras the nilitary attach6 of the Chilean Under-Secretary of Justice, l4ario Duvachelle " That official-, Captain Amstrong, rtrho was apparently acquainted vith the circurnstances, answered instead of Duvachelle .."". FTFTH:. On th l.,lay of this year I applied for a writ of habeas corpus (Iecqqo de to the saniiago Couri or applars (rite wo. \05-76), on the tusis-6FTiE-- prelirninary"rpqto) information obtained by me, his wife, This application was rejeeted by the Court.. because the orficial authorities, especially the t4inistry of Internal Affairs, stated that they did not knolr anything about my husband's detention, Subsequently, on the basis of the quantity and quality of the new and" very inportant facts I had obtained, I again applied for a l,'rit of habeas corpus to the same Cou.Tt, on the nineteenth of Augus t last, Unfortrrately, that new application was also refused, rnerely on the strength of a statement by the Government authorities - who again clairned to knov nothing about the a?rest - and without the Court having taken any of the steps requested by the appellant concerning the facts in question, At the present tirne" a complaint concerning the kidnapping of Vfctor Diaz is being brou€ht before the Si)cth Superior Criminal Court of Santiago. SIXI'H: I have recently been informed by various unidentified persons who had been imprisoned. and subsequently released that they ha.d seen qf husband in the DfNA detention centre called the Villa Grirnaldi, located in Pefra1o16n, Re€rettably, those persons have been unable to reveal their identity for Teasons of pe"sonal safety. SE\IENTH: At approximateJ-y 11.30 a.m. on 6 October 1976, tro officials of the Directo"ate of National Tntelligence appeared at my hone, but did not identify +}amea l rr^c 11L-- rT ^---,I,-.red the door, they handed me an envelope requesting that I open it and read the letter which it contained' they inforned ne' that when I had read the letter, they would like to talk to me, I took the envelope, on vhich f recognized the hand{riting of rq,. husband. Victor Dlaz L6pez. I closed the door and opened the envelope, in which T found a letter" addressed to me from Victor' which read as follovs: r'6 october 1976. Dear Sele (tnat is the nicknarne by rhich he always caLled me), Your husband is writing these lines of greeting bo you and to our d.aughters and son; I want to know hory you a"e, I r.rean about your health, f nyseLf am all right. I ask you to anstrer ne through the bearer, I also wish to ask you not to go on !,'ith any steps which you nay be taking on ny behalf. ldoreover, f want you to confirm vhether you sti11 have the same telephone number ,IlI+72. ff not, I ask you to give a nunber, day and hour when f can call you. your loving husband and father. tr'or you, dear Sefita, for Toyi, Viviena and totin, ruany kisses fron (signature: Diaz L.)." After reading the letter and. recognizing what was, for me, the unnistakable bandwriting of qy husband, which I then conpared with other earlier specinens ! 1 adnitted the DINA agents to ny house and they told ne the foll-oving: that nry husband was, in fact, being detained in Santiagol that they could not tel1 me his place of d.etention "owing to circunstances beyond their control"; that he was in Sood health and well taken care of; that f shou-Ld pay attention to r^rhat rny husband told me, in other r^7ords, that I should ce..rse submitting applications of any kind" even to the courts, because I would not get an)rr,rhere and it lrould be better for my personal- safety and. for that of my husband; that Fadio l{oscow was naking a lot of trouble about Vfctor Dfaz and that that had. to be put a stop to. Subsequently, they told ne thet f vould shortly receive a number of telephone calls from r{f husband- and that I would be able to see him l-at er on and that they nxight even bring him home. Fina11y, before leaving" they nrade me write out a receipt for his letter on a paper addressed. to my husband. EIGIiTH: On the folfowing day, ? October, at approxinately 6,OO p.rn., the tet-ephone in my home rang and was answered- by ny daughter Victoria, since nobody else vas at home " Right away, she heared. the voice of a man who said: "Ho1d on, there is a cal-l for yourr, and innediately afterwards she heard what was for her the unrnistakable voice of ber father. The conve?sation was as foflows: tt(Victor): "fs your Mana there?r' (Victoria): "Oh: Pape ... shels out dealing with ttre application." (Victor): "But how is that since I told her not to go on r,rith it ... The letter should not be sho\,rn to anybody." ft is only for you." Then he asked about the heaLth of his family, whether his d.aughters had narried, whether they rrere working and said. that he wouId telephone again some day after 6,00 p.m, And he ended by saying: "Tel-l- your nother that she should. u.nderstand $hy she ought not +^ ,^ ,,i +r^ .i +. il uv 6u ^huu NIMH: At 11,00 a.m. on 19 October of this year, a DI$A agent appeared at my home asking for trlbs. Dfaz with a message fYom l&'. Dfaztr, He was met by ny daughter, Victoria, $ho r,ras the only person at home. I,ly daughter refused his request to hand over a parcel of clothing for nor husb and since she did not have my authorization to do so. The agent rtent away, saying that he would get into trouble for not having done vhat he was supposed to, Tfl\[TIl: At approxinately 8"50 p.m. on 20 October, the telephone in my house rang and was answered by ny daughter Viviana, who inmediately recognized the voice of her father sntt handed. the receiver to me. Ttre conversation between Victor Diaz and. rnyself, his wife, nas as folJ-ows: (victor): "Seleu hor.r are you all?'r (lffse:-f)' "I am not going to anslrer this call; I do not want any ca11s, I want to see you here -200- in qy house", (victor): "Pl-ease listen to me, d.onrt get nervous (l4yseLf ): "Ttre Ben Lrho came the other day said they were going to bring you here,"' I will not say anything trrore until ttrey bring you hone." (Victor): "Did they pronise you that?" (ltrserr)r "Yes, don't !o on ia1ting," (victor): "But are you at1 right?'r (t'{rseu): "Yes. '' (victor): ''Then I wi1l, not ca}I again"' l then innediately replaced the "eceiver. ELEVEMII: f have established that my bouse is being vatched; noreover, "wrong nunber" cal1s are constantly being reeeived in it from unidentified. persons. TIJELFTII: I solennly tlecLare that, in view of the facts set forbh above, I am serio"=ly afraid for the life of ny husband and for the safety of ry daughters and nryself . The above was signed in ny presence by l{rs. Selenisa Caro Rios de Diaz' identity caral No, 2,181 ,128-9 of Santi.ago, $antiago, 2? Qctobet I97 6 : Dimetrio Guii6rre z Lega1 Notary Santiago, Chile AMINX XXIII from the t iwe f Great and. I'trorthern Ireland to ons Office at Geneva add.ressed to the of the Division of Iluman Riehts / urrslna_L: -Fins Ll- sn/ Her MaJestyrs Governnent believe that it will be helpful to the Ad IIoc working Group on the situation of Ituman Rights in chile in fulfilling its nandate for i.t to have brought to its attention eertain information in their possession relating to the case of tbe ndssing Anglo-Chilean, lli1lia,rn Beausire ( Guillerrno Roberto Beausire Al-onson chilean rdentity card llo 5.208.306-2). the I^Iorking Group are already faniliar with the general detail-s of the case. Since Willian Beausirers disappearanee in November 192L, the British authorities have taken a close interest in the case a.nd. have for humanitarian reasons nade several approaches to tbe chilean authorities in the light of the evidence they have received.. The Chilean Government, for their part, have consistently denied. responsibility for l/Iilliam Beausirers d.isappearance and k::oltJ.ed ge of his whereabouts. In June l-976, Her Majesty,s coveinment drew up a s unmary of all the evidence in their possession, in the for!0 of the attached Memorandum, and gave it to the Chilean Foreisn lr{inister. Vice Adniral Patricio Cs.rvaja1, under cover Jf u, p.""ott.l message fron the Secretary of State for tr'oreign and Conmonwealth Affairs, the Rt, Hon, Anthony Crosland l4P, appealing foa its careful conside:ation and a fulf enquiry. IIer l.{aJesty t s Governnxent considered the rep1y, delivered on L0 l{ovenber 1976 to the Foreign and Cornmonr,realth Office, to be rmheJ-pfu-I in attitude and unsatisfactory in content, and were rbliged to conclud.e that no real attempt had been nade by the Chilean authorities to locate l,li1liam Beausire or investisate the facts of his disappearance- The Memorandun surmarizes evid€nce about Willian Beausire in the possession of Her Majestyrs Government to the effect that, after leaving Chile in l,Tovenber 19Tl+, he was returrred to that cor:ntry fron Argentina afld held secretry in detention at least until JuLy 1975. rt aloes not reveal the identity of most of the witnesses who have provided testinony, and in this forn it is suitable for publication. The original, signed. copies of the rritnesses I statements are held by the British authorities in London. rf the working croup so desiredo the British authorities 'wourd have no obJection to making copies of these statements availabl€ to them on a confidential basis, subJect to the permission of those concerned.. The British authorities cannot, of coutse, vouch for the accuracy of all the testinony arhi ch they have been given. But it is their carefu.l-1y considered view that' when tal believe tbat the In vi flr of the facts set out above, Iler li€Jestyrs Government course is fo! then to bring the matter to tbe attention only renaining aPpropriate Sritish authorities are of the !trorking Group. ro-"Jtitti'oe this evi'tence ' the acting witb ttre fuff agreement of l^Ii11ien Beausirer s oother and- of other (Sra. In6s Alonso de Seausire), now resident in the United Kingdorn, nenbers of the fa^rnilY. (sisrea) Janes Bottorley Ambassaclof, Pema,nent Bepreseutative ANNEX ]O{TV Memorerrd r:m of the of the Uni.ted of Great €nd. Northern lreland to l4r am BeauF t= . -i / ur1gln€J : .tjng_Lash/-, WILLIAM BEAUSIRE ( GUILIERI\4o ROSERTO BEAIJSIFE ALONSO) I. I{er Majestyrs Government have received oral and written evidence from a nrmber of separate and ind'epend.ent sou.rces that WiILiam Bear-rsire vas under detention in Cb.ile between the months of November l!l)+ and Jul_y 1975. This evidence is su@.€xised below. 2. HMG regret that they are unable to reveal the identity of nost of the v-itnesses vho have prov-id.ed this evidence. They d.o hor,rever offer their fila assuraDce that these iteus of evid.ence rr-ere received separately 6nd individusuy ss explaiaed' in each case, and arere recorded in good faitb; and. tlat the details of them given in this d.o curent faithfur-ly represent their contents. HMG have given the satter the most careful consideration. whatever doubts nay be entertained as to the authenticity or the veracity of any individ.ua] testimony or point of detail-, vhen takea as a vhole the various statements constitute a torniaal:_e bodv of evidenee which, in the view of HMG, can leave virtual.]-y no doubt that I,litlian Seausire was ind.eed d.etai.ned in chil-e between t,he dates qiven above. Ihe leausire fartily 3. It is not in dispute that Willien Beausire feft Chile on 2 Novenber J_!Jl+, on a r.,AN chile fl"ight to Buenos Aires, from where he intended to travel on to Europe. He was seen off at pud ahuel airport by his nother, rn6s Alonso de Beausire. short.ly afterwar.ds both sra. de Beausire a.nd. her daughter, Diana, 'were l{irlian|s sister, detained by the Chilean authorities along v-ith other relations arod frien4s of tbe farnily. They were interrogated- about the vhereabouts of anvther daughter of 536- Beausire, Mary Arm, who had been living for some time with -Andr6s Pascat Allende, the l-ead.er of the cia.nd.estine Moviniento de rzouierda !g""fu.&nrr:g (MfB ) since october 19?1+. In6s and Diana $ausiG-Etfi say That they heard- and caught a brief sight of willian vhile they were ,nd er detention; that they were tol-d he had been seen by a number of other prisoners; and that they heard his name ca.lled out by guaJd.s. In ad dition, liilliam's third sister, Jua,:ra Francisca Beausire, has stated that vhire at the rtarian xnbassy in santiago, where she had sought asylum at the end of October l-9Tl+, with the baby d.aughter of Mary Ann a,rrd. Pascal, she received three telelhone c all"s in mid-Decenber 19?l+, fron a persoD \'rbo said he was arrd. whom she believed. to be her brother. According to sra.Beausire, wirlielfl told. her that he was in hirling in chile after returning there f?om Europe, and that tre need"ed u.gentl-y to contact Mary Ann snd. pasc€I. r -201+- sta.Beausire believed that these calls were rnad.e fron prison under dr:res s in ord"er about tler sister and ?ascal' She asked her to lersuade her to di'tT:}ge infornation to if he had visitei a corlnon friend in Europe w'ith vbon h: had intended brother he said that st8y. Sbe was tol-d' he had'' but when she checked vith the friend'o Beausire had fai]-ed to arrive. Sfa.Maria Ste].la Debancens l{, who knew l.Iillisrn Beausire previously by sight' hes testified' T}ris witness, Grinal-di that she met and spoke v-ith hin arognd the telin:ning of f9?5 at the villa d.etention centre where they were both being held at the tine' Witnes s A has testifi-ed. before the Britistr Consul- in Diisseldorf 5. Ttris witness place' of Gerrna:y that in November l-97)+, while being held' in Chite at a lJest a detention which' he cou-Ld not identify he met aud was able to speak with Br':enos Aires and' ttwil-li a,Io vho to]-d hin that he had been arrested in Beausirett the returned secretly to Chile vhere he had been intenogated to make him reveal wheleaboubs of his sister Mary Ann ' lJitness B of the 6. Another Chi.lean national has described in fu].I detail to an official Venezuela, his experielces during a period of d'etention Sritisrr hbassy in Caracas, in the he spent in the vilfa Grinald"i between 31 December I9T4 anal 3 J8l-uary 1975" lViuism lrith lrhom he lras company of other prisoners including a Boissiere A'Lonsott at r."gih tit"" tn"i vere placed together for a tine able to converse -blind'foldedleaving and handcuffed in a snaiJ cer:-. "B"oissi.ri" to-Id. the witness that after Chi}esonetimepreviouslyhehadbeenarrestedalEzeizaAirportnearBuenosAires. being held. there io" . t"* days he was taken back to Chile in a nilitary After to make him aJxd interrogated and maltrlated in valious detention centres aircraft to another divulge vhat he knew atlout his sister. Though the witness was removed to see ttBoissieret' d'aily part of the d.etention centre on 3 January " he continued' for a further seven d"aYs. Witness C (evid.ence provid-ed- by the Beausire fa:nity ) 'was detained in 7, A Chilea.n now resident in London has testified that lthile he tbe Vifla Grina.ldi in nid-January 19?5, he tearned' the names of several- fe1Iow t'liif to have spent about prisoners, one of them l"i"g Beausierett, $ho was said ttBeausietetr months there already' on 12 January tbe vitness met a'nd spoke to txo ' and wben they were both *ong . group of detainees taLen outsid'e for exercise all-ow;d to converse by the guards fhe I'itness spent the next tbough blindfolded ' the i.n a ce}l separated fron "Beausiere's" onJ.y by a thin lgtftio1'' and' night ttSeausieretr v-itness that he tvo men were again alte io converse briefly' tol-d the .lray he was been taken prisoner in Argentina on his to Europe and that had ' l/as removed extaeme]-y worried aboul, his fanify. Shortfy afterwaxds the v'itness from Vil-1a Grimal-di to Cuatro Afamos ' t,., llitnesq l) B' this r'ritnes s has testified. separately and independen .y to the British tubas sy in Caracas that she net and spoke L,ith Wiilian Beausi.re in ea^rly May 1975, at an interrogation centre in Santiago koown as the rrDiscoteque'. snl posiil.vo.y i"dentified WiILian as the person she had seen there fron a photograph supplied of hin by his mother. The story of Beausirers arrest in Buenos Aires and. his subsequent treatment which vas related to her by l.ii].].iae hinself corresponds in detai] to the version given ind.ependently by otler w-itnesses. Witness E 9' An interviev r^rith this witness was conducted by a nernber of the steff of the British Embassy in santiago. rtre witness stated. tbat she shared. a cel-t w-ith Beausire fronr mi d-l4ay 1975 to tbe beginniog of July at a detention centre vhi.ch she not definitery identify but *hich she believes nay have been situated. at Cal-Ie-.c9uld Iran 3037 in Santiago. Beausire see&ed to be in rlasonable spirits and 'was no longer being maltreated. Ttris i,ritness also rerated the fanir-iar d.etails of Beausirers arrest in Buenos Aires. other evidence L0. Additionsl- eridence has been ma.de available to HMG from a lfiu'ia,o witness to Beausirers a'rival at Buenos aires rnternational Airport on z Novenber 19?4. The witness, Ilho knel'r Bear:sire, has d.escribeal hold he hearal bim sr.mmoned over foudslesker the and saw hin being cond.ucted into an office at the Airport. lrhen he nad.e enqr:-iries he was told by an official that there vas so&e proil-., o.tr"" Seausirers innigration and that he shoul-d not r,rait for hin, Ui atso enquired latex at the chilean Embas sy in Buenos Aixes, vho told hi-m that they cor]r-d not be]p. Her MaJestyts Government are aware that this ratter evidence concerng arl event which occurred. outsid.e Chile, but regard it as providing significant corroboration of a parb of the testi.mony oifered ty ottrer witnesses. Forei.gn and Comonwealth Offi ce June 1976 ANND( XXV Coments the Cbilean (Tlansnitted. to the Group by the British Government (AUTHENTTC IBANSLATToN FRoM TI{E sPANrsH TAN0UAGE ) /0riginal : memorandum Connents by the Chilean Secretary of Justice on the Sritish Governnent's ;i;;" ].976, as delivered to thl Foreign and Comonsealth office in Iondon on 10 November 1976. "1, I have the pleasure to inforn Your lordship of the result of the investigation effected by this Departnent in relation vith the presumed' iletention of the citizen the months ittiiii"t s""t"it" ( c"lr."to Roberto Beausire Alonso), continued between sent to of November o ]9?l+ and 19?5 accorating to the statement of a Note' You? nxcel"Iency's Ministry by the Governnent of the United Kingdoro of Great Britain and Northern Ireland. 2. It is a non-retortabfe fact and fulthernore indisputable, - as explicitly recognized by the United Kingilomr s Note - that on November 2, I97\ the Chilean Republic of Argentina cltizen Guillermo Beausire AloDso travelled to Buenos Aires ' ' from ?udahuel via LAN' fright nunber 126' fhis appears on the enclosed Travel Certificate nunber E-l+032' issued by the Directorate General for Investigations, dated August 26, ]9?5' according to written registered in its Divi;ion for Foreigners a,rrd rnternational Police' In the same".riau.ra" d.ocument is established that GuiUe::mo Beausire Alonso, of Chilean nationality' passport nuller e5l+?8, his re-entering (entrance ) to country is not carries the . ^tl: card recorded and, among otlrer things mentioned, there appears that of his identity nrmber ) . zuo. JUo-Z. according to a denoninated' "Conplenentary Evid'encerr of the 3, In spite of that, the Note referred to in Point 1. of this report, a vitness of Beausirers arrival to d'escribed' Buenos Aires International- Airport on Novenber 2' f97)1' vhom he kne'w, through the loudspeak"t"-, rt. heard hin called and' salt hov he was conducted "how, he was informed tbarsrd. an office of tne Airpori. I,lhen he nade some investigations ' he was by an officer that there *"-" inmigration p"oblen with Beausire and that nlt to wait for himrt; the fact"ot" is that such a circunstance could not have occurred enclo8ed', issued by the Comander General (Retired) since, fron the alocunent Republic Juan Carlos cenovese, National Assistant Director for rrnnigrations of the of .r\rgentine and addressed to lr{r, the Consul Gene?al of Chile in Buenos Aires- M?. Alvaro Droguett d.el Fieruo, it is evident that the Chilean citizen Guillerno Beausire Alonso - duly individualized. - "Enterecl into our country on the day of Novernb er 2, Ij'l)+, qualified as a tourist, transported by LAN-Chi1e.'i )+. The Bxitish Government's Note contains the testinony of Mrs. Maria Stella Dabancens, "who previously kner^, WilLian Beausire by sigtrt", according to which "at the beginning of I9?1" she haal met and spoken to William Beausire in the detention center tvi1la Grinaldi r. .where both had been detained at that tineit. It is pertinent to point out, in the first pface, that the"e exists no d.etention center 'Vi11a Grimal_d.iri, In this place, unseasonably and separately visited by Mr. the Presid.ent of the Most ExceUent Supreme Court as well as by the undersigned Secretary of Justice, there is a quartels of the Directorate of National Intelligence, vhich e.bsolutel_y lacks the possibility to hotd persons under arrest. .At r0ost and in a circrxtrstantial manner, during the lapse of some hours tine, at this place there could eventually be performed. sone prel-ininary eross-exanination of some prisoner before be:'.ng conducted. to the d.etention centers authorized. by Decree 1\6 of the Department of the Interior, or to be set free, in evura^i f^rhr-vr !r +.'vJ -..i +r., r ^.. on the other hand, I consider it inportant to point out ttrat even if Mrs. Maria ste1la Dabancens 'was d.etained- by virtue of the faculties conferred. upon I{is Excellency Mr. the President of the Republic by the political constitution of the State duling the state of siege, that occurred on Novenber 25 -, 19?1+, by Decree m.:nber 500 of ttre Departlaent of the Interiof and at the detention center cal1ed Cuatro Al-amos. Subsequently, by Decree mmber 21BJ d.ated December 31, I97l+, of the Departnent of the Interior, the expulsion from the country of Mfs, Dabancens was ord.ered, vho traveLled on January B, 1975, via Avianca, with destination to Colombia. The previously exposed facts are sufficiently obJective as to subtracr. every merit from this so-ealIed evidence, due to the proved fallacy. 5. As far as the testinony of the Witness B. is concerned, who reports his experiences during the d.etention period at Vil1a Grinatdi betlJeen Decenber 3f, 19?\ and January 3, 1975,I subnit to explanation in the secontl panagraph of the preced.ing point and an able to edat the following tvo renarks: a) The witness asserts that even if he was conveyed to another place of detention - which he d.oes not individualize - on January 3, "he continued seeing 'Boisieret daily during at least seven days", without indicating where, how nor nhen; b) the unlikeliness of the narrative ascri.bed to rBoisieret flows unmi st akably vhen he says he was arrested at the Ezeiza Airport (preceding point 3)1 arrestetl during sone days and returned. to Chile in a niJ-itary airplane. There is no antecedent anlmhere recording the arrival of any Argentine nilits,ry ailplane lrhich cou_ld have transported Seausire during that period (the first fortnight of Novenber, 19?l+) nor, much less, of his re-entering to the country. -208- 6. The witness C. relorts having learned the names of various prison-companioris, while he rvas detained in Vi11a Grimaldi about the niddle of January 1975; one of thenr was ''8i11" Beausire; and that on January l.2.. L975 he was vith and spoke to Beausire "when they were outside for exercises and although with their eyes bandaged". Prescinding from the reference of detention at the place he calls "Vi11a Grinaldi" (point )+, second paragraph) the fact turns out ostensively lndicative that the vitnesses' testification is equivalent to having heard (by hearsay) since he could not see the person to whon he says he spoke nor can he have the certainty as to who it nas and whether it rea11y respond-ed or not to the citizen Beausirel vherefor this sort of a testimony is obviously perishable in opposition to the antecedents previously exposed in the preceding points. 7, The vitness D. reports to have met and spoken to Beausire in the beginning of May, :!975., at the cros s-examination center vhich he ca1]s "Discoteque", adding that he identified l,iiUiam as the person to vhom he spoke, by a photograph provided by his mother, This Lritness provides no antecedent regarding the cireurostances which pernitted the encounter and. conversation at the referred cros s -examination center, nor those vhich permitted the contact r.rith Beausirers rnother and the latterts identification by the photograph which the first one provid.ed. It seems obvious that this so uncomplete and unpreci.se relation has no other objective than that of reinforcing the version of the presumably detained in Buenos Aires and his subsequent secret and sumeptitious tlansfer to Chile' in no way confirmed and, on the other hand, contradicted by the docurnent any antecedents nroaoA i nolrr i hrr^LaA B. The vitness E., even if she deterlrines having shared a ce]1 vith Beausire from about the mid.dle of May until the beginning of July, f975' that is at least one and a half month, her statement is obviously fallacious because it has neYer been permitted in Chile and fess has it been ordered.' that persons of different sexes be maintained under arrest in one same ce1], very much less during such an extended na?i^d ^f l'.irna Thic ffitngss refers that she could not identify the detention center, even if she believed it could be at lrdn street 3037. Now then, the pertinent investigation effected by this Secretary of Staters Office, T can assure Your Excellency that thele exists no center of detention at +1.,a nt a^a i hd i A.l ^a+ 9. Finally, as far as the version supplied by the Beausire farnily integrants is concerned - his mother and his sisters Diana and Juana Francisca - $hen two filst assert having been detained and questioned- in order to establi.sh Mary Ann Beausire's halting pl,ace (living together r,rith Andr6s ?ascal Allende, Head of the MIR (Revolutionary Left Movenent ) vith whom she took refuge in an Enbassy and afterwards they left the country together), such a version obviously appears -209- caused by the referred. eircumstance. This is what clearly cotnes out of Juana Francisca Beausirers sta.tement, in the sense that $hen she lras sheltereal at the ftalian Enbassy, since October, 19?1+, about the niddle of December of the 6ane year she received. three teLephone-ca1ls _-from a person vho did not say who he vas, :bf whon she thought it vas her brother "-:, And she add.s further on: "Mrs. Seausire thought that those carrs were made froh the prison und.er pressure, in ord.er to persuade her to divul,ge infornation regarding hlr sister and pascalr', under these circumstances, it is possibl-e to understand that the reference !o "having heard and having a brief vision of WiDian, while they vere und.er detention" is tinged. arith a marked and evid.ent subJectivism which d.oes not pemit to concede them any probatory rnerit, r0. cONCr,usrON: rn opposition to what the British Government's Note asserts which glves a reason for the present report in the sense that teven if there are aloubts vhich could be controvertible alue to the euthenticity or truthfulness of any individual testimony or due to a point of detail , taken as a sole entirety of several statements ' they erect an innense mass of evidence, which, at the jud.gement of Her l.{ajestyrs Government, can vi"tual_Iy leave no aloubt as to that William Beausire was effectivel-y placed under arrest between the previously state4 dates (November, I9?4 and Juty, fr7:-)", - the subscribing secretary of Justice concludes that neither separately considered nor jointly, the cited evid.ences analized in the preceding numbers, lessen the unobjectitnable nerit of the documentary antecedents encLosed, enanating fron official- chiLean and Argentine authorities, in the sense that the chilean citizen Guillermo Beausire Al-onso not onl-y tTavelled to the Argentine Republic from pudahuel via Id-li-cHrLE, fLight nnmber l-26 on the date of Novenber Z, Ig7\ and entered into that country as a tourist, without there existing a valid proof - not even of a presr:nptive nature - which woul-d perrnit to assert that he left Argentine and re-entered chile on the dates expressed by the British Government. r' -210- ANNEX NWI Statement on ttre detention of Neltton Morales Saavedra foriginat: SpanishT Santiago, I February f977. "I"iy name is Regina de1 Carmen Saaved.ra de1 Campo, housewife, Chileanr widowed' identity card 3,035,1169, of Sartiago, residing at ... "on l-3 August I97l+, at 12.30 p.m., tvo civilians, accompanied by a voman who appeared. to be a detainee, cane to the house where I was living at the tirne, Villa tr'rei, i{ufloa' Santiago' They asked for ny son, NEI{TOI'I I4ORAI,ES SMVEDBA, l+O years o1d at that ti$e, single, identity card, 2,920'768-2' ot Santiago. lly son had. retired fron the Chilean Navy ard up to the date of ttre nilitary coup of 11 Septenber 19?3 ne worked as an electrician in the potyester plant of the rrg*r""tr Textile Factory. After that he worked as foreman on a construction Job. Since he was not in" they arranged to return later, saying they rrere friend's of his. "At 9.L5 p.m., three civilians returned, including the two who had been there earlier, Two of theru rlere about \O years old and tlie third about 27' They again asked for my son, sti1l saying they were friends of his' i'Ihen ny son appeared, they arrested him" without showing any warrant or identification' I myself lras a witness of what happened. I4y son r.ras put into a red van, the licence nr.rmber of which 1 could not see because it was dark. t'On the advice of lawyers from the Pro Paz conmittee, T applied for action for enforcement of rights (amparo) for rny son, dated 16 August, which was plocessed under No. 932 and. fi.naUy rejecieA by the Court of Appeal and the Supreme Court' the t{inister of fnternal Affairs denying that ny son had been d.etained - in spite of my testimony as an eye-vitness of the facts, and without the couf'ts having exercised the options granted them by 1aw for such cases' the principal- one being to ord.er that the detainee be brought before them - thabeas corpusr - which has existed in the legislations of civifized countries since the l- 3ttj century. The dossier iras referred to the criminaf court, and. the nighth Supelior Criminal Court began an investigation into the disappearance of my son and any crines committed against him, (file lto, II ,225). "In April Ig75 r went to the Social Security Office of the Department of National Defence, where" my son had been receiving a Navy retirement pension, vhich f was authorized. to draw. The authorization had expired, and I requested that they continue paying the pension, inasmuch as my son had been arrested and I did not know his r^rhereabouts, The person in charge at the Socia] Seculity office gave ne a letter addressed to the Head of the rTres Alamost Detention Csmp, requestinf! that ny son sign a lower of attorney authorizing me to continue to drav his pension. The text of the letter stated that my son rnas probably in the t cuatro Alamos r csmp for persons held inconnunicado. 1,.. -ztI- tton the same day" heartened. by this first ner.rs r ha. received concerning the vhereabouts of Newton Moral-es, rTres f went to the Alamos, Camp, where f was receiveal by the head of the--camp. Fe agreed., in pr:.ncip:,e, sign a power of that my son should attorney. He vent into'an .d.Solning roon where he began to dictate a l-etter to sonLbod.y u typ"""iiuil''r l-etter: "t heard. the beginning of the 'I, Isewton Mora-Ies saavearl', ,;;t;;i". my"ru"try nother, Doffa Regina de1 carnen saavedra a"r i"*p"l-i"-i"..n At that point, -rrr"".ry pension on ny behalf ...r. the d.ictation int"".i.pi"o, was a heated discussi.on in the next room" which other persons""" had just entered. Then, the head of the camp returned to where r vas and told ne ttrai tre coutd not do what rre rral fromisea rne. But he did say I could bring rny son any when.r toilei-articles'""" -iry he might need any tine, left his office,.r-coura son wearing dark glasses ""tu"riy at the end. of the corridor, and looking ratner" reirrarirc - He did. not give any sign recognizing rne a.d r was of unable to go nes.r him since he was a rirrg-or*y'orr. IIe seemed. to have a bandage under his llasses. 'iAt various times after that interview, r vent to the ce'. entr.ance to bring parcels vith toilet articl_es for ray son. rrr.y .,nur" ;;";;;.;;; in"-*"""o", later returned to ne aft o", ,,there was oo f.,"o;T::*:ff:"t-3;:.i;li:l;., they asked ne to",.,"r, rin i"Xi".;:;.::::i{J.*$,::::"r", r^'ait case the detainee had to be given sornething e1se .. ttrn view of ar-1 these facts, it seems obvious that my son was being dets.ined. on that date either at rTres A1a*os r or Alanos'. the person 'cuatro This was admiitea ty in charge at the sociar security office cf the l4inistry of National Defence, by the head of the camp, ana by the c arnp guaras, Moreover, I SAII HII..I YYSI-T. ,Nevertheless, they have continired. to a.ny that he is being detained., and to this day r do not know the whereabouts of Newton Morales befa.Llen hin. and. 'hat fate has "f tol-d all this to-lhe of the Eighth oourt, who r^rith the court of.Appeal itself-orderea{udc9 the support of r that r,ieuiei..rt .ro"e llanso Dur6n, tir" head of the 'cuatro Atamos ga-I,, vhich ;;;;;" Directorate "t'-tn.t rntell.igence (DrNA), the of National should be summoned to make a statement. To date, he has not appeared in spite of the numerous citations issued by the Court ..." ANNEX TXVrI ,:- . I OT].ginal: Speni sh/ I, Berta &Lena Laporte del Solar, Chilean Passport No. 001l+57, series 833?5, issueil in Sentiago d.e chile, declsle as follows: When these event s took place' I was living vith ny invalid busband and ny eldexly nother in Call-e Warren Smith 8r Department l-r Santiago de Chile. Tovard's the end of July L976, a frienat brought her friend Rosa Elena Mora.les Mora-les to or.lr home snd esked us to Let her stay until some problems in the house vhere she was renting a room had been settled, so that she could look more peacefully for a pefman@t home. We a€reed to this request and on 15 August Miss Morales asked me to go *ittt her to her fonner dwelling to pick uP some personal effects, as she had atready arfarlged by telephone the Previous alay. At ? p.n. '\'te welt to a house, No. 11035, Calte Lord. Coehrane, where we vere received. by Mrs. Marfa Gal-az, as Miss Moral-es cafle(l her. I reaineal seatect in the entrance ha1l aJld they went into a roon where they had a long conversation. During tbis tine, a man vho came out of the room made two sbort telephone calls. Finally at the lequest of Miss l4orales t I went out to look for a taxi and when it came we loaded it vith the things. soon afber leavingr Ithen ve had hardly turned the first street cornerr 'we vere stopped by a xed car. Ttrree indjviduaJ.s got out and forced us into their car' Then we nere ha.Edcuffed. antt blindfotded vhile they transfelred the things frora the taxi to their own car. Ihe one rho seemed to be in charge of the gloup ordered another I'to explain things to the taxi driver'i and then asked. him if he had changed. the plate, to whiclr the otber repl-ied. in the affirnative. In these conditions we set orr at a fast pace, harrassed. vith every kincl of mockery and. threat' while tr,ro of then rumaged in our handbags. After a Journey of about 1! rninutes, ve came to wtrat was to be our place of detebtion. It seemed. to ne that an iron gate was opened and we ltere t aken sJ.ong a gravel path. I could beaa the barking of d-ogs, and in the tlistance there was a noise of motor traffic, so we thought we must be not far from of importance a main road. someone asked. our captors if they had found anlthingtt ' to whicb one of them repliett vith an obscenity: ttSheer ... I remained seated in a corridor a.nd ro;r conpanion was taken inside. At first I cou-ld hear her screalns' but gradually ttiese ceasid and I know nothing of llbat has happened to her since then' r was admonishetl to tefl the truth, with the threat that if r did not f woui"d be sent tO ttzuchulcavitt. There r+as not nuch that I could tel1. They then asked- about our affairs and roy husbandt s identity. Ior a moment, the bandage over my eyes dropped. stightl,y and I caugbt a gliropse of what seemed to be a red wall ard part of a vhite viadov freme, but this was noticed later and they tightened the bandage. After what seemed to ne about four hours of imprisonment, I was told that T must take tbe kidnappers to nlr home so that they coufd take avay all the personal belongings of l4iss Morales. My handbag was hended back to ne vith all uy Fapers but uot the &oney, as I found. later. we vent back to tbe car and after a 1itt1e vay they took the barrtiage from ny eyes. I took thern into my flat. My nother was sleeping and I tol-d qy husband that Miss Mora-les had decided to nrove and that these lnen had come for her things. they set to rork very qui ck].y arld in ny presence. They vere looking eegerly for a pocket book and said ths.t ttre whore house woul-d have to be thoroughly searched if it did not turn up. ft was found.. Then they deeid.ed to look through the books and the rough way they haldi-ed ther. brought ny husbantl on the scene; he vas present during the finaL siages of the proceed.ings and thought it was a housebreaking. one of thera looked at the cover of a book, which rrfieniniscences vas entitl"ecl sonething like of a cuban lJoman r, and said that such books ought not to be found. rrTtrey in any chilean house, to which the other replied that cenrt nake us change our idlas.tt The book in question expressed the views of a wona'' who vas opposed. to the cuban r6gine. They decicled lo keep for tbenseLves a book by I Fl-orencia varas on the chil_ean ceneral Roberto vi aux fron Miss Morares orrn bookshelves. Finally, when they had r-oaded the car lrith Miss Morales I crothes' ewer-lery rrhigherJ and. other personar- effects, they said they lrould be coning back vhen authority'r had been abre to o.,r" position. Sefore leavingn one of then I'etumed. to tel-1 me that if sryone"oniid""- asked ior Miss Morales r r was to ter-r then that she had gone and. that we did not kno* her wbereabouts. There arould be unpleasaat corr".qrr.n"u" i.f n,e did not follotr those instructions. They did not come back. rtre nert dsy a lran who said he vas a friend of her b"other csme to ask I about her; we told him what had happened. sone days later' Miss Morales sister arrived, and. she, as a member of the famiry, stalted proceedings for amparo. so far as r was concerned, the tbreats a'd stress affected. ny nervous sysrem Bo that r vas not in any cond.ition to testiflr personally as to the acts complained of. Later, ny husband decided on his ovn account on 28 February f9T? to nake a svo"o state*ent et the vicarla de r,a solidaridad in santiago, setting out the above facts in support of the application for a:nparo referred to. r have aow, in rtaly, nade this direct staternent of the facts with a vi.ev to finding out where the missing woman is ard identifying the persons responsible for these acts of kidnapping and thefb. (Signed) Berba Laport e -21r+ - ANNEX XJflTTII ,:. . . /ur]'g1nat: upan].sn/-'7 A, "f an the nother of a young daughter, a Chil-ean citizen, whose photograph and other document s are attached, and who has been imprisonerl since 6 August 19?l+ anal is stilf regarded as a nissing person, her inpri sonnent never having been adnitted. "The acts referred to took place on the day indicated, vhen a group consisting of three men end a rroman arrived. at rqr house and. inmediately arrested ny daughter, sone ten minutes after she had opened the aloor to them, I,lhile she was speaking to thern, a mrrse arrived to attend. to 4r husband., vho had earfier suffered. s. heart attack. I did not notj.ce what was happening at the tirne o anal neve' iDagined that those persons nere fYom DINA, or that they were arresting her. She had to go as she r,ras and I have never seen her again. "f have learnt that she lras subsequently taken to the house of her cousin, Maria Isabel- Eyzaguirre Andreo1i, vhoxn they were looking for and. did not find, They rernained at her cousinrs house for three days, avaiting her, and then decided to arrest her uncl-e, Enrique E\rzaguirre Sal-as, and tt Rina Xiroena Eyzaguire Andreoli " . . B. "I, the undersigned, ETika Cecilia HEIvNIIIGS CEPDA, aged 2h years, narrietl, vith one daughter, of Franco-Chilean nationality; identity card 6.1+95.fb2 SAIEIfAGo and 1U.716 FRANCX, decl-are upon oath the following: "1" That on 3I July 19?l+, I vas arrested and taken for interrogation to the prenises situated. at No. 38 Ca1le cle Iondres, SANTIAGo DE CHILE. f renained there unt i1 16 August 1974, on which d.ate I was transferred to the secret prisoners bl-ock 13 at the Alamosr camp. "2" That r'rhi1e detained at 38 Cal1e de Londres in SANTTAGo, T vitnessed the arrival there, as a prisoner, of l,{aria Ang6l-ica ANDRSoLI, on 5 August 191h. Fro]tr that day on, T renained close to her a,nd was able to converse r{ith her and to sleep near her, Murie DOCI{ENDORFF and other female prisoners. "Maria Ang6lica was called 'Pininar by the persorme] of DINA since she was srnall ..." C. "Deposition of Don INFIQUE EYZAGUInnE SALAS, rnarried, donicifed at l4ontenegro 1)+90 de ftufioa, C.I. 1\28183 de Santiago; I'On J August lpll+, at 3 a.n., there arrived at my hone, Ir{ont enegro 1)+90, a group of civi.l-ians who identified themselves verb a-l].y as nellbers of the Mil-itary Intelligence Serviee and entered. rry house, having with them ny niece, l4ARrA ANGELTCA ANDREor,r BR,{vo single aged, 27 years, rry ' , a secreta"y; they asked for daughter I4ARTA ISABEL EYznCUflnr .UilniOlf 2? y.."", single, doniciled s''ne address as , at the nyself; as she \.:as not tbere at that tine, ny house was left under the surveillance of a g?o up of plain clothes officers until i,riaay, ^uarrisr. "0n that occasion she was frightened; the offlciafs service toLd of the Intelligence ne that she was und.er arrest, for being linked vith extrerni-st activities . . .." -tro- A}INEX XXIX Missin€! persons seen in detention in Chile during The following reflects some of the testinony receivetl by the Group July 19?T concerning nissing persons seen in detention in Chile' A. Testinony of Christian Van Yurick /0riginal: Engl-ish/SPani sh/ LAST TII,IE IIEN PLACE *Arturo Stalin Penaloza Aguilera August 19?4 4 Alanos Alvarado Borgel JuLy 1974 Londxes Maria In6s l+ (P. 13) Jorge Elias Adronico Ant equeras Septenber ]974 Ate.mos c--+ 'l Q7l.t )r Alamos ( p. t3 ) Juan caJ].os Adronico Antequeras -n.l.'ar ]J/ *Arturo Barria Araneda Septenxber 19?4 4 Alar4os lts. Jaqueline Binfa Contreras Septenber 1974 Jos-e Dgo ' Caflas *Sonia Ju].y 1P?4 Londres Bustos Reyes Grinaldi Jaine luzio Lorca JuJ.y 197)r l,ondres and Contreras Gonzalez Ju]-y 1974 Londres Abundio A, and Gri:nafali B. Chanfreau OYerce JuJy and August 19?4 Londres Alfonso and Muriel Dockend.orf July and August 19?4 Londres and Septenber to lr Alamos ]5 October l-974 l+ Jaqueline DrouUY November 19?)+ Al-amos Martin Elguet a Ju1y and August 1974 Londres 4 Alanos Carlos Gaj ardo Wold September to 15 October 1974 Nestor Alfonso Gallardo September to 4 A].a.lros l-5 October 19?4 Maximo Guedda July 19Th Londres )+ *Eern6n Galo September l-974 Alamos Artemio Segundo Gutierrez July 1974 l,ondres Joel Huilquinir 1? Sept enber L9T4 4 Ala.tnos *Violeta Lopez Ju].Y I97)+ Londres Arief Martin Salinas Septenber to l+ A]-amos 15 October 1974 Nea'ton Moral"es Aueust 1971+ Londres *Gerrnan }4oreno Awust 19?4 \ Alsmos Ca.flas and Vicente Pal-orninos September-October 1974 Jos-e Dgo ' , l+ Alamos )+ Marcel"o Salinas November 1974 Al-amos or * Persons whose names fiere trea,rd arhen they rtere ca11ed for interrogation transfer to another Place ' _2r7 _ LAST TIME SES{ PLACE David Silbeman Septenber }!fl+ 4 TeobaLdo Tello Alanos August anal Jos6 Dgo. Caias Sept enber 1pJ)+, oleo. ln #Sergio Tormen July 1974 Lond.res Barbara Uribe July 1971+ and Londres arld Septenber 1!J\ Jos6 Dgo. Caiias Alvaro Modesto Val1ejos July 197\ Lonalres Edwin Van Yurlk July lPJl+ anct Londres and Septenler 1pJ4 Jos6 Dgo, Caflas Hector Callet ano Septenrber f974 an * Testirnony received from more thsn one witness' a/ For the observations of the Government of Chile see annex )0(X ' 4NNEX ]OO( Note yerbale dated 12 4ugust fplT fron the pernanent Mission of Chile to .the ltaito /urrglnaJ: upan].sh/ The Permanent }4ission of Chile to the United Nations Office and. other intensationaL organizations rrith head.quarters at Genevs. pvesents its compri.nents to the chairna, of the Ad Hoc rlorking Gr.up of the united Nations cornrnission on Hunan Rights and has thE-lii-our to transrnii, through this note, its ans!,'er to various questions put to representatives of the Governnent of chile dr:rj n' t-hc neetings held w-ith the Group on 26 ,luJ_y at Geneva. During the above-mentioned rneetings, the representatives of the Gover's.ent of chile invited the lrorking Group to put questions to thenx on generel or specific situations that the croup nigrrt wistr to cririty as a result of orat or written testimony recently subrnitted to. it in caracas, riev york ard Geneva. Ttre rlorking Group having a€reed to this proposal, the representatives of chile vere asked. to prowi tle inforraation and clarification conceriing the following questions: The 1' heaLth situation in chi1e, inasmuch as the Group hacr been inforned. that the vast majority of the Chil-ean population vas erperiencing problens in this fie1d. oving to the red.uetion in the Government's budgetary aliocation for healtb. 2, The infant nutrition situation in Chile, inasmuch as various witnesses had dra"n the Group's attention to a groving probr-u. of in fant qalnutrition in recent years as a resu-lt of the difficu.lt economic situation through vhich the chilean population was passing. 3. fhe situation of o1d people in Chile, inasmuch as the c"oup bad been tolti tilat as a result of the countryrs econonic situation, o1d peopie found themselves in diffi' cutt circr.:mstances. l+' The situation with respect to the issue of passports in chi1e, inasmuch as the Group stated. that bad been issued receitty- bearing the siamp "v61ido e61o para salir deI pafs".-passports 5. leasons for fibich the Suprene Court of Justice hatt reJected a request by the Viearia de 1a Sol-id.aridad for the appointnent of a special- wisiting Suage to inquire into the situation of 31T persons who had atlegedly aisappeaiea. 6. ..Situation-of the press and. conmunication nedia in Chile since, accordin€ to testinony subn:itted to the Group, the covern!0ent of chile had. recently intensified its activities in this fieJ"d, as shown by the cl-osing d.ovn of "Radio 6a1nsceda". 7 ' rnfornation re]-ating to certain indjvid.uals who hed aJ.legedly disappeared. and -22Q- places vho bad been seeno according to witnesses testifying before the Group' in of detention. the Although the representative of the Government of Chile replied during questions asked, we wish, thvough this note' to corroborate and neetings to the which the ampLify the infornation given so that it nay be on record in the aeport Cro,rp is to subnxit to thJ General Assembly at its thirty-second session' I. Heal-th s itl.e.tion On innurnerabl-e occasions the Chilean Goverrlroent has dravn attention in various foruns of the cost to Chile of the e:rperience of the 19?0-1973 adninistration, estinated at sone $tt lil1ion, and to the consequent inpoverishnent of all Chil-eans, estinated at some 25 per cent' been a decline in the fiscaf contributions to tbe The resul-t of this has to national budget for every sector' including heal-th' We refer specificallv bec"ause the buclget for each sector is established on the fisca] cont"ibutions kinds of basis not only of the fiscal contributions but also of private and other contributions. This is vhat is happening in the health field in whieh' while there bas been a sma]-].er fiscaf .ootribution for the reasons stated' the contribution from the social security fllItd and' other special resources available to the Ministry of Health has increased' following a serious At the s alle time, however, the Government became aware, which and. thorough study, of a consid.erable nurnbel of short -comings in this field physical and were resulting in an inJudicious use of the existing resources' both human. As a result, a neff health poliey has been drawn up and is nov being zation of the existing systems and a more implernented, involving the oecentrali in rational use of resources all of whi ch is bring-ing about a distinct improvement healtlr services for the entire Chilean population' In ortler to provide fu11er inforroation on this subJect' the folloving are attached: 1. Article on the decentrali zation of the health services' published in the nevspaper lllprcglio- of 19 June 197?. in health" ?. Editorial in llye.lg4e of l-9 June 19?7 entitled "Freedorn ' 3' Article published in E1 Meqcurio of 8 Jufy 19?? entitled "senior besrth service officia.ls meet in santGgo"-. 4: Articl-e published in El- l.{ercurio of ? Jl)Ile 197? entitLed "Health authorities discuss health policy vltfr uni,rErsity staffr. 5. Statenent by the l4inister of Heal_th on the Governnent r contained s health policy in an article which appeared in n1 Mersuliq of 1g June tSZ? "Tariffs in curative rnedicine',. "ntltf"a 6. Copy the of statement made by the Deluty l.{inister of Iiealth of Chile at the thirtieth liorld Health Assembl-y, Cer,r.,ra, i9?'T, T' surnary of the statement mad.e by the representaiive of at the thirty-first chile in the Third "col'rni-ttee session of the unitoa $*tions Geners-l As senbly, Itrew York, October 19 ??. II" Tnfant nutrition infant norbaJity is taken that as an indicator of mefnutrition, the efforts are being nade and the successes that are being achieved by our current por-icy in this field wil-l be clear frora the following statistics. A comparison of infant nortality rates between f9?f and 19?5 gives the following resul-ts: 'I 07l 77.3 inrant n:ortat_ity per 1,OOO births 1()72 7U.0 :r f 7973 7f .5 '' rl r rr It ]'97]4 69 tr rt rt 'I "1+ O?q 60.B fi ir r9T6 5r.I+ rr r? fi rl As various publieations and studies have shor,m, chile is in the forefront of research on infant nutrition and has achieved an increase both value of nilk in the protein and in the quantity of rnilk clistributed to. infants aged up to , years, which has risen during the past v""" rr"r g-riiiio" to rl+ mirlion iiio!i".". Research is ratdertaken by the Institute of Nutrition and Food the Technolosr of university of chile (one of the worl.'s four leading centres in this fieLd, in which it.has been designated as the seat of institutional the united frations university), ,i ir. oolicy is inprernented. through tne $ational corporation ( colrpau ) una the Corporation for Child Nutrition (COftflf). Lastly, it should be noted. that betueen additional 19?? end l9go, CONfN witl be at].gcated funds amounting to $5,81B"OOO to enable it to frelp in solv_i.ng the nutrition problem throu€h a national- netwotk of 29 centres. By way of further infornation on Chilean nutrition policy, r^re append. the folloving doeuments. 1. Article published in El l.{ercurio of I Juty ISZT entitled at the fore front of nutrition poli"vn.- "Chile -222- 2' Article pubtished in El Mercu4lq of 2l+ May 1977 entitled "centre to be set up for the reiabil-itatio" o?-roraefro"ri she d children" ' 3. Article published. in E1 Mercurio of 2 June 19?? entitled "3xtra $5,818'Q00 to combat rnaf,nutrition". \, Article published in El I'{ercurio of 10 JuIy 19?? entitled "tr'ood^ ard population problems". 5. Article pubrished in El Mercurio of 19 July 19?? entitled "Private citizens against n"1""#ITIon^ . o"g*ri"u ".tptigtt 6, Article publi.shed in El' Mercurio entitled "$25 n;llion food agreenent \'Iith unlted urales . 7, staten€nt by the representative of Chile in the Third Cornndttee of the General Assenbly of the United Nations, New York, Novenber 1977' B. Study prepared. by the Nationsl council for Food ancl Nutrition of the Ministry tr g.tftit of Chife, entitled "Background and actions for a national food and nutrition policY". written by g. Book entitled "Chechmate to underdeveLopnent" of Dr. tr'ernando l{oncheberg' Director, lnstitute of Nutrition and lood Technol-otxr the University of Chi1e, distribuied in the Third Cornittee at the thirtv-first session of the Ceneral e"*"tlfy of the United Nations, Nev York' 1976' 10, Articfe published in EI plercurio of 1"6 Jrme f9?T entitled "Chilean r:niversity unIGa -tl"tions UniversitY". institute desi gnated seat "t l-]. Statistics, by regions, of infant nortality rates in Chile bet'ween 1970 and r97r. ITI . Si.tuation of the elderlY During the current year' the Nationat Institute of Statistics has carried out a stuff on the denographic cornposition of the Chilean pgFufation ' from which out or a iotal estimated population of ;.0.65r,757 in 19??' it energes that, the approximately 5.5 per cent are aged 65 y.u.""- ot ot'e"' The composition of population aged 65 or ove? is as fol3.ows: 221"554 pexsons are aged between 65 and 59 Years rl ir r rr ard 7l+ years 15\,61+2 ,1 ?O l-oo,5\1 i' tr rf 75 af,1d 79 years 't'(,873 rr tr Bo years or over. is The above figures indicate that the proportion of elderly people in chile reratively lolr: ipproxinately 5'5 per it a person agecl 65-or over is considered elderly; tpp"o*irn"i"iy 3 per""nt cent if J person aged ?0 or over is -223- considered el-der1y; and approxinately 1.7 per cent if a person agetl ?5 or over is considered elderly. This neans that, if there were any problem releting to the eld.erl-y in Chile - vhich is not the case - it .r.roulil not be alarrning in its extent, given the lov percente.ge of elderl-y persons within the total- popuLation of Chile. No such a problern in fact exists, as is apparent fron a stuqy underta.ken by the sane Institute entitl-ed. '?Demographic sJrd socio-economic charact€ristics of the elderly'r, which shows tbat, anong elder.Ly mal.es, appro*inately 80.\ per cent give up their econonic activity as a resuJ-t of retirenent ( covered. by social security) and 7.3 per cent because of sickness (a1so covered by social security arrangements). It sboul-d also be pointed out that, in ord.er to solve any problerns that night arise for this sector of the population, there is in Chile an organization knovn as the r?National Corm,ission for the Protection of the Eltlerl"y" and that a aumber of rest homes have recently been established.. 'l'Ie append the follolring docrrments on this subJect. 1. Statistical tabfes on the Chilean populati on by sex and age up to 1977. 2 Ar+ia'lo nrr}jlicha^ in El t{ercuri o of 20 Jlnre 19?7 entitled "Denographic statistics on the elderly'r. 3. Article publisbed in El l.,lercurio of B Jwle 19?7 entitled "Discussion on the elderly and their probtensil-- rv. v a_Lloos soro sa].ir de1 Valid Ccparture fron thc coLnt As the llorking croup was duty inforned, in Septenber 19?6 the Government of Chile instructed its consular yepresentatives to iasue a new passport to all Chilean applica,nts holding a ps.ssport stanped with the words I'Valj.d only for depa"tr.Be from the cor:ntry" , This instruction vas repeated by the Governlnent in January 19?7, as the Working Group was informed in alocument E/CN. )+/].2h?/Add.1. Subsequentlyo at a neeting of the Working Group helal on l-B ttay L9?T' vhich was attended by representatives of the Governeent of Chile, Ambassador l,{anuel Trucco stated that the issue snd delivery of passports which d.icl not bear the'wo?ils I'Valid. only for departure from the countrytt had continuetl without probfens or exceptions ' l,uis Corval6n, for exanpLe, had received his passport innediately on appLying for it at tbe Chilea.n consulate in Rone on 3 March 19??. The Government of Chile wishes to inforn the Group once again that' if any person boLd.s a passport bearing the words I'Valid. only for departure frorn the country", he has only to apply at any Chileao consufate in orcler to obtain a new passport which does rrot bear these words. V. Reasons Lrhy the Supreme Cou.r.t of Justice reJected. the request for the alpointrent of a fisitins .iud€e The Plenum of the Sup"eme Court of Justice. bv a decision banded dovn on Friciay, 1l+ October 1976, rejected the petition sut;ittea by the Vicaria de Ia Solidari.dad in which it asked the Suprene Court of Chile to appoint a special visiting judge to investigate the alteged disappearance of 31? persons. It sbould- be noted. that the institution of "special investigations" (visitas extraordinarias ) is provjded for in articles 559 et seq. of the Organic Code cf Courts; such investigations are in order, inter alia, vhen it is necessary to investigate met-.ers bearing on the conduct of j or when therc is a sipgrificant delay in dealing vith matters submitted. fo" their"dg"" attention. ln its decision, the Supreme Court stated that the proceedings relating to disappearalces instituted in various crirninal courts bore witness to the di.Ligence aJrd cons ci entiousnes s of the Judg,es, who, moreover, are under the direct superrrision of the regular visiting Judges of the Appesls Cou"t of Santiago, The Court added that 38 of the uersons alleaed to be nissine had been found to be living freely in their respective homes 1 11 hid been arrested under the state of siege; while 3 had been dealt vith by nilitary cou"ts and 3 by ordinary courts as being conmon erininels. Later in its decision, the Cor,rrt stated that in nany cases, whieh it cited, na.rnes were repeated., with the result that the number of all-eged. 'rmissing personstt had been swo1len. Lastly, in ord.er to appreciate the significance of the d.ecision, careful attentioh must be given to the Suprene Court's reasons in refusing to appoint a special visiting Judge. In the words rrinvesti of the decision" the Sunrene Cou::t consi.d.ered that the gations were being carriei out saiis factorily" by the conpetent courts €nd that it was therefore not necessary to appoint a special visiting Judge. Thus, the Court did not refuse to carry out investigations, but considered that investigations were being carried out satis factorily and that it is therefore not necessary to accede to the r€quest, We append to this note a copy of the decision by the Supreme Couxt of Justice. VI. Situation of the cormrxrici&l-gls igdia Vlithi.n the contert of the state of emergency vhich exists in Chile" the commurrications rnedia enJoy wide fYeedon, as is apparent from a sinple perusal of the various periodicals ard newspapers or from listening to the radio and television prograffmes . This is conclusively borne out by the public discussions in nagaaines and nevspapers and on the radio and television concerning valious aspects of the situation of Chil_e, in vhich Chileans of the nost diverse denrocratic leanings participate, The closing-doxn of Radio Ballaceda was ord.ered. on the basis of Legislative Decree No. L697 ot 12 March f9??, r*'hich dissolved the political parties, a,nnu].].ecl their Juridical personality af,)d ordered their property to be dea]"t vitfr in the nanner provided for in their statutes (nadio Salmaceda was owned- by the Christian Detnocrat Party). We append a copy of the Suprene Courtrs decision. Situation of some rnis some witnes s estt fhe Ad Hoc l{orking Group' througb one of its nembers requested fulther in forrnati on on the situation of the iollowing persons: Jorge' Fuentes A1arc6n, Ariel l{artin SaLinas Argomealo, David Silberrcn, Jorge Elias Andr6nico Antequera, Juan Carlos Andr6nico Antequera, Al-fredo Garcia Vega, Fabi6l lbarra, A11€r Brucen ArieL Mancilla and Atfred.o BoJas casta.fieda. This additional information was requested because, as the representatives of the Government of Chile l^tere infoflmedt ]raiious witnesses had stated that to their knowledge the persons in question had been detained in Chile. The Govelrrment of chile is able to give the following information on the above-nentioned persons. Jorge f'uentes Alarc6n As the Division of Hr]man Ri8hts has repeatedfy been inforn€d in a nDmber of notes, this person has not beeh detained in Chife. Moreover as the Cornnission on lluman Rights rqas inforned in docurent E/cN,\/I2\7/Add..1,' page 51, an order forbidding him to leave the comtry was issued by the public prosecutor of Aotofagasta because of his participation in criminal acts investi.gated under case llo. \03/13. According to press lceports, he secretly left the country' with a Costa Rican passport in the name of IIOLdarSe Ledesna DurieJ-, and has been detained- in Paraguay. 'Ihe latter report appears to have been confiTmed by Gladys Diaz, vho testified before the Group, in a press interview published in the periodical L'ExpIeEg of zu-zo lecemDer _Ly I o. ftre Govemnent of Ctrile is at present taking steps to obtain further in formati on on the matter. As soon as this infornation is received' the GoverYlrnent will corul:nicate it to the Division of Hunlan Rights and the Ad geq l,Iorking Group. In any case, the facts reported" conc].usi.vely re fute the allegation that Jorae Tsaac !'uentes Alarc6n has been seen in a place of detention in Chi]-e ' -110- Davi d Silberrna1 Ihe second nilitary district of S€ntiago carried out a Judicial investigation of his disappearance. 0n 2 Septeniber l976, it ortlereil proceed.ings to be discontinued on the grounds that it lras not conclusively provett that an offence haal been conndtted. in connexion with the events vhicb had caused the proceedings to te instituted. The JudiciaL investigation rras c€rried out und.er case llo. 1053-?\. Al-fredo Ro.Ers gg!_tgleda This pcrson was arrestecl on 1\ l4arch 1975 and released. on 26 March of the sarf,e year und.er Decree (Decreto Exento) No. 933 of the sa.lle date. It is there fore pfobable that between tbe above-nentioned dates he vas seen by persons rrho vere tletained. with him, Fabi 6n Enriq,ue Ib arra Cordova this lerson vas detained. in Varlaraiso in 1975 and subsequently releasetl. 4lf 9n _Robeqt o.-Pl!ge _qg& a1ft t this person used. to work in the Mir:aieipal. lmployees i Social Security Funtt in Santiago. His present vhereabouts are unknoLn. It should. be placed on record. that Mr. Bruce has not been iletained. in Chile. hodolfo Ariel l,,E{rci4e lanirez this person has not been arrested and no order r€fating to him has been issueal by Judicial or security authorities. -Ei_Laas AnorDnrco The Government of ChiLe has no infornation ia addition to that alreaQr supplied, and. once again reiterates that the above-rnentioned persons have not beea detained by Chilean Judicial or security authorities, tr{e are endeavouring to obta:in further inforrnation on al1 the cases nentioned., especially those in which proceetlings on the ground.s of disappearance have been instituted. in the cola5retent Criminal Courts. As soon as we obtain any further inforaation, $e shall- transroit it to the Division of Hunar Ris,hts and the Ad. I{oc I,Iorking Group. In ad.dition, as the Group vill b€ aware fro!tr the various reports whi ch it has received fron the Government of C?rile, al1 the cases nentioned in its notes of 2? Jufy and I August are incl-ufud in the list handed over by the International- Connittee of the Red Cross to the Presid.ent of Chile. A full- investigation is being carried out conceming the nalles on this 1j.st and the lreliEinary resu]ts have aheady bee! conmulicated both to the International Co@ittee of the Red Cross and to the Working Group. The Governnent of Chile wishes to drai'r the attentim of the trIorking Group to a number of questions which have been raiseal atld vhich relate to technical problens, such as the econondc, nutrition and. health situation in Chile - problerns thich perhaps not strictly relevent to an analysis of the so-called "Irresent situation"re of humsn riglrts in ChiLe", In this connexion, it should be noted that interested persons or bodies frequently Ltlduce arguments that could not be used in specialized technical bodies" vhich are perfectly wel-]" inforrned of the !0atters vithin theil sphere of corpetence. Without preJudice to the information that nay be suppliett by the Government of Ctrile, there are internationd,l- orgenizations such as the Internati onaf Monetary Fund, UNICEF (vhich has its regioaal head.quarbers" in Santiago) and !1H0, which possess a]l the d.ata and Btatistics necessary in order to be able to compare and evaluate the resul-ts of ali fferent policies adopteA at different tines and to reJect superficiat judgenents whose sole purpose is to attract attention by neans of a nisl^eading approach ard inaccurate data. The Pemerent Mission of ghile reiterates to the Chai ruan of the Ad IIoc Working Group its villingness to supply such infolnation as he may require for the rnore efficieat ful-fiLnent of the Grouprs msndate, and truats that tbe inforrnation containeci in this note and the annexes thereto v"il1 be duly reffected in the reporb vhi ch the G"oup is to subuit to the General Assenibly of the United llations at its thirty-second session. -228- ANNEX x)Ofi Gustavo Hr:mberto Castro Hurtad.o /Ori5ina1: Span i sh-/ I am the rrid o',r of GUSIAVO HUI4BXRTO CASTRO HUBTADO, 5\ years of age, identity card. No. 1583213 issued. in Saatiago, a cooper by occupation, wtio voufa appear to have been assassinated on 1\ Septerrb er I9T 5 by the Military covernment in Chile simply because he was in sympathy with the Constitutional Government of Salvador A11ende. On 3 September 1975 ny house \^'as " broken into around. 2.30 in the norning by a group of 1l men in plain clothes armed. with subnachine guns arld. wearing ponchos, some hood.ed and- others with their faces daubed lrith soot. we rere to all intents aJrd purposes raided, and ny husband. rras taken avay to an unknovn destination, The persons who detained him stated that they were rnaking investigations i however, they did not produce any search warrant or order for the arrest of ny husb&nd. The sar0e day at eight in the morning the house vas again broken into ard r was told that he vould be inprisoned at the rrEl- Bosque" Air Force base, and that r vould be inforned of the actual, place where he was. As I got no arswer, I lodgeal an application for anparo on 4 september 1975 with the High court, This vas rejected wiihin a nonth on the grounds that the eatte" vas in tbe hand.s of the then Minister of the rnterior, ffho asserted that he 1oas not holding ny husband under arrest and had. no knor+1edge of hin. As r obtained no inforrnation of any kind fron sEt{DE (National Prisoners Service) either, on lO October I had recourse to the Supreme Court (Rol1 19,596). fn this appeal I stated tftat f personally, together lrith ncy two sons, had. been an eyewitness of nxy husbandrs arrest. In appealing, I repeated that the individuals vho made the arrest belonged to the Air rorce, ana'r therefore asked that the Air Force public prosecutorrs office be informed. official"l-y, so that information couLd. be obtained about his detenti.on. r can testify that he vas imprisoned. at the Air Force with tr,ro persons who were with him and. who today are at liberty in sved.en, and whose personal paxticulars are as foLl-ows ! Mario Eduard.o Pizarr:o Tor"res, identity card. No. l+l+?ffgf issued. in Santiago and Genera Appelgren Donosor identity card. No. l+OOl+375 issued in Santiago. 0n 12 llovenbe" l-975 T was informed in the Court of his death, through a statenent by the rnteuigence Directorate of tbe Air !'orceo vhich on ? November had. inforned the eourt that ny husband had been arrested by that Directorate and had in the neantine connnitted suicid.e, facts rhich wou1d. be investigated in proceedings conducted by the Air lorce public prosecutorts office. The proceedings - case 1lo. 123-75 - were to all intents and. purposes a farcer since the counse]- for the prosecution did not consid.er the conrnission of any crime ploved." and therefore ruled. that the case should be stopped tenporarily, a Jud.gement r.rhich rras approved by decision of 6 January L976 by the officer in charge of the combat conmando, r say this because the certificate issued by the Institute of tr'orensic l4edicine gives tire causes of his death as cervical asphyxia, thoracic traumatism and traumatisn of the loner extremities. The autopsy was carried out on B October 19?5 by Doctor t-obar Pinochet, and a copy of it is in the possession of the rnternational Red Cross ,..'r. -220- A]{NI]X XXXII Statement nade by Mr. Genaro Sernardo Appelgren Donoso , -'7 / ur]-gr.naJ: Spanlsh/ rrf wa.s arrested on two occasions bv the Air Force Intelligence Servicb end ry house 1Ias s ea,"ched.. On the first occasion I was arrested at qf home on 2! Septenber 19?3 a,rrd taken to El Bo$que Air Base. ThTee d.ays later I was transferred to the prison carop at the National Stadir.rm. I vas refeased., with no charges against me, on 12 October 1973. On the second occasion I was arrested again a.t n{r home, on 1 September I97r. f was again taken to E1 Bosque Air Base, where I was kept blindfolcled for 16 days. subsequently r was transferred to the cuatro Ale.mos pri.son ca.up, vhere r was hel.d in solitary confinement for 28 days. On 1\ Octobe", f was released fron solitary confinement anal ta.ken to the Tres A]amos prison camp, where I was able to cormunicate uith nembers of my fanily for the first time. On 2T November 1975, I wa.s transferred to the Melinca prison camp at puchuncavf, ard on 11 June 19?6 i vas released with no charges against me. Both tines L/hi1e I was at E1 Bosque Air Base f was eonstantly questioned and brutally tortured by the usual methods. r was kept starcting for six days and given no food at all. I rras hung up by ,'y hands and feet constantly, and while f was in that position electric current vas continually applied to qr body. I was beaten vith various kind.s of bl:nt instrlments until- T l-ost consciousness. r still have the narks on ny body fron these tortures. In 4r case, the type of torture used most often }ras the on6 cal1ed tl,a lora' in vhich the prisonerts hands and feet are tied together, an iron bar is passed betseen the feet and. he is s1'ng up totalJ-y nshed. Then the blows began end electric current was aptlied to the nost sensitive parts of rV body. During ny detention at El Bosque Air Base in Septeober 1975,I vas with Arsenio Leaf Pereira and Gustavo Humberto castro, vhon r knew personalty. The fomer had stood fox election as councillcr and the latter had been ny neighbour. They rn'ere both kil1ed at the Air Base d.uring the time f was detained the"e. During q; detention ny farrily made three applications for action for enforce[ent of rights (amparo), which were rejected. by the supreme cor.rrt, while the Ministry of the Interioi aenl"a that f ffas being detained, which was conrrary ro the rules relating to the detention of individuals laid dornrr by the Milirary Governnent Junta itself. Photocopies of these documents antt of ny certificate of release from the National Stadiun are enclosed".rr -230- ANND O (III /ur1g1nal: Span1sh/ Republic of ChiLe I\4ini6try of Foreign Affairs the ltlinistry of Foreign Affai"s presents its complinents to the &bassy of the United Kingtlon and has the honour to refer to Note No. 18/2, dateit T August tpJl+, relating to Christiau Van yurick, Edrin Van yqliq! and his wife, 3arbaraUribe,inthichtbeirre1ativesand'your66-a-ssyruqu.stinfonnation concerning their whereabouts anal their state of healtb. The Mini is able to inforn that the Chilean authorities consult The Ministry of Foreign Affairs takes this opportunity to reiterate to the fubassy of the Unitetl Kingdon the assurances of its highest consideretion. SAMIAGO " L8 August 1!J\ REPUBLIC OT' CHILE 0F. Conf. No. 29\ / 2L-F-21 COVMNMINT JUNTA Ant. 0F. Conf. ltro. 1677 L5 July ]9?\ MINISTRY OF THE II\IIERIOR Court of Appeals OFFICE OF THE LECAL COUNSEL SubJect: Beport on the person in question Santiago, 8 Aueust 197! FROM THE MTI{ISTRY OF THN INTMION TO THE PRES]DEIiIT OT' THE I COIMT OF APPEAIJS Referring to your comunication No. 16?T of 15 JuLy I9?4 relating to the application for action fo! enforceEent of (anparo) made in document No. 731-?4, f have the honour to lnforn you"ights that @uflsta Van Schouren Vas lhe person in question has thus not been detained by oraler of this Ministry. Accept, Sir, ... 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O 'r{ + to P> 5{) t> \. al co pt tr^i to {J d(7'gdc) td d C h O'rl O lEl tr c .Ft {U .e lO'Fl d ].).4 taFr{ | ;{ .+) + i+ !1 t- l.+.r tr E OOdo\C t0) d b0 Arrl d ti t0 (n o I ,S\o d {J (nl g.-i A o C) ld Cl o o\.uA I t{P O + \\(n I dl Od-lO u)l ooltr\C, Fr< El lr\ Eva 01 .Frl F] d P r{ d la !l Cl lfl to the Sec retarY-Genera.l sit-in strike at the Economic Conunission for Lat /0rigina1 : Spani sh/ We are declaring this hunger strike because ve cannot go on 1la1t1n8. Mernbers of ou-r faniLy have been detained and heve disappeared at alifferent tines and in different parts of the country. In all cases, the ttsecurity setvicesrt of the Government, in particular the national intelligence agency, DINA' have had a part in the detentions. Tn all cases, the authorities have denied that the detentions have taken pl-ace or have given conflicting explanations, despite the existence of many and varied witnesses and. in sone cases lega1 docr.&ents - in short overwhelrning evid.ence of the d.etentions. ' In alI cases, the aforementioned intelligence services have placed obstacles in the way of the investigations into the disappearances, where 6uch investigations have been conducted, and in nany cases they have put direct pressure on the rel-atives who are looking for the missing pe?sons to nake us give up our search. In a1l cases, such investigations as have been caried. out by the judicial authorities have failed to yield any positive resuLts. In all cases in r^rhich persons have disappearetl - with the sole exception of rn^rr1i.. ^ovl^- ^^h+,^y^-roJ rraf L\jqt r.rho has stil1 not been releasetl - defence funds have been withheld "for lack of information", according to the courts. In all cases in vhich ve have lodged responsible protests the members of our famifies disappeared roonths or years ago and. we do not know whether they are alive or dead, and this means tragedy and uncertainty for e&ch hone. What enormous effarts we have made to fin<1 then. ve have sent vritten communications and made detailed submissions to dozens of organizations and persons who are in some vay connected r,rith our tragedy and vho might be ab:l.e to help us. We have app"oached t and obtained interviews with, a vast nrmber of persons' official-s and others, civilians and nilitary, judges, ninisters vith various portfolios. lle have spent count]ess hour s waiting in antechanbers and el-sewhere; sometimes we have been received vith deference and at other times we have been harassed and. hlfldliated l'" irrni nr c ^ffi.ial How much has been done by the chr.rch and the clergy in solidarity, from personal assistance, expressions of solidarity and hoper lega1 support and assistance in the preparation of comprehensive, responsible and. soundly-based submissions and their communication to the legal- and executive autho"ities t knowledge of which has sometimes reached the public. And all these efforts' for vhich ve are deepl-y gratefur, have been nade with a view to locatinr these nissinq persons' a. h,rnanitarian goal which is consonant with favi and truth. And how many calunnies o lies, attacks and acts of aggression lre, our lavlfers, the church snd the cr-ergy have had to end,re simply because ve have repeatedfy and. truthfully raised the probrem of the missing persons, in the past fev weeks alone, in addition to an orchestrated campaig.t aguit"t the cfergy acting in solidarity with_us, covardly physical attacks haie bJen naoe on the aged nother one missing persons, of of the on one of oul ]ar{yers, on an ad.olescent girl ... And with all these cr.lumnies, lies, silence, attacks and. thxeats, the problen still renains unresolved.. !tre cannot go on vaiting: we cannot lose hope. That is vhy we think that the tine has cone to.say, "Enough." And in order to put an end to our tragedy and. as a means of ensu.Ting the cessation of these "inexplicatte" cases which ieap shane on Chile in the eyes of nationaf and international public opinion, we are declaring this bunger strike. This is what ffe are asking: r^Ie (1) denand that all the cases of missing persons should be cr-eared up once and for afl-. The acts that we denounced ttkidnappings t', have represent "il1ega1 arrestsr, offences and crines, vlrieh violate the precepts of 1aw and norality and represent an attack on the dignity, freedom and life of the persons concerned, namely, many honest and hard-working Chileans lrho are loved by us, appxeciated. by theil colfeagues at work and in many cases elected representatives or l-ead.ers of their coumunitiesn trade unions, universities. There is no offence, no e.rror, no gror:nd for accusation against then. The reliable lists are those vhich anpear in the responsible submissions nad.e by us or by the church to the courts, r^rith the assistance of thousands of r^ror].d. figures, men of culture, lar^ryers, trade union feaders, etc. We challenge those responsibre to produce the nissing persons listed in those subnissions. I,tre d.emand the truth. (2) i{e demand the establishnent of a comission of investigation, consisti.ng of eminent persons of irreproachabfe noral character fron Chile and other countries. we cannot continue to hear irresponsible explanations, prorni ses for the futu.re' conmitments to undertake forrrrar investigations, which never cone to anything. nven less can we continue to toferate the ftrave of lies and distortions on the problen put out by some eonrnunications media. If the Chilean authorities recognize the position and competence of an organi.zation such as the united lrlations, there is no reason why a comrission with united Natlons backing and vith the status which it wi.rl derive from the erninent persons appointed to it cannot carry out an analysis of the evidence in this case. such a conmission, which shou-ld be guaranteed. the greatest fatitude in its investigation, vi11 be able to receive a1t the infornation which we have and. to hear any vitnesses vho wish to nake statements, as well as any evidence there nay be on the other side, so that it can eventually give an independent judgenent. -2?8- (3) Lastly, we dennand. absolute respect of all individual guarantees for ourselves, the reletives of tbe nissing persons who have done and are Ccirg notrrlt'g more than anyone in a sinilar situation vou-ld alo, namety r,Iaking every sacrifice in order to find our loved ones. \,Ie cannot, in short, continue in a situation which bas rightl-y L:een described as ttworse than d-eathrr, tbe uncertaintly about our rnissing relatives, about their lives, the well-founded presr:mption of the suffevings to which they are being subJ ecteal. lfe cannot perrnit these facts to be passed. over in silence, or those who have disappearecl to be forgotten, ot hope to be 1ost, nor can r,re, through our passivity or our silence, allow this to occur. Past or future d'isappearances are the most inhurnan action which can be conloitted against a hunan being' against a farnily. Such d.isappearances nake a lie of the l-aw arrd. a nonstrous falsebood of the guarsntees to life anal human rights. Their continuation can make us all collectively culpable, trrrn us into a people who wj1l have learned- this truth too late lrhen the lives in jeopardy can no ]-onger be saved. For all these reasons, ve declare this hunger strike- For the love of our out of fespect for 1ife, liberty and hurnan dignity, ve shal1 find then. "elatives, (signecl) BELATMS OI' THE MISSING DETAIIIEES Santiago, ]-l+ June 19?7 -239- ANNEX NOffI flom the the sit-in st ion for ginal: Spani sh/ Message to Mr. Kurt Wald.hein, Secretary-General 1. On 23 June, after .LO daysr hunger strike' we' the relatives of 36 arrested arrd nissing persons, in aceordaace vith the request made by Mr. Kurt Waldhein, Secxetary-General of the United. Nations, have agreed to haLt the hurger strike and to leave the headquarbers of the United Nations in Cbile peaceflrlly' 2. We express our deepest thanks to the United Nations ancl particularly to Mr. Kurt Waldbein and llr. Errique IeJ-esias for their unfailingly caLm and sol-utions for hunalit a.ri an attitude, for their good offices in the search for ' tbeir constant concern and for the support vhich we hope to continue receiving fYom the Secretary-Genera^1 in the firture. 3. We earnestly velcome ttre undertaking entered into by ttre authorities vis-D.-vis the United Nations ard its Secret alXr-Gene?al vith regard to the provision vithin a reasonable period of tin0e of the infomation in their possession concernin€ the fate of each of our nissine relatives. \. We reiterate that we shal1 renain in the cormtry' confid.ent that the eiuarantees giwen by the Gove"nnent to the United Natj.ons vith regard to our personal security and that of our refatives will be respected. 5. lJe express our hope that progress will be naale in taking appropriate neasures to elucidate the fate of any other person concerning whom the United Nations is in possession of infornation. -z\o- AI{NEX NOffII Tn fo rms.t i on whose : SpanishZ 1. Bernardo A_RAYA ZULITA - Arrested. on 2 April 1976 at his holre in the tovn of Quinteros with his wife Marfa 01ga Flores Barraza, who has also ilisappeared, his grandchildren Vladirlir Henrf quez Araya (aged L5 ) , Ninoska iurrrf q"., Ar#" (re;d 9l ;"a Eduardo Araya (aged Rojas 9), and his brother_in_1aw Juen Flores Barraza (aeed 59); the arrest vas carried out by DINA agents, vho took the whole group to Santiago blindfolded on the floors of the vehicles they were using; tne youngsters nert day, the and Juar tr'lores Barraza were released. and aband.oned. in a Santiago st"eet. Afl these events are on file, in the case now before the Eleventh criminal Santiago. court of t Victor l{odesto CAFDEITIAS VATjERRAMA Profession: electrician Alleged circumstances of arrest: said to have been arxested on the public !-lqhvey at about 8.30 p.n. on 26 August 19?6 by persons in civirian clothing vho did not identif$ thenselyes. 3. Carlos Alberto CAInASCO MATUS At the tine of his arrest, he was vorking for DIIiA in his capacity as Lance-corpora.L ln the chilean Arny; he r.'as arrested at his home in the presence of his family by two DrNA offieials, rabo said. that he was needed at the Tres Alamo s caJlp; on 15 Me.rch 1975, a DINA official visited the house to take back Carrascors service weapon, leaving a certificate in which he was d-escribed as the bearer of identity card No. 886!; this official telephoned ca*ascors father on i-6 rtlarch lg.lj end informed him that carrasco vas at ttre Tres Alano s camp; finally on eg la"r"r, ii1>, the same official visited. the house and informed. the famify that Carrasco had fled.. on 6 June 19?5, in a letter crear:ed by DrNA, cenera^l rrcarrasco Rolando caray, conmander of the sa'tiago garrison, stated that Maius conmitted the crinl of desertion on I Apxil 1975 ana vas discharged by DrNA; his file was submitted to the office of the second l{ilita'y Prosecutor, proceedings a}e being instituted against him under case No. 268-75 a\d' he is currently in prison'; a friend of his, AleJandro ruentes, was arrested. on the same day - 14 l'{arch f9T5 _ and stated that he had been imprisoned ruith carrasco at the vi1la cri.mJai. carrasco vas arrested on 14 March 1975. l+. Horacio CIPEDA I4ARINKOVIC a/ Profession: buildine fore&an Date of arrest: 15 Decenber 1"9?6 ,. Marceto Ren6n CONCI{A BASCUfrAN Profession: p-rivate enpfoyee Alleged circunstances of arrest: said to have been arrested on the public highway on LO Iuay 19?6. 6. CarLos fiunberto qONTRERAS MALUJE a/ Profession : pharnaceutical chemist Alleged circr.[rstances of arrest: said to have been arrested on the pub]ic highway folloving an accid.ent al3d to have been taken away in a sky-b1ue car' on 3 Novenober 19?6 . 7, Jos6 Enrique CORVAI4N VALENCIA Profession: AUeged circlmstances of arrest: said to have been arrested at about 12 noon on p August 7976 at a building at 8523 Ayacara. B. Lisandro Tucapel CRUZ DfAZ a/ Date of arrest: 18 Decenber 19?6 Profession: trade-r:nion leader at Polpaico 9, Elisa de]. Caruen ESCOBAR CtrDA Arrested. on the public highway on 9 May 19?6; relatives of Lenin Diaz Silva saw her a"rive the sane day at the latterrs home accompanied by an unhnovn person d-ressed in civilian clothes who emerged with both of them sJId- left for an unknown destination, as recorded in case No. 15r\55 of the Ninth crinaina] court; Diaz Silva has al-so d.isapFeared. a/ See chap. III of this report for further inforroation. L0. Eliana Marina ESPINOZA FERITANDEZ Date of arrest: I2 MaV ]-976 Profession : snall-scaJ.e trad.esman LI. Maria Ofea FLORES BARRAZA Arrested on 2 April 19T6 aL her home in the tovn of Quinteros with her husband Bernaldo Araya Zuleta, vho has also disappeared, her erandchildren VLarlinir Henriquez Araya (aged 15), Ninoska Henrlquez Araya (aged 9) and Eduardo Araya RoJas (aged 9), snd her brother Juan Flores Barraza, (aeed 59); the ar.rest r4'as carried out by DINA agents, rrho took the whole group to Santia8o blindfol-d.ed. on the floors of the vehicles they were using; the next day, the youngsters and Juan Ffores Barraza were re]"eased. alrd. aband.oned in a Santiago street. AL1 these events are on file in the case before the Eleventh Crininal Court of Santiago. 12. Hulberto IUFItrTES EODRIQUEZ Date of arrest: 4 Noverober 1975 Profession: former nernber of the Renca Tovn Council f3. Juan Antonio GIANELII CoMPAITY Profession: second.ary-schoof teacher 4lleged circr:nstances of arrest: said to have been arrested. at about 1.30 p.n. on 25 Jul-y f976 a,t Girlsr School No. 2l+, Independencia. Former national leader of SUTE, FEDECH and National Board of Assistant Teachers. 1II. A]-icia HERREnA BENITEZ fuofession: housewife ALleged circunstances of arest: said to have been arresteal at her hone on l+ August t!J5. L). rvall bera1o Profession: d.octor Al-legeal circr.mstances of arrest: said. to have been arrested on the public highvsy at about 11.30 p.n. on l+ August 1!f6. - -11J-^1, 16. Mqrio Jesds JUICA VEGL Profession: driver Alleged circumstances of axrest: said to have been arrested on the public highway at about L2 noon on 9 A€ust 1976. 17. Ltri s Snilio MATUFANA CoNzArEz Profession : prirnary-school teacher Arleged circ'nstances of arrest: said to have been arrested on tbe public highway on 8 June l-9?6. 18. Ilalvia Rosa I'{ENA ALVAMDO . Arrested on 29 ,q.prif 1976, together lrith her husband, Luis Eril-io Recabanen Gonz6lez, her brother-in_law Maluel Guillermo Recabarren Gonz6lez and her snal-l son, only two onal a half years old' vho was found aba.ndoned in the street. They were arreEted in ttre presence of several neighbo'rs in the inmed.iate vicinity of their home, right on the street, by severaL policemen carrying sub-roachine guns, and vefe put into a citroen 2cv. The folloving day her father-in-1aw, Manuel segunaio Recabarren Rojas, was arrested.. Al-1 tbe above-nsmed persons have been nissing since the d.at e of their arrest. Na.l,via Rosa was five nonths pregnant at the tine of her arrest. 19. Fernando NAVARBq ALLB{DE a/ Date of srrest: 1,3 Decerber 19?6 Profession: railway engine driver ?O, Mieuel- NAZAL QUIEOZ Profession: tradesrnan Allegetl circrmstances of arrest: said to have been arrested on the public hi.gtrvay on 11 August 1976. Former ]-ead.er of CUT -2I\- 2I. Juan Fer!{ud9 ORTIZ LE"IELIER a/ Date of anest: 15 Decenber 19?6 Profession: historian 22. Reipalda de1 Ca"men PEBEIBA PLAZA a/ Date of arest; 15 Decenber 19?6 Profe6sion: nedical techaologist 23, llal-d.o Ulises PIZARR0_MOIINA a/ Date of arrest: 15 Decenber 1976 Profession: rniaing technician 24. Alnando PORTILLA PORTILLA a/ Date of arrest: 9 December 1975 ?5. oscar Orlsnaio RAMoS GAiRIDO Professioni l-inotypist Alleged circunstalces of arrest: saitl to have been arresteal at his hone, together with his son, lvlr. oscar RAMOS VMNCO, at about f p.m. on 5 Aueust 19?6 by persons dressed. in civifiaa clothes lfto 26. Oscar Arturo RIMOS VIVANCO P?ofession: student consuLtalt All-eged circumstances of arrest: said to have been arrested at his hooe, together with his father, !lr, Oscar RAMOS GABBIDO, at about 1 p.m. on ! August 19f5 by pexsons dressed. in civil"ian clothes who did. not identify themselves anal who were us ing a Peugeot . 27. Luis tui1io RECABA-RREI{ GONZATEZ Arrested. on 29 April 1976 in the imnediate wicinity of his home with his vife NaLvia Mena Alvarado, his snall son aged. two and a half and his brother ManueL Guillerno. His son was Later found. abancloned in the street; the rest are -1+>- stiLl nissing afber being arrested by policenen carrying sub-sachine €un s and being put into a Citroen 2CV. The following atay his father, Ms"nuel Segundo Recabarren RoJas, was arrested and is a]-so nissing. 28. Manu€l cuillerno RECAEAEREN GONZAIEZ Professi.on: trainee All-eged circumstances of arrest: said- to have been arrested on the public higbway after 9.30 p.m. on 2p Apri.l 1976, toeether with his brother and sister-in-1aw, by persons dressed. in cj.vil-ian clothes who did not identify ths.se]-ves. ?9. I{anuel Segundo RECABARRHV ROIAS Profession: pensioner of the Private hployees r tr'und Al.l-eged circumstaices of arrest: said to have been arrested on the public highway at 7. 30 a.n. Date of arrest: 30 ApriL L976 30, Niconedes Segundo TORo BMIr'O Profession: labourer Alleged cj.rcumstances of arrest: said to have been alrested on the public highway at about 8 a.m, on 28 July 19?6. 31. Julio loberto VIGA VEGA Profession: carpenter Al-leged circumstances of arrest: said to have been arrested. on the public highway at about Ll-.30 a.n. on 16 AWust 1976. 32. Hugo Ernesto VfVAJVCo VEGA Profession: private employee Al-le getl circumstances of axrest: said. to have been arrested. on the public highvay at about 1p.n. on )+ August l-!J6. 33. Mario ZMORANO D0N0S0 Arrested. on tr May 1975 by DIIlIA agents at a house at f53T CaLle Conferencia. Many other persons who visited. this house between 2! April and. B May 1976 were a-l-so arrested.. -2\5- ANNEX XXXVIIT Note verbale dated 26 August tgTT from the Pernanent Mission of Chile to the United. Nations Office at Geneva addressed to the Chairman of the Ad Hoc Working Group ,;- . / urr-ginal: JpaI)rsn/ The Perrnanent Delegation of Chile to the Office of the United Nations and other International Organizations at Geneva presents its complinents to the Chairnan of the Ad Hoc Working Group of the Comission on Human Rigbts abd has the honour to refer to various queries raised in a letter dated 16 August €nd. in the course of the recent neetings, In a letter d.ated l-6 August 19?7, information was requested from the Government of Chile on the arrest of six women who had orgaltized a d.enonstration ia front of the Supreme Court of Chi1e, in Santiago. fn this connexion, the Pernanent Delegation of Chile is able to infom the llorking Group that, on 12 August f97?, when Mr. Terence Todman, the United States Assistant Secretary of State for fnter-American Aff,airs, was on his ray to the Supreme Court of Justice to see the ?"esid.ent of the Court, a g"oup of women carrying placards referring to alleged nissing persons caused a itisturbance in the street. Policemen from the Santiago Thirtt Police District I'ho rere at the scene proeeeded to arrest seven vomen and two men" who were released after ro€Iing statements at the pofice station. Approxirnately an hour elapsed betI,.een their arrest anal their release €nd this was videly ]'eported in the loca1 press. The persons who made statements we"e the fol].owing: Maria Paz Ortlz Bcjas, 2J years of ege, r:nnarried, Chilean, school-teache?, fdentity Card 5715837 Santiago, living e.t L1ewe11yn 3sy6y IIo. 1212 Carmen Rosa Vicanco Vera, 51 years of age, married, Chilean, housewife, Id.entity Card 2233508 Santiago, living at Apoquindo No. 7BO1 Eunilde Ramirez Caballero, 30 years of age, married, housevife, Identity Card,5205\51- Santiago, living at Gaspar de Orance 993 Pablo l4axirniliano Santetices Te11o, 30 years of age, married., Chil_ean, university teacher, fdentity Card 5392\92-1 Santiago, tiving at Juan de larrios l+041, errinta Normal Raquel Ardiles Todillo, \8 years of age, married, Chilean, housevife, fdentity Card \5998 Calera, Iiving at C. Hfpico 15\, Sslt Migue1 -2\7- Caruen Arriagada Jerez, l+2 -years of age, married, Chilean, housewife, rdentity card 37o95h? Sartiago, fiwin! at pasaje pa1ni11.a, Conchali Beliria I?z,,, La Hortensia de Lourdes,Ore1lana Mufroz, 22 years of age, marriecl, Chi1ean, housewife, fdentity card.5gi]g3\3 s""ti."eo, tiv-ing at puerto de palacios 50ZC peralta, Violeta Zufiiga !3 years of age, rnarried, housewife, rdentity card 39t+215r-3 saniiago, 1i"i;; ;; vi'la Grandy, Av. sur 639, Maipf Ernesto Escudero Arancibia, 6J years Id.entity of age, journalist, Card t-022182. S^ntiago," ftving Macu1, cal]e Augusto Winaer )1158. ";"viua This incident, vhich is purely a police matte", together prompt, releaae of the persons -aisturtance, with the who caused the vas widely reported in Chile. E:closed is a cutting fron the nelrspaper "La Tercera,, , dated 12 August 1977. At neetings heJ-d in the course infornation of this week, the Group also requested on Decree-Lav 1g77 ana th. by the president of Chite in the town of Los Angele" ol August. ";;;";-;;de of 1? A""o"ii"gry, a photocopy is aiso enclosed the Official. cazette o_f J-3__Ausust fSfZ, b""r."_im igi?,-"i,i"t supplenents the terlm Larar "."til"irrg of No. LZ.\2T it*te s."lrrity, uria'or trru ful1 terb of the speech n?de " "o"""r"irrg to: Irg"f"" ," tne president of Chile, in \rhich he reiterates his firn decision to_at abide institution iv-ilr"-pf"" for a return to normal in Chi1e, whf,ch was announced on 9 JuJ.y Last. Perr'anent Der-eSation of chile tekes chairnan this opportunity to reiterate to the of the Ad Hoc I'Iorking Group the assurances of its highest consideration, q ^1, AI'INEX )OIEX / or'1grna-L TTIREATS IO PERSONS Between 10 anat 12 March the DINA visited the hones of the foll-owing pelsons who signed. tbe list of 501 nissing persons subnittect to the Supreme Court: - Isido"a MACHTEZ GONZALES - Gladys MO8ALES MOIINA - Xlisa MIFAMBUENA VERDUC,O - Saul RtrYnS PINA - Margarita MAGNA CASTfLLO - Pedro ZAIl'onANo D0N0S0 - Gabriela BRAVO JABA - Olga DONATO AVENDANO - Maria ARAES BARMZA - Jos6 CARIASCO TAPrA - Onofre MUNoZ CONTRERAS Threats with regard to the submission of file 501r the Government I s Directorate of Infornation states that : - ft is a continuation of the Comr:nist Ca.4:aign conducted since 11 Septenber 1973. - It proves that 'ithe country is not yet reaqy for a return to the Juridical and political nornality sought by some. on the contrary, it indicates that the state of energency in force in the cor:ntry is Justified by the gravity of the acts refetred to and the disturbance of public order vhich tbey have causecl". The Government states that such acts coincid.e with the attacks nad-e by the Ad Hoc Working Group, and even suggests that thele is a connexion bet'ween them and the d.eath of Generaf Carlos Prats, and. the assassination of Lej.ghton and. orl"ando Letel-ier. This is an attempt to Justify the maintenance of the state of emergency. It refers to the l{ational- Security Law, adding tha.t 'rthe Governnent wiLl not hesitate to use' strictly and inflexibly, ru",," necessary to defend the nation against the grave d.angers that threaten it "1r"as a resu-l-t of the activ-ities of tlrose who attack it", During our stay in Chile, ve Learnt that two ex-detainees who were enployed. in a.workshop in Valparaiso 'were wanted by the DINA and had been folced to go into hiiling' These two ex-detainees are wiinesses concerning the 13 rrissing persons from Valparaiso. Five leaalers of RANQUIL have also been sought in the provinces for several veeks, gr:eat A mary other cases have been reporbed which cannot, in prutlence, be nentioned. There are certainly others whiih have not conre to notice, particur"arry in the provinces. ANND( XL the aus ices of the WorLd. Coq4! relating to the Vicaria de Ia Solidarid'ad /Origina.]-: -b rencn/ A. ACTION AGATNST THE VICARIA Its ainB are fourfold.: are pofiticaLly 1. To confuse public opinion by showing that the accusations nade lootivated and associated.- witrr thl parties that have been dissclved; 2. To atts.ck the staff of the Viceria as a deterrent; for assistanee; 3. To prevent or discourage the victins fron going to the Church )+. To sov d.istrust within the Church itsel-f' 1- In the first fev nonths of ];97'l; statements were publishetl by leop1e v'ho ap;lications for aloparo on their behalf' Visits accused the vicaria or are ( "obtittirrgp"i"o""i")'io tit. famil-ies-ofpersons who are Baid even by rorr." the Vicaria'_inprisoned or have d.isappeared to peisuacle then to sign statements denouncing cases' The Government, in its reply to ttle document concerning the 501 1{arxist ca"npaign cond e&ns com'nications of thal Liod ." paTt of the international ' and of Cases in point a:le thase of Jos6 Erasno Leiva Aguayo from 0sorno Carl-os Veloso (annexed). 2, Direct aetion is taken against lersons who collaborate ltith the Church and they are warned to give up the lrork of solida"ity' Sergio Chifflelle Besnier' PTocurador d9] kessure ls brought to bea:' against fron his Nfinero and collaborator vith the Vicaria, who is threatened wi'th disnissal post . Serioug pressure is brought to bear on the persons lle questioned' by First case: Threats are mad'e against the children of the victim' and ttre tanlly's coroings and goings and insult their people in ca?s who *.t"tt-aii a veek colleagues o? nej.ghbours. In this particular case, the pressure begen- after frientls or the ranily who werl foreigners had visited' then ' ALthough the they have left their mark as the members- of the daily threats n".r. ' then is late fanily are now afraid""opp.a, to go out alone and are upset whenever one of in retr:rning home. -251- Seconil case: The telephone is used to exelt pressure by scores of phone calls ' vhich are nade every day for nonths and have an obsessive and sonetimes hallucinatory effeet. Ihe6e terrify the victin, .who feels hunted. and becones gentallv unbalanced ' finally giving up all his activities. Action of this kind is intended to intinidate and eventually destroy the person concerned. Obher people who have been threatened or lrounded (e.g. August Michaud) have heil to leave the country. 3. Many of the fanilies of persons who are nissing or in prison trave been visited by the DrNA to make then sign statenents contradicting the lharges brought by the vicaria. lefore d.etainees are rereased fron prison, they have to sign a statement rmdertaking not to nake any denunciations to ttre Vicaria. fn April and uay a].]- persons hekl by the secur:ity services were intinid.ated in this way. 4. Attenpts have been made to sow d.oubt within the church itself. statenents have been sent to a bishop accusing tbe Vicaria of forcing people to nake false gtateloentE . rn atklition, a constant vatch is kept on the prenises of the ch'rch lrhere the work of solidarity goes on, Efforts are nade to identi.fy the people enployeal by the.llicaria, some of them are fo]lowed. .worh n on leaving their bffqe alents come to 'rrequest the help of the vicaria in order to gain access to"na the prenises. Ttris sort of action is not eonfined to santiago. fhe fact that the thleats aad pressure have ceasetl in sorne cages after certain interventions vere mad e is one more p"oof of the authorities' concealed po.wers of intiniitation, B. T'AISE ACCUSAT]ONS MADE AGAINST lEE VTCANTA 1. on 10 May his nother reported. to the vics,ria that he had d.isappeared on I May. 0n 12 May an appricetion for amparo was d"afted r,rhich the nother silnea. Afbe" that she never returned to the Vicaria. 0n 24 May an interview *ith Jorge salazar was printed in EL cronista in vhich he cLaimed that he had. never had the slightest problem vith ttre lilr anrl accused "Radlio Moscor and the Vicaria of having inventei his arrestr, Eottever, his nother had reported her sonrs disappearance in an interviev t'ecord.ed by the Chilean broaclcasting services. 2. Marcelo fvan SAIIIA]rIA pROSSffi 0n ! May his wife came to the Vicaria to report that her husband haal been arrested by the DINA on I May and. she signecl an application for ryq on his beharf. 0n 13 May she retrlrned. to the vicaria. rn the Ttririt crirninar co'rt, rrhere she was convened on 16 May, she herself made a conplaint regarding the -2r2- alisappearance of her husband. She was not assisted in tbis by the Vicaria, to thich she had. not again returned. Marcelo Santana Prosser appearetl on television, stating that he had been abducted. and inten'ogated conce"ning Patria y Libertad, thus hinting at the poLitical affiliations of the kidnappers. 3. Carlos del SOLAR BAMIREZ He disappeered on B May on ]eaving his home. His faniLy searched everlrwhele for hin and went to the Vicaria but did not subnit the application for 94ggg prepared. vith the help of the Vicaria. In the newspapers of 2l+ Msy, a statement by Car]-os d.el Solar was printed to the effect that "IIe supported the Junta and had rr. been a lead.er of the Patria y Libertad Youth Movement l+. The case of Jos6 hasno LErVA AGUATo On tB and 19 Marcb f977 farge headlines in the nevspapers announced that incontroveltible evid.ence had' come to light that a1.l- the activities of the Vicaria on behalf of missing persons vere sinply a "show to proviale fuel for "the internatianel Marxist campaign about rnissing persons which is being conducted with Nations Comni ssion on Human great fanfare abroad. and particd-arly in the United rlmissing", Right"tt - a person, Jos6 Erasmo Leiva Agr-rayo, Purported. to be had been discovered in Osorno where he had been living peacefully with his fanily fo? the pasr yeaf . Aceord.ing to the press, Jos6 ftasno Leiva had gone voLmtarily to a nilitary court "to cl_arify his situation, because he had. found out that his nane appeared. on a list of nissing pelsons who are the subJect of a case before the Supreme Court and of a nuber of conments in the international presstt- The Vicaria de 1a Solidaridad reacted innediately by sending to the suprene Court a letter pointing out that the nsre of JOs6 Erasno leiv8. did not appear and hatl never appeared on any list of nissing persons and that the information in question lvas false like other reports of the saue kind that quoted the names of people who were said to be nissing and hati subsequently been found. in good health but who, in actual fact, had never been listecl as nissing. In a sworn affidavit, Jos6 Erasmo Leiva Aguayo stated. tbat on B March L977 he had. been sumoned by the rrlnvestigation Servicett of Osorno to enquire into his alleged d.isappearance. He had stated in the presence of his lavyer and of the Mil-itary Frosecutor that he had never been missing but that his brother, Micael Xtardo Leiva Aguayo, on the other hand, had disapPeared in March 1975' Th€ handed hiln Prosecutor had refused to listen to Jos6 leiva and his la]ryer ' and bad over to the journalists .who had been invited to attend the court hearings on that occasion. In his statenent, Jos6 Ebasmo Leiva Aguayo explained tbat the press had ttistorted the facts, putting vords in his nouttr that he had- never said, and that he wished to state publ-ic1y tbat he himsel-f had never been listed as rnissing but that his brother had. disar:r:eared. / ANNNX ]GI English/ Tabl-e f. Methods of torture Chileans n=32 Beating 30 Direct crani al traura 18 Electrical toxture Sleep deprivation > 2 days l+ Solitary confinenent > 2 veeks Starvation 10 and dehydration > 2 days 5 Sexual exploitation 2 Direct genitg.l traurna 17 fhreatening of fandly and friends 11 Enforced witnessing or overhearing torbure of others Th?aa+< ava^,.+.i ^f ^- _fJ Hrarmacological torture 3 Tooth torture 3 Sr.rspension by feet or hands 9 Water tortue 5 Bright light torture 3 Other forns of torture 18 rrTorture: _ Zl Extracted fron A Stu{y of Chilean and Greek victinsfi by ?1. 0J. Vedel Basmussen, D". Agnette Mouritzen Da:n ald Dr. Inge Lr.urd.e Nielsen (The A:mesty International Daaish Medical Croup), in t'Evid.encJ of Tortureir: Studies by the Annesty fntematlonaL Danish Medicaf Group. -z>4- lable II . Symptons after torture Chi].eans Mental dis turb ance 1'7 Memory and concentration ].oss He ad.ach es L? S.Ieep disturbance ( di fficulty in fall-ing asleep, too much s1eep, nightmares ) 1l+ Alcohol intolerance 4 SexuaL distr.rrbances 4 Impaired hearing 6 Joint pain 6 Tnroi rpd oai i 1 Visual disturbances 2 Cardiopulnonary symptons E Abd^ni rl a l nei n l+ Chroni c diar"hoe a 0 n+ha? crmn l-^ma T2 Table III. MentaL disturbance Clileans Nature n = 17 Psychosis 1 Neurosis (depression, anxiety, phobia, hysteria) 1"0 Character change ( affect lability, irritability, introversion) 10 Psychos omatic crrenge (letuargr, fatieue) J Table IV, An alternative evafuation of Bentsl- synptons Chileans Phob i a 0 Depression 5 Initab j.lity, aggression, lability 1l_ Cornmr:ni cation 1 -2rr- Table V. Objective findings ctrileans l,lari fest sequelae of tortu"e n=2L Itreurological h Mental r'-airad haa?inrr 5 Fractures Skin lesions I Poor dental condition ( post-trarnat'ic) 3 cait disturbance/arthrosis 0 Di vers e 10 -4?O- A]INEX )g,rl /Originaf: SpanishZ "fn March 19?l+, vhile was f in prison in Valparaiso, I began to feel_ pains ard was unable to dete?mine the cause, ui"upi-1ir.t-vii"rr iney lao started rn fact, the i l-1-t reetment atter i-vas tortu_Ted, and. tortures'to r subJected. more particurarly when r was thro*'n tiovnstairs frou trt. rorotrr--iioor "." valparaiso Navar to ttre second floor of the lri"ai"li.a^"ia .nitr, ny hanas ti.a l"ii"a my back 'oarfare.Aca..erry,to rqr vertebr"i ;"1;*. Belo* :?:^"::::dg].ve sone ned.icaL "::io:s -inJuries r shatl endeavour ro details concerning the inJuries that were caused. (...) "t. (.) inJury in veltebrae L5 and S1 ( }:no ar and "*o""g+"*.1llHr:sacrar r) took the form-The of'torn intervertebral , of repeated as a resurt blovs fron blunt instruments, of roJ-1ing"".tii.i. do'vn ttre stairs and. having 4r spine twisted by the torture known as rthe corkscrew,. this injurr gave nre a slipped d.isc for vhich f was operated on in November ..975 at the Van B'ren Hospitat l" vJp"""i"il-"rt stTangulation of the sciatic nerve ".rr".a (because in ,y io tlrn" the_ inJury began to a..r.fop in March"ighi'i"g-rr,a 197[ and operated. I r{as only on in Novenber 1976) it to pinctr, which prevented. froro walking on that leg. ""rrs"d ne (b) Cervical iA.JuJ:r: The inJury in this area cET; paltl;uiA, affected vertebrae c3 aJ)d "na ioi ;";1;", a yeax has resulted in the strangul-ation of the trapezius in qr right stroul-de", physi *fri"n means I am ca1ly incapable of writing, of iifting any weight or dolng any exercise that places a st"ain on the muscles in this part. Otherw-ise, I have to end.ure acute pain. This inJury is arso the resu.r-t of the torn intervertebral cartilage, Ehich at the sane time gave ne a slipped. disc. "2- Bipls,ltt This exanination, carrier! out rrhen r had the operation diagnosed. a.cute in 1976, degeneration of the tissues in ny back, as a result of the ?epeated blors f had received. in this area. l ggrrpF J' of.tbe nagal septun: The tortures, and in more dolrn the especial-ly rolling stairs,-tore ny s eptlrn, thus preventing rne from liu.tfrlrrg norlnafl"y, rdth all the effeits breathing. (...) causea by upsetting the rh1_trur of rr'his information that r an giving you in concise form can be confirned through the lnternationsl ned cross and. a n,nber- of ned'cal certificates, a,l:d X-rays, vhich clinical recoads show vhat.ry physical cond.ition vas in three years and eight nonths of."imprisonment dr:ring which the recovery. ' authorities systematicauyvJ s qllrqwrvqrrJ hinderedrrruu nqr I -)q1- ANNEX XLIIT Medical report Osvaldo Garido -rggaraling /driginal: fngl-ishz This report has }een preparedl at the request of the patient on beha.lf of the chile conxdttee for Hr.msn Rights. He vas adnitted. und er my care at the Bristol General llospital as an energency on 21 April 197?. He had arrived. from Iondon Airport after being releasetl frord a Chilean prison camp vhere he had. spent three years and seven nonths, A11 the history vas obtained ffom an interpreter as he could speak no lnglish. His health haal Euffered as a result of severaL beatings, electric shock treatments and urethral tortr:re. After being beaten he had suffered haemoptys is and haenatr:ria on several OcCaSiOns. On ad.misSion his rnain synptons wer'e feferabLe to the r.rrinary tract and the musculo-skeLetal systelo. 1, He complained. of urethral discharge vith sevexe br:rning pain at the end. of the stredn and sone terminal dlrsuria. fhis was acconpanied by }ower abtlon:inal pain. He had had fever and rigols up to two months previously. 2. Ile ccmplainecl of severe pains in his hands afld feet and. in relation to the long-bone" of the linbs as a result of beating and. forcible hyperertension of his Joints. l,lhen exa.sined on adnission he li'as found to have right loin tenderness, a number of cigarette burars on his hantts and some tentlerness in the hepatic area. fh€ bl-ood pressure nas not:mal anil grossl-y there were no othel abnornalities on exa.rrinat i on . Following aliagnoses vere establisheat after su-itable bacteriological investigation: 1. Gonococcal uretbritis ana epididymo-orchitis . giardia Z. lntestinal infestation rrith ascaris lumbricoides (round wo:m) " la:nblia (an intestinal protozone palasite responsible for diarrhoea) and entanoebe histolytica ( anoebic dysentery organisn). certain other tests rere fortunately norna]. including chest x-ray, x-ra)rs of r-Eography of both kidneys both hs.nds and feet, lutrbar spine X-rays ' excretion ' blood. urea, liver function tests, serun cal-ciun' We di.d not find evidence of serum hepatitis or of infection with leptospira (the organisn of Wieil's disease). He vas treated with test, nutrition and. rehabilitation. Ile req'ired. courses of Penicilfin for the urethritis, Metranitlazole and ?ripsen for the ffol:n and protouoan infestations. His general condition inproved.. t -258- As aD out-petient the urethrrtis rerapsed. and requirett a f\rrther course chenotherapy. of fhis pEtient insiEts that he has not had volutary senrar. intercourse since 1973. untler thege circuletances, it rnexr be aasu'eal that the orgenisn gonorrhoea res. of introaluced tttuiug epieodes oi int.r-r"r"nce rith his urethral No evidence of Eyphilis Fas found . (sienea) G. LAszLo, M.D., MRcp, Consultan! Physiciag. ANND( XLIV i{ote verbal-e dated 1 from the to the ce at Gene /0riginel, : upanl sn/ The Permanent Mission of chile to the office of the united Nations and other international organizations at Geneva presents its conpliments to.the Sec retary-General of the United Nations (Division of Human Rights) and has the honour to inforn hin that' on 12 August 1977" decxee-Lalt I{o. 1876 vas issued' It rrDecree of t9?4, establishlng contains a si.ngle articl-e providi.ng that Law No. ,27 ' the National Directorate oi Itt.1lig"ttce, is hereby repealed'"' The Permarent ldission of ChiLe al-so vishes to inforn ttre Secretary-General- that, on the same date, decree-Lav No. lB?B was issued' It establishes a new organization entitled tbe '?National- Inforeation Agencyl' with the task, as defined in article f of the decree, of rrassembling and. processing, at the national- fevel' al"l the information from varlous sources required by the Government for the a,r1d pro gralrlme s the adoption of measures necessary fornulation of policies, plans ' to safeguard. national secr.irity, the norual developuent..of national activities and the maintenance of the established' institutional order"' j rnr.^ n6r, r.^^.,uvuJ r.-r.wrrrL! is to be connected. to the Covernnlent through the lvlinistry r ^h is to of the Interior iarticte f) and vhose sole purpose, as has been explained ' assemble and process information, will be staffed by members of the armed forces" and by civilians whose appointment wil-l be subi ect to a Supreme Decree signed by the i.{inister of Finance (article 3). its Articles !, 5 and 7 refer to the resources of the nev organizations ' corFosition, e.dministration and certain specific exemptions enabling it to import the goods necessary for the more effeetive fulfiLnent of its duties' Article 8, which replaces' in the J.ast subparagra?h of. avticle f9' paragraph (a),'of Act lio'. l-?,?i8 (Arns Controlf thJvords "i'lational Directorate of intefuilence" by the word.s "National Information Agency", gives the Agency the po""t oi "searel" vhen a court, ttin serious and urgent casest'' so orders and there i" to susFect that fire-arns, m:nitions, explosives or infl"'r'rnable or or "ut=orrasphyxiating chenical substances' or installations desiSned for their manufacture o storage or deposit, are concealed on the premises' Consequentty, according to the above-rnent ioned lega^l provisions of article B" power grarted to this body fron the jutlicial point of view is.that of the sole it is "search', i., and. u?gent cases vhere a Court has so ordered a,d suspected that""rior" the substalces mentioned are to be found' on the premrses' -260- Article 9 provid.es that, in cornbined operations, the i{ationat Infornation Agency wiu co-ordinate the ilational Defenci rntelligence services in volk involving its specific function, Arti.c1e 10, by making applicable _ to the Director of the nell boqy the provisions of articles 191 and L92 of the Cod.e of Penal Proced.ure, exenpts hirrr from appearing in the court s to nake a personal statenent vhen sunnoned, but requires him to subnit his gtatenent in the forn of a written report and uncler the oath that the Lav ir,poses on witnesses. This provision, as has been said., appJ.ies only to the Director, aIl the rest of the staff being EubJect to el1 the obligations of the Chilean legal sysrem. Lastly, articl-e 11 states that, for settl_enent-of-estat e puryoses only, the l'Iational rnforr,ration Agency sha.Lr be regarated. as the succeseor of the i,lational Directorate of rntelligence' This provision, of strictr.y legal significa$ce, lrir-l enabLe the i{ationaJ- rnfornat ion Agency to collect any nonies that nay be orded to the ilationa] Directorate of rntelligence, while uahing it possible, tn the other hand, for the ilational rnfon€tion aget to be sued for anJr debts contracted. by the $ationa.L Directorate of Intel-liE;ence."y , As wil-L readily be perceived., the NationaL lnfomration Agency is a new entity quite aistinct fron the i{ationsl Directorate of rntelligence; it i-acks the powers possessed by the Latter, and it is connected with the Governnent the9-f ".lTu?t i.linistry of the Interior. throu€h For further infornation, this note is accoopanied by the texts of decree-law No. 1876 abolishing the llational" Directorate of Intelligence and. d.ecree-Iaw llo. 1878 establishing the ttrational Infonnation .dgency. In the conviction that the plesent infornation will be of use to and wi].]- receive proper attention from the Connission on Hutlan Rights anat the Ad Hoc Working Group, the Peruanent ir{ission of chile takes this opportunity of once ossurit! the Secretary-General of the United iilations (pivisi;n of Hunan Riehts ) of its highest consid.eration. -rg.io Geneva, l? Aueust l-977 -zoL- DiiCBnE i{0. 1875 (lissotution of DI}trA) I$o ' 1875 - Santiago, 12 August l-977 RECAI,LING: the provi sions of Legislative Decrees lios. l and 128 of f9?3i 527 of 7971+; and 991 of 19?6; and BEARII{G IN l[I{D: the advisability of restructuring in accordance lrith the present circumstances of the l{ation the pol€rs of an Organization estabfished in a situation of domestic conflict now past the Governing Junta of tbe Republic of Chile has decided to issue the fol-l-owing' Legislative Decree: SINGLE AITICLE: LegisJ-ative Decxee iilo. ,2I, of 1971+, establishing the iiational Directorate of Intelligence is hereby repeal-ed. For registration st the office of the comptrofler-Generaf of the Repub]ic, publication in the Official- Gazette and insertion in the official digest of the said Offiee of the ConptroLler. Augusto Pinochet Ugarte, General of the Arny, President of the Republic Jos 6 T. l.leri.no castro , Arlrrli ral, Conmander-i.n-Chief of the Naw Gustavo Leigh Guzn6n , Geaeral of the Air Force, Connander-in-Chief of the Air Forces of Chi.le C6sar liiendoz a Dur6n, Director-Genera]- of Carabineros C6sar R. Benavides Escobar, i.'lajor-Genera]., I{inister of the Interior DECREI LAII i{0. 18?8 (establishing the National Information Agency) foriginat: Spanis!/ i{o' 18?B - gantiago, 12 Aueust 197? RECALLING: the provisions of Decree Laws Nos' 1 and l'28 of l-9?3; 52'l ot 1974; and 991- of 1976; and CoNSIDERING: the need for the supreme Govelnment to have at its disposal the inmediate and permanent assistance of a specialized body to collect at the national -zot- levef all the information it nay require for the purpose of adopting the most appropriate measures particularly as regard s the safeguard.ing of nationaL security, the Governing Junta of the Republic of Chile has d.ecided to issue the fo1lo$inp: Decree Larr: ARTICLE 1: There is hereby established the National Information Agency (CNI) a specialized rnilitary organ of a technicar and. professional character which wlr-l " haYe-for nandat e to gather and process at the nat ionar- fevel, arl the infornation originating in the various fields of action the required. by the supreroe Government for formulation of policies, pLans and progre,nries the adoption of measures necessary to safeguard nationaL security, the nornal-" development of national activities and. the naintenance of the esiablished institutional ord.er. AfiTrcLE 2: Tbe isationa.r, rnformation Ag'ency shalr- be d.irected by a generar or a bigh-ranking offlcer in active service of the Arned r'orces or of the Forces of order, appointecl by a supreme Decree, r,rho with the titfe of National Director of fnforrrration sha11 be the principal rn technicar- administrative head of the servi.ce. the exercise of his function! he rnay ad.op1 ihe decisions and issue the internar. instructions necessary for the functioning if ttu Oi.ri"io.r. ARTICIE 3: The orga.nizationn internal institutional structure the t'lational and d.uties of rnforrnation Agency shal1 be established by a set of organic neguJ-ations decreed on the proposal of its Director. The - staff of the Agency shar-l consist of its own personnel ancl of personnel coming from the Institutions of l{ationa_l Defence, tr/henever it is necessary to engage personnel not belonging to the of rnstitutions _lilational Defenee, such action Lust be approved by Supren- 1."""., signed. in additicn by the lriinister of Finance. rrre i-egs.l r6gine ina trre renuneraiive such personnel rever.s of sha1l be the same as those which apply to the civilian personner- of the Armed tr'orces and shal1 be considered as such for atr jurisd.ictional and. d isciplinary purposes, ARTICLE l+: The Di?ector of l{ational past Inforrnation may request the reports or documentation that it deerns necessaxy for the efficient fulfilnent of his duties fron any service of the State, Municipal ity, corporate body created by lav ?r-Ehterprise or cor,4rary in which the state or its enterprises have a financial rnreresr , representation or participation. _ If this obligation is not coriplie .Ru1es providing for secrecy or conficlent iality coneerning certain matters shaLL not interfere with the conrmunication to the National Infornation Agency of the -zoJ- requested infornation or past doculentation, without preJudice to ir4position on the staff of the Agency tbe sane obligation of confid.ent ial_ity or secrecy, ARTICLE 5: The iilationaL lnformation Agency shall be endoved wi.th public funds from the fo.Ilor"rinE sources; ]. Frrd.s allocated to it a.nnua11y und.er the national budget, as specified in the section relating to the iylinistry of the Interior; Fund.s assigned to it by special Acts; Other goods and resources that it acquiTes or collects, under any title, for its own DurDoses. Confidential- regulations governing the provisions of this arbicle shaLL be issued. vithin a period of 180 days. ARTICLE 6: fn the adninistration, handling anci disposition of the public property an d. f1mds at its disposal , the National Infomation Agency shal1 be represented extraJud.icially by its Director, wbo may perforu any LegaL act fihely to further the Agencyts purposes. l^lith the public funds at its disposal, the Agency nay hire or purchase chattels s.nd. Teal- estate, products or services, and use them as it sees fit, ARTICLE 7: All inports of fuJ.L sets of equipment, accessories and other constituents carried. out by the National Information Agency shall be free from specific and ad valoreq Customs duties and other taxes, dues and levies and, in generaL, fronr-E?E$-dGy collected through the internediary of the Customs as weLl as fron the saLes tax, established by article 19o of Act lto. 16,!6lL and the e.nendment s thereto and from the 10 per cent )-ery provided for in article 4l+ of Act llo. I7 ,56\, ARTICLE 8: In the tast subparagraph of article 19" pa"agraph (a), of Act I'[o. 1?,798, on arms contro]., as supplenented by Legislative Decree i{o, 52f of 19?4, the expression ''NationaL Directorate of Intelligenceir shall be replaced by "Nationat lnfornat ion Agency". A-RTICLI 9: In the case of combined operations ordered. by the Supreme Government, the National Information Agency shatl, r^rhere duties involving its specific function have to be perfolmed, co-ordinate the activities of the various intelligence services of the Institutions of National Defence. AATfCLE ]0: The provisions of Articles 191 and L92 of the Code of Penal Procedure shau apply to the i'trational Director of Information. AFTICLE 11: The National lnfornation Agency shall be the l-ega] successor of the NationaL lntelligence Directorate for al-l of the settlement of estate purposes. -to+- TRANSITIONAI ARTfCLE: The Statutes, of a confidential nature' referred to in areicfe 3 of this Decree-Law shal1 be issued within a period of 150 days. For recistration at the office of the Conptroller-Generaf of the Fepublic publication in the Officlal Gazette and insertion in the Official Bulletins of 'the Army, Nav-y, Air Force and Carabineros and in the officiaf digest of the said office of the Conxptroller. Augusto Pinochet Ugarte o General of the Arlry, President of the Republic Jos6 T. Merino castro, Ad.niral , Conmander- in-Chi.ef of the l{avy Gustavo T,eigh Guzn5.n , General of the Air tr'orce. Conmand er-in-Chief of the Air Forces of Chile C6sar itlendoza Dur6n, Director'-Generaf of Carabineros Ccsar R. Benavides Escobar, Maj or-General, Minister of the Tnterior -26r- AN}IEX XI,V /b'riginal: SpanistrT vith referenee to your letter of 23 June, T an able to inforu you that, in conversation vith Col-ouet Manuel Contreras, Hea.d of the Directolate of National Intelligence, he told Ee that l'1r. Osval-do Romo norked for his organization until Novenber 1975 and then left the country. (sisnea) Jos6 Maria Byzaguirre Presitlent of the Sulrene Court of Justice -zoo- A}INI]X ]Elirl List of some persons who hare been granted visas- to leave Clile but_vhos e applications under Decree 1lo. 504 have trecn r.eieofod nr r?racarvo']" nr" rernain r-tpnding h7 Name Lenath of sentence Status of aDplication RaiI Vergara l.{eneses 30 years and 1 day "reserved" Selarmino Constanzo Merino 30 years and 1 dsy rejected for the 2nd tine Srnesto GaJ-az Guzm6n 30 years and 1 day "res eled" l{ario Cornejo Sarahora 15 years lst application rej ected; 2nd approved, awaiting Arturo ffufiez Quintarilla unkno$n reJ ected Juan Ca"denas Vil]ablanca 13 years Special Cormission has requested consultation vith the Fiscatia Naval Pedro 3laset Castro 8 years " Pedro Lagos Corrasco B years Jaine Ricardo Salazar Jeldres 8 vears -aol- ANNEX XLVfI i{ote verbale dated l-2 fro e to the Secretary:General 2!6risinal: Spanis!7 The Peruanent Delegation of Chile to the Uniteil Natlons Office enal other International- Organizations at Geneva preeents its conpliment E to the Secretary-GeneraL of the United NationB (Division of Ilsan Riehte) antl hes the honour to inforn lrin that, up to p Februery 19??, the Goverdnent of CbiLe had reeeived 68 applieations for permission to return to the country from persons vho hacl left by seeking asylum or und.er an expulsion order. 0f the 66 requests for readmigsion, 28 have so far beeu grented antl a furt'her 28 are und.er stuity. A list of the persons concelned is encLoseil. The Pernanent Del-egation of qhiLe, trusting thet thiE infomation will be ueeful and receive appropriate ett ention fron the Counissloa on Huoen RiSlrtg and the Ad Hoc Working Group, takeg tbis opportunity to renew to the Secretarlr-GeneraL of the Unitecl Nations (Divisionctr Hunan Biehts) tbe asaurances of itE higbest consideration. 1. Requests bei.ng stu ABANDA DIAZ, RENE JUAI] BOBILI,IER CAMJS, SENGIO ENRIQUE GUSTAVO BNAVO IBANRA, DAVID TII'MBMTO CASTILLO VDI,ASCO, JAI}iIE CASTRO CANALES , i\iAIrUnL ALFoNSo CASTRO OLM, i.{ABrtUS CANDH{AS AGUIRRE, JA]ME 8AI'{ON CI{AILLAT GOMEZ, ROSA ESTES DABND SUMAN, JORGE DOMB SCOTT, WASEINGTON GROVE I4IEANDA, RODRIGO AMARO CROVE IqIRANDA, GUII,LERMO I'{ANMADUQUE GUTIERREZ GUTIERREZ, NIVIO I{ECTOR JAfrA GIRON, EFRAIN IVIIGUEL LOPDZ MIRANDA, },{ARIA VERONICA -268- oRESTIjS oLMRIS, R-AUL PAIACIOS AMYA, I,UISSIS D}II, CABI{EI'I- PANMU TEJOS, S]IRGIO EDGASDO PnfrALOZA ROJAS , JUAr'rA D5L CARI,{EI{ PEREIF,A ITAVAFRO , LISA RA],{IREZ ],IIiIZI'IAYER , GLORIA SYLV]A REPETUR CASTRO, UJARILU ]]I,trLIA NXPETUR CASTRO, EPJ{ESTO ANDBIS REPE?UR CASTRO, CAROLA DNL PILAB ROUBILLARD GONZALEZ, SXRGIO BOMO DN ORLSTES, IISE SILVA IVIORENO , IJAX]A TISESA TRUJILLO CUITIfrO, AdTOI{IO SEGIJNDO 2. Requests approved: LDBEGUT CUBE, ROBERT EDOUASD ToBAX FEBI{AIIDEZ, LVCIA DEL CARI'IDN CATEPILLAi{ CLARIS , IT,IARIA DUGEIIIIA y su hiJ a TANIA AIEJATTIDBA zuGA VASQUEZ " r,jARIA RntsEcA SARRIONUIVO LLIIAIRI, MI-{CY EDEU,,,II8A YOVAi{OVIC PRIETO , JAIl,lE VALDES BARRIEI,ITOS, ALEJAIiIDRA I'IEI'IESIA BARRIqVTOS VENA" BITTY BARRIInITOS VERA, ALIjJAiIDBO BARRIENTOS VNRA , ANA I,{AR IA oIARZUII AGUILA, UERVI XRNESTO nLGUlilA BAIIAIT4ONDES , IIAIDEMAR HEtu\IAN JII'IENEZ ABRIAGAIA, I\ERCEDI"S GIORIA ALVANEZ GONZALEZ, FFANCISCO VALENZUEIA ESPINOSA, I,IAGDA LILIANA VARGAS VARGAS, CI,AUDIO CABREFA BAI{IREZ, CRISTINA PILAE VIDAI HEUISSIIR, JAIIin PATRICI0 y su c6ntruge VIAN llEUT BOCAZ -109- R0X[n0 ANGUITA, LEONOB i.'irAR]A ANGELICA },IALUI( DiJ COSTA, VIRGIIIIA SOI,AR DORDOVA, GUILLERMO IIEFRERA SALINAS " PABLO JAVIEN CHACON DIEZ, I{ONICA SANDRA FRIAS QJEDA, RNNE AIruI4ADA SANCHIJZ, ALFREDO AUGUSTO ROCHA V]DAL, ORUTA DEI PILAI OREI,LAI\A CASTILLO , GU.A.COLDA ISAURA , e hiJ os JOFGE Y VER0NICA OBSEAI OREL,LAI'{A AIANCIBIA BRACCNSI , CECILIA DEL CARIVEN LXTNI,IER BUZITA 1 OSCAR HUMBERTO GOiqJZ IiRARUP , i,lAllA IUGEITIIA GUINART !iORAL, JESUS FRANCISCO LEYTOiiI SAI{CHEZ, ENBIQII! DN LA PAZ DE LA PAZ, PEDRO RM{E AI,EGRIA IIERREM, HEFNAN LUIS GOivlEZ G0I'{EZ, CARI,OS RUBEI{ PHILLIPS ANAYA, RUSSNTA ESCRIBAR LAGOS, ELSA VAS QUEZ I'IESA1 LUIS ALBERTO PAVIZ ?HILLIPS, GU]L],EBMO FELIPS r .U1iOZ DE LA P Z , AR-LS: -A IDO BEFi{ARDO 'e70- AMIAX XLWII Pasgports ttvaliil 06ll|l to feave Ute cormtrx/" Speciueu I Passport of !,1r. Anselmo Bode aoriginal: spa.nishl/ !A[m0'$0u] n$[l| $.1H,0H. ![E IlllD0 sot0,pAIt[^SAEIR"BEL,PAI$ 3 s€'i€ --- rnie-- "\1 gg722 FILIACION FILIACION PERSONAL DESCRIPTION PEBSONAL OESCRIPTION cdduraderdentidad F.k\.3. .b.s9.'...... NOMBRE DE L TITULAR ldentification Card I NA$4E OF BEARER T ^ t Nacionaridad .tti) s. S.3 .\u*ru..$g1t"1eS. . .|\w"se. \y16 v te,stez. eo\=. Prolessioa "",",",R\rnl i >s.!'!*[qirri .\t]s SIGNATURE OF BEARER Sutrer.t &!g:, otrer witnisge8 lroduced, their pasepolts-Carlos sinilarly endorsed; the folloving euthor.L zed the r:si of thelr nanel: Atberto Iniguez Fernsnd.ez, Luis VaLentin Val.encia Fer8uaon, Otto Eatuardo Becerra Schwartz. -27t- NNNEX X],IX Bando No. 107 /Original; bpsJra sn / The Chief of the Santiago Energency Zone yesterday issued bando (nilitary ordel) No. 107, announcing that as from that date no nevspapel' Journal or printeat nratter mqy be issued or imported. {ithout his previous authorization ' Iustructions a!€ also given on the procedure for alpfying to the chief of the fuergency Zone for penrission to issue pr:blications. the tert of the bando is as follows: rrBy wirtue of the powers conferred on me by A& f2'927, article 3\, ps.ragraphs (LL) and (M), I decree that: issue, publi cati'on, 1. As from today, the estabfishuent ' circulation, distribution and narketing in anJr foru of new newspapers ' journals, periodicals and printed roatter in general shall require prior authori zation by the Chief of the Ene rgency Zone. 2. Tlre ilrport arrd narketing of al1 types of books' newspapers, j ournal-s ard printed natter in general- shal-l atso, as from today' be subject to prior authori zation by the Chief of the Energency zone. 3. This bando sha11 be inplenented by the National- Division of Social Conmr:ni c ati on of the Generat Government Secretariat, to lthich the appli c ati ons shaJ-]. be subnitted. They shall contain the "espectivefoflolring information : (a) Nane of the publication. (t) Editor, director or author (as appropriate) responsible for the publication and 1ega1 xesidence. (c) Owner of the publication, vi tjr the respective deeds, should this be a body corporate. fd) tr'r FrtuFyrr.v of nublication. (e) Any other particulars specified. by tbe National Dirision of social Comwrication.rr -)'t2 - ANNIX I Note verba.le dated , I{aJ l-977 from the pernanent Mission o! llfl]l-e to the United Nations Office at Geneva addresser to Lhe Se cret ar.y-ceneraf /6-ri gina.1 : Spanish/ The Permanent Delegation of chile to the united Nations office and other rnternationaf organizations at Geneva presents its compliments to the secretary- General of the united llations (Division of Huroan Rights), ard has the honour to enclose herewith copy of the statement made by the Minister of the rnterior of Chile on 11 March concerning the social action policy of the Goverrnment. The statement by the lr{inister of the rnterior reveals the efforts which the Goverrrnent of Chile is making to put an end to extrene poverty and to hel-p the most needy sectors of the population, with special- emphasis on child.ren, women. and riorkers . Trusting that the enclosed information wiL]_ be useful and vifl be given due attenti.on by the Conmissi.on on Hunan Rights a.nd the Ad Hoc Working Group, the Permanenl DelegaLion of chife takes this opportunity-Ti-IEnen to the secretary- General of the united Ifations (Division of H,man rights) the assurances of its highest consideration. STATEMENT BY TTIE MINISTEF OI' THE INTERIOR ON THE SOCIAI ACTION POLICY OF THN GOVERNMENT v!,oII{9 h/ Your nxcel-Iency, president of the Republic Menbers of the llonourable Government Junta l4inisters of State Generals and Adrdral-s Under-Secret ari es r have been specially requested by His Excellency the president of the Relublic to give you some information on ttre more inportant aspects of the social action policy which the Government is carrying out through the various d.epartments of tir.e public adninistration. In the course of the administrative yeer fr'om April 19?6 to March of this year, a r0aior step forward has been taken in strengthening the polieies of co-ordination designed to determine and define natters relating to socia] development, which is taken as encompassing the goafs and obJectives set for every social sector and uinistry, and the fiefd of social action in the sense of thl specific programmes of action deal-ing with those aspects that most influenee the well--being of the peop.re and of the lower-incolle groups in partieular. The Social- Council of l{inisters has regularized its activities, and its normatlve d.ecisions have been beneficial, especially for the study of such important matters as budget prografining and the planning of short- ard. medjum-tern activities in a co-ordinated and responsible fashion. The National Social- Ca.upaign, which vas launched in 1975, has add.ed some nev progranmes, and has al-so succeeded in making appreeiable iroprovements in the ad.ministrative activities of a number of services in the course of the year. It has thus been possible to regulate the natural process of expansion in an efficient and appropriate nanner, pa:'ticularly in the sphere of action of the l{ational Healtn Service, School- Grants and Scholarships Board, the I(indergarten Board, the Advisory Council for Social Development, the Social Welfare Departaent and the nunicipalities. The nost ixnportant prograrnmes, which have conlinued to iroprove on their plans of vork, are as fol1or,rs : A. NUTRIT]ON PROGRAI'{MNS 1. Supplementary Food Programme This has been organized to provide the necessary calories and proteins to children und.er 6 years of age and to mothers belonging to social groups ',vhi ch are 1iab1e to suffer fron nutritional deficiencies. The programe has benefited the foJ.lowing groups in the proportions indicated: - unweaned babies !l per eent - lre-school infants 85 per cent - roothers and. pregnant women 80 per cent This bas entailed the distribution of 32 million kg of nilk or protein mixtures during the year. At the prices prevailing at December 1975, this iten alone cost 1,120,000,000 pesos. ?. School Meals Programme This is carried out by the School Grants and Scholarships Board, The inltial coverage of the prograxrme, as dictated by the funds available, was 250,000 school lunches and 7l-0,000 breakfasts. Through changes in the system of purchasing, supply and d.istribution, and constart adninistrative controJ-, particularly by the Secretary-General of the Boaxd.' the Office of the Controffer-General of the Republic a.nd the Regional Intendancies, the initial coverage was extended to 390,000 lunches and 1.1 uillion breakfasts; this represents an increase of 1l+0,000 lunches and 350,000 breakfasts. -2'tl!- The Board has had to suspend the progranme of school holid.ays and reduce the number of s cholarship-holders for the time being in order to concentrate on the meals prograrme. In 1977 " the provision of assisLance has had to be restricted by comparison vith 1976, but the Secretariat of State and Minlstry of Education I'itl- be considering possible shoxt-texm solutions. The school r0eals progra.nme recentl-y launched. a pilot project in Zone VIII involving the erlerimenteL distribution of pre-prepared. rations with a view to obtaining nutritional data on aceeptability, utilizatron, variability of fooal habits ard the cost of this kind. of meal. This revolutionary experiment vhich is being carried out in our country is the first of its kind in the world and important lessons can be drawn fron it for its application on a r.rider scale in future. 3. Chif d.-care Programe The Conmunity and Social- Development Division and the Advisory Council for Social Developnent carried out a national survey of kindergartens during the year, and found that there vere )+50,Q00 infants in need of care by the State, of vhom 150'000 required. inmediate attention. fn view of this situation, it has been necessary to revise and restructure the ad:uinistrative policies of the Kind.ergarten Soarcl, in order to redirect the assistance it offers to the lower-incone groups. The number of cbildren car:ed for has risen fron 25,000 in I97 5 to 33,253, vho are looked after in 365 kindergartens. Coverage vill shortly increase to \1,OOO, and it is hoped that L05 kindergartens will be enfarged. in the course of the year. B. LOW-COST HOUSING PROGRAMME In 1976, Cormunal Housing Conmittees vere set up for the first time, unaler legislative Decree No. 1088 of 19?5. The targets of the general programme were as follows: (a) with CHC funds 2,359 dvellings r,ol> uroan estar es (b) with contributions frou MINVU _LU, lO) dwer-Langs 1,\95 urban estates The tar.cctq anhiFvad vere as follovs: Wi.th CHC funds 2,599 dvellings 2,'175 rrban estates Wrth contributions fron MINVU tr r >b4 dwe-Ll-rngs 5,252 t;o"ban estates -275- The 5 per cent tax on coinmerce and industry for housing purposes yielded 261+ nilfion pesos, and allocation frou I{TIWU a:nounted to 503 rnillion pesos , The averaae national cost of a low-cost housing unit was .-r-nv i mofa l rr 52,o00 pesos. The largest expend.iture of funds derived fron the J per cent housing tax vas (10'3 in Zone I (97 r:er cent) ancl smallest ',ras in Zone XI per cent]. C. COlll{JltrITY EQUTPME}IT FROGRAjt'IE 1 SupFli es As a resul-t of action by the Department of Ind-ustry and Trade and with \9 Aucos (rnobile assistance fron the Priva.te Corporation for Socia.l Development ' shops) have noi,r been placed in service (37 in tne lietropolitan Zone and 12 in the nrrtivino Znnes)- Tris ic 6^rri"e-ant fn lOo ner cent atbainment ol' Lhe target set. Provision of this service has helped the lolter-income groups considerably by -edrrnin.- nrieeq and nrnrridinq i.l-e bpsic necessities at hiqher standards of hygiene rn'l n,,r] itv' il- is elso an effective nethod of conbating black market activities. 2. Ooen Centres (Centros Abiertos) I'he Comnittee for comnunity Aid, vith the co-operation of the I'iinistry of the Interior (through the regions, provinces and coffounes ), established and inaugurated in the course of the year 3? open centres, that ?rovide food for pre-school chj.ldren who do not receive this kind of assistance from other institutions. The average nr.mber of children cared for by each centre is 350. The FiISt Lady of the iilation, Ir{rs, Lucia Fli.riart de Pinochet, and the l,rives of l"tinisters, Intendants, Governors and layors have made a.n outstandini conLribution to rhis prograrne, as have 3roups of vomen volunteers and public and private charitable organizati.ons. Approxiuately 10,000 children are nov being assi.sted through the Open Centres. D . MIITII JI'l EI4PLOYI'IEIT PFOGRAI'4I{E ( PEI'{ ) 1. Tn I'pril 1975, there were 139,000 persons r,rorkin3 for PEI'{ (lzt'oOo men and 1)+oOOO uomen, at a subsidy of 353 pesos, r/hich represented a monthly investment of 58 rnilfion pesos, including 15 per cent inputs). By lebruary 197?' the nuber of workers had risen to 2f?,000' and the subsidy !,ras 660 pesos, or a total nonthly subsidv will investr::ent of 16i+,T milfion pesos (including 15 per cent-inputs). ,The be I'eadjusted to TOO pesos this monLh (an increa.se of 6.6 per cent)' 2. This progranure is bached up by a food progranme for four Zones (I, IV' VIII and. the l4etropolitan Zone), through which 2OO,O0O rati.ons r"rer e distributed in April 19?5 and 312,000 rations in December of that year. -)7(,- .-.i+h |!-^ A -^^^a, l.^, fntay^of i^hql Also in Decenber a new agreerilent -.^^rv d,s sri_rrru^..'--^: rlbqrrLJ rwr DevelonmenL (/ID) to exteni- the food pro8rarnne to cover nine zones (r, rr, III' IV' y, VI, VIII , IX and the l{etropolitan Zone), beglnning with a basic issue of 25O.OCO r^ef.in'.c ir' lnril nf ihiq vear (l+.77 kg of food at a per capita cost of l)US 1 per ke ) . 3. In the lietropolitan Zone and ln Zones V, VII , IX and X, traj-ninE schemes for PEI{ l.rorl A total of 3BO projects \,Iete submitted, of which 35 vere financed by conmunes throughout the country. These proJects are now in their final stages and have been of ,-enuine benefit, particularly in the aree of lubLic hea-Ith anu in providin; etectric Dorrer, se\rer systercs, drinking lrater and other essential facilities for sma11 connunities. 5. During the adninistrative year to rrb.ich this report refers, PliI'I activi.ties in the comunes receivecl constant injections of funds for special progranmes lrith an i;lportant social content such as the esta,blishr:ent of Open Centres to provide meals, repairs to policlinics, the nrovision of sanitary facilities, aid to centres for the care of persons suffering from malnutrition, etc. Altogether these have represented a contribution of ]65 milfion pesos to the budgets of the co nunes. To these nust be added the activities which PnIl is carrying out in support of a nunber of bodies such as the Kindergarten Boa.rd, the Schoof Grants and Scholarships Board" the l\jational Health Service and the colnmunes. Investment in PElf, including inputs and subsidies, anounted to 1,332,o00,000 pesos between April 1975 and i4arch of this year. Acco.dinc bo n reoorf ic.r'rFrl l'v +hA nf Fi/.p of Lhe Cont ro1ler-Genera1 of the Republic, this amounts to approxi,lately 51 per cent of the budgets of the conmunes. The l,ro5ranme he-s entailed careful planninE, pro;ra;r,nin; and control by the r4inistry of the Interior and also by the Regional Intendants, Provincial Governors and fiayors. 6, Special nention should be made of the Plan for Access Road.s for mainland Chilo6 ancl 4ys6n, vhich is sponsored by his lxcelfency bhe Presioent of the nepublic and vilf have an immensely important effect on the developnent of Zones X and XI +l-F helnino to hrinz thcce vAql .,nrtc .f nrrr tcrrito*.' r wsrJ ih+^riivv 'noinsi.reer. nf national Droaress. There are nov 3,000 "l'lobilized liorkers'i rrorking in this area and preprarations are being na.de to add another 7,000 through Lhe iililitary \/ork Force. The necessaly plannin5 and lrograrrnrin4 is bein5 carried out by the Army xngineering Corps, vich rrhi.h f.hp 'jinictrrf nf rl-e Tnl.erior h=s qn a-reerenL foT thc adninisLration and supervision of these a"ctivities. lro.rr December 1976 ta llarch of this year, 23 rnitlion pesos have been spent on inproving the installation and equipment of camps for the workers. 7. Other speciaf Pni.{ prop.rarmes l'l-is currently playin6 an irloortant fart in the fol-Louing special proiects: (a) q-ttlement of nart:inal corrynunities Franrretinns qrp t'air- rrp,,lc in San'i2,'^ fnr ths transfer ol 500 falcilies fron the ZanJ6n de 1a Aguada district and their settlement i.n the Corutune of Fon Bernardo. They will be provided r+ith sites, hous i nE, electTic 1ight, drinking r,rat er and se\terage at a cost, so far, of 15 niflion pesos. The total cost wil.L be about 35 niLl-ion pesos, and Lhe Droject vil1 be conpleted in Serternber 1977. (b) Rural deve-lopment Ri-Llaf devefopment in Zone IV with provision of assista.nce to 3'500 families and th. alplica-Lion of different systelns of support ior tnis type of prograrnDe in Zones VI, VIl , VIII and IX. (c) Sociql a4d civic acli1qflqs Social and civic support activities for the benefit of lower-income corn:runities and, groups ha.ve been undeltaken through the Regional Intendancies with the narLicipation of the pub-Lic services, the Arned Forces' the coumunes, the priwate Cornoration for q^^ipt na,,at^nraht cnir +.he PFll llorkers. (,'1 ) P*nwisinr nf nirlmun facilii.ies ir r:'iroinal setrlemenLs 1lelp has been given to [O rne.rginal conmunities to acquire the minimrm facilities and services ( arinf (") Assisf.an(.a i.n t.he C^-'^F-+;^- .^, .h l I 'l ,frition Assistance has been given by the comrnunes and the Corporation itself for the establishment of l-5 Child Nutrition Centres. (f) Open Canteens ?he construction and equipment of Open Canteens in roarginal settlements. continuabion of this progra.nme wil-l result in the establishment of 15 additional canaeens. r(N I'his is a condensed account of activities undertaken through the Pitll{ between 19'f6 and the present date, -274- Your llxcellency, President of the Republic l{embers of the Honourable Government Junta llinisters of State Generals and Adrnirals Under-Secret ari es You have iust heard a very brief report on the main social velfare activities unalertahen by the Governnent as paTt of the strugeile to elininate extrele loverty. As you trill have realized, the progra:nrnes have been technically pfanned to benefjt certain sectors of the population in accordance r'rith their needs and requirernents. Hoffever, apart from the specific pl-ans for social action, vhich are mainly aimed at children and young people to rfhom the Government nov has to furnistr th-- essential means of subsistence, ve are a\,rare that the plans and prograrues do not yet constitute the whole of the Basic Seheme for Integrated ]'trationaf jlocial Develoorlent vhich we are tirelessly seeking to establish for the benefit of the people in general, by whon it is eagerly awaited. SociaL developuent cannot be dissociated fron economic conditions ln the codntry ca fron our philosophy and doctrine. Our viev of social developneni is closely linked with the great Policy of the State which j.s our guide and mentor in our efforts to achieve our goals and obJectiyes. !.tre realize that, in the eountryrs present situation, social neasures are the heart and essence of political aetion. It nay be for Lhis very resson that those r,/ho refuse to accept the chan;F: which tbe iJation requires in order to survive are striving to prevent the people, snd especiafly the nost und,erprivileged groups, from receiving this assistance. rle are clear in our ovn ninds that it is not enough tc implement sectoral social policies in isolation" and that no progranne, hovever sound it may be, can be clivorced fron the social cond.itions prevailine and the objectives we have set oulselves. tr,re are al-so ar,rare that it is not sufficient to advocate the achievement of certain goals if these are not sufficiently well understood a.nd Lccepted by the n0ajority of the people. lle must realize therefore that our first task is co ury and- bring about a chan4e in the nental oublook of the individual and of society as i" whoJ-e. Jn endeavourint to construcL an Tnte6rated and Parlicipating Socjety, in vhich r11 r'lenbers vill have the same onportunities and duties, \re tnusL obviousJy d.irect the bu-lh of our resources, means and efforts tovards helping workers, wornen and children. This is why the activities that you have been informed about are essentially designed to assist those whose true destinv is to serve the latherland. Sahti.o. ll l"4qr.h IO7? ANMX IJ to the Secr€talT -General 7|O_o"ig-i"a1t Spanish/ ltre Pernanent Mission of Chile tc the United Nations office ard other international organi zations with headquarters at Geneva presents its cc,mplinents to the Secretary-General of the United Nations (pirrision of l{Drlan lights ) and has tbe honour to refer to the situation of varior:s trade union orge,nizations mentioned in the report subnjtted. at the last session of the Commission of Hr:nan liglrts by the Ad Hoc Working Grou! establisheal to inquire into the present situation of hrean riglrts in Chi1e. ftre report of the Working Grcup (E/CIIll+/P-2r) devotes chapter V to the free dom of association, slrd states that I'Ttre vithdraval of recognition of the legaI personality of trade unions has been inereasingly denounced. and critieized in recent rnonf.trs in Chile. The Working Group has been inforne tl that the foUowing trade unions have been affected by these neasur"eg: (a) Sind.icato Profesional de Elop1eados de Estaci.ones de Servicios Agritec ' Ltda.; (l) Sindicato Profesiona"l" de Empleados Particulares y Obreros de Boclegas lleir Scott S.A.C.; (c) Sindicato ProfesionaL d€ obreros de 1as Fdbricas de Subproductos ale Matadero de Santiago; (d) Sindicato Profesional d.e Enrpleados Linotipistas y Tdcnicos de los Diarios EL Austral. y Gang de Temuco de 1a Socieclad Periodistica del Sur; and (e) Sindicato ProfesionaL de Obreros Electricistas de ta Provincia de Linares. The Goveffrnent of Chile iieepJ-y regrets tbat the Ad Hoe Working Group did not consul-t it nuch earlier, sincen had it done so, it would hs.ve had a ful1 a.nswer to the malicj.ous reports it is receiving. fhe situation of the above-rnentioned. organi zations is as follorts: (a) Sinclicato Profesional de EmpLeados d.e Estaciones d.e Serrricios Agritec ' Ltd.a. , Quinta Nomal. On terrainating its activitj.es on 30 Jr:ne 19?2' Agritec. Ltda. requested the Ministry of Labour on 23 April I9?\ to dissolve the corresponding trade r:nion organization. I In this connexion, and in accordance with the provisions of articLe \02 of the lJabour. code, the above-mentioned trade union organization aras d.issolyed on 14 May 1974. The liquidator appointed was replaced on 1 September 1976. It should be nentioned. that the staff were re-enrployed. by Gildeneister S.A.C. (b) Dindicato Profesional de Eupfeados particulares y obreros de Bodegas Weir q^^++ q l n During 1970, Weir Scott S.A,C. went bankrupt. !.oI this reason ancl under the provisions of article l+02 of the Labour code" a request to dissolve the trade union organization l^'as nade to the Ministry of Labor:r on 31 June 19?6. It r,ras dissolved on f5 Septerob er 1976. (c) cato fesi d.e d.e Matadero de Santiago, Santiago. During f973, steps rl'ere taken to close the Santiago slaughterhouse, as a result of which the trad.e union was teft without members and its acti.vities r.rere suspended. As neither its reacti.vation nor the incorporation of nev menbers 1,lras possible for the above reason (the closing of the slaughterhouse ) a request to dissol-ve it vas rnade on 3 September 1976. Under the provisions of article l+15, paragraphs 2 and 5" of the l,abour Code. the tIade union was d.issolved on L5 September 1976. \o, The actiuities of this trade union had. been suspend.ed. since l_959, after which d.ate it had on-ly 10 roembers. For this reason and und.er the prorrisions of article 415, paragraphs 2 and 3 of the Labour Cod.e a request for tlissolution of the union vas nade on 26 August J-pJ6, The trade union vas dissolved on J DepternDer -19 rb. (.) Sindicato Profesional d.e Obreros ntectricistas de ]-a provincia de iin I'or reasons of convenience, the menbers of this trade union Joined the Sindicato ProfesionaJ- de Enpleados ?articul-ares y Obreros d.e 1a Conpafria Nacional de I'uerza El6ctrica de la provincia de Linares. tror this reason the trade unionrs activities vere suspend.ed f"on 1967 onwa?ds. Since it was impossible to reactivate the rmion and und.er the provisions of article l+J-5, paragraphs 2 and 3, of the Labour Code, a request to dissolve it was made to the l.{inistry of Labour on 25 August l-9?6. The trade union rnras dissolvecl on 3 Septenbe r 1976. The Working Group goes on to state: t'Moreover, it has been reported to the Group that on B November f916" LT trade r:nions were dissolved in various nor+d a^"-|-.' ll ^+ 'l.}]a In this case, too, the Government of Chile regrets that the Group d.id not -O^ consult it about this in time" since, had it done so it vould have obtained a fu11 answer with regard to the situation of these organizations. fhe name and. situation of these oreanizations is as foLlows: I 4., b1no]- In Distribuidora Socied.ad stTibuc Conuna d.e Santiaao. The pronotion of several of the company's workers to the category of salaried emlfoyees lefb the trad.e wrion rith only .10 members. tr'or this reason and under the provisions of articLe 402 of the Labour Code (at least 2! members are required) a request for its d.issolution was made on L\ Septenber 1976. The trad.e union was d.issol-ved on 27 Septenber 1976. (l) Sindicato Profesional d.e Duefios de Establec irni. entos Comerciales del Mercado de San Fernand.o. San tr'ernando. The actirrities of this trad.e union have been suspended since l-968. Since there was no interest on the part of its nembers to reactivate it' and under the provisions of article )+t5, Ito. 3 of the Labor:r Code, a request to dissol-ve it was nad.e on 10 Septenber 19?6. The trad.e ruion was dissolved on 28 September 1976. (") Decree No. It33, of 2? Septer0ber l-975 which is included in the list publisi:ed in the Diario Oficial of 5 November 1976 raodifies Decree No. 3Ol+, of f5 June 1975' issued by the Under-Secretariat for Labour, which provided. for the dissolution of the Sindicato Profesi.onal de Eupleados y Obreros de las Rad.ioemisoras Particulares de la Provincia de Atacana y Coquirnbo, only in the fact that it appoints labour inspector l4iss Maria So1ed.ad !'ern6ndez Saavedra as liqrridator to replace labour inspector Mr. AleJandro Labarco Gonz61ez. A request to dissolve the above-oentioned trad.e union was made to the Ministry of Labour and Social- Security by official letter 2481, of 1 June 1976. The Ministry of Labour was requested. to dissolve this t?ade union because its activities had been suspended since l-971- and it did not have the number of members required und.er the prowj.sions of artieLe \L5, paragraphs 2 and. 3, of the Labour Code. (d) A reouest for dr'ssol,ution of this trade r.rni.on r^ras load.e to the Ministry of Labour and Social Security on Io Septenber 1976. lts activities had been suspended for nore than tvo years, since it had only 18 members, i.e., fewer than the number required by the 1alr, and there vas no interest aaong its members to reactivate it' Secause of this and under the provisions of article )+15, paragraphs 2 and 3, of the Labour Cod.e, it was d.issolved on 2? Septenber 1976. (.) Si!{L!!qEq Incluslrial de Ia Cordpafiia Minera santa F6, d.el- Departamento de Ovalle. Conuna de 0va11e. A request for the dissolutlon of this trade union was made to the Ministry t... -283- of Labour and. Social Security on 2l Septenber 1976" the union hawing been inactive and. vithout menbers since 1966 when the parent cornpany eeased work. For this reason and r.:nder the prowisions of article 202 of the Labour Code the union was dissolved on l October 1975. (r) Dr:ring 1971, Conponentes Electr6nicos Societlad An6nina noveal to Arica, leaving only a snxal,l- office in Santiago with eight persons who were not trade union nenbers. tr'or this reason, the activities of the trade union were suspendecl, Under article l+1J, paragraph 3, of the Labour cod.e, d.issolution of the union was requested on 23 Septemb er 1976. This ruas approved on 1 October L976. (rr) The nenbers of this trad.e union becane affiliated to the Sindicato tle Dueflos de Taxis tle Linares, and the activities of their organization were tberefore suspended as from January 1973. For this reason and under the provisions of article \l-!, paragraphs 2 and 3, of the Labour Cotle, a request for dissolution of the union vas maale to the Ministry of Labour on 28 Septerrber l-973. The union was d.issolved on 4 October 1976. /i \ The dissolution of this trade union organization was requested on 28 Septenber 19?6 since its activities had been suspended since l-970 and its nelnbers had. becone affiLiateat to the Sindicato Profesiona] de 1a Sociedad Periodistica "La Prensa". Und.er the provisions of article l+I!, paragraphs 2 and 3, of the Labour Cod.e, this trade rmion vas dissolved on l+ Octoter 1976. \J / fesional de cultores d.ef a.nento de Fernan The activities of this trad.e union have been suspendetl since f966, and no budget has been submitted nor eny neeting held. Tts nembers had not paid their dues since L95?. They have becone affiliated to the Sindicato de Enpleadores Agricolas l4anuel Rodriquez, in San Fernando, constituted under the provisions of I'a'n J:6.62r, For this reason, a request for dissolution itas nad.e to the Ministry of Labour on 28 Septemt er f976; it was granted on )+ October 1976- (r) The activities of the Molino Nancagua whi ctr vas .Ieased by the Sociedad Molinera Nancagua y Maipo Li.nitada, came to en end in September 1967, when the prem:ises were destroyed. by fire. Since the corpany had disappeared, a request to -284- dissolve the trad.e union vas riade to the l{inistry of Labour and its dissolution was decreed under articl-e l+02 of tne Labour Code on 4 October 197b. (r ) ato Profesional de The activities of this organization have been suspended since 1967' tr'or this reason a request for its dissolution was made to tbe l'{inistry of labour. Under the provisions of article Lf5, paragraph 3, of the Labour Code, the trad'e union was dissolved on \ October 1975. (n) Sindicato Industrial Sociedad Constructora de Viviendas lcon6nicas Tablestaca Limitada " Comuna de Vifla d.ef IJar. The d.issoLution of this r.rnion was xequested on 28 Septerrber ]976, the Socieclad Constructora Tablestaca which served. as its base having been declared bankrupt in 19T0. The trade union was dissolved on )+ October 19?6 under the provisions of article 1+02 of the l,abour Code. (n) Sindicato Profesional d.e Particulares de Turismo !' Conwra de Santiaso. During l-g?l+ a number of nenbers of this trade union resigned fron their Jobs. rtTurismo In the ssme year the comp€Jly changed its nane to de1 Cobre SArr' At that time it enployed only persons. Since the company did not have the nutrber of emp.loyees required"".tutt by lalt for the constitution of a trade union (25 persons), and under the provisions of article 415, peragraphs 2 and 3' of the Labor.rr Cod.e, a request for dissolution of the r:nion was nade on 28 September 19?6. The trade union was dissolved on L October 1976' profesional de Santiago (n) Sindicato de Ind.ustriales en Cerdos del Matadero ' Conuna de Santiago. Dissolution of this trade union vas Tequested on 28 Septernbel 19?6" its activities having been suspended since Decembet ag71 Under the prov-isions of articte l+15, paragraph 3, ;f the Labour code' the trade union vas dissolved on 4 UCtOOer rylo. (o) Di.ssolution of this trade union l'as requested on 29 Septenber 1976, both the hospita] rnrhich served as its base and its staff having been taken over by the National Hearth service on l- April 19?3' The trade union was dissolved under the provisions of article \oz or tne Labou code on l+ october t9T6' (p) Sindicato Profesional, de lvlatarifes, Talcahuano. This trade unionts activities have been suspended and' it has been tithout members since 30 Jr:ne 1974 vhen the Mr:ni cipal- Slaughterhouse of Talcahuano was closed" I'or this reason, a request for its dissol.ution was nade to the l,linistry of Labow on 2! septenber 1975. The trad.e union was dissolved on B october 1976. The Permanent Mission of Chife requests the Secretary-General (Division of Htman Rights) to conmunicate the present liiote to the president and members of the Ad Hgc working croup of the connission of Human Rights established to inquire into the present situation of human rights in Chile, and to the menbeTs of the Connission, and renews to the Secretary-General the assurance of its hiehest consideration. -285- ANNEX LII TFItpr dFfF.t 20 Anril lO?7 frorr ir.Ada rni,]n laaders LO the President of the Republic of Chile and attached document "Analysis and aspirations of the workers of chile /or rBrrrdr. ul,4!rf sh/ Santiago, 29 APtiI 1977 We, the undersigned trade union leaders, representing the trade union organizations which supported the that a cerenony be held to coamemorate Labour Day - a request whlch was refused"equest by the autborities for reasons vhj.ch l'e und.erstand. - respectfully submit to you a document prepared by a specially appointed conmis sion represent ing the above-nent ioned organizations. With the frankness !,rhich characterizes the language of the workers, and l,Iith absofute loyalty to the offices lrhich we ho1d, ve request that you consider, comprehend and ad.opt the necessary measures to solve the probl-ems affecting us, and that these measures !d11 guaraotee the fairness and justice trad-itional- in your high position. We are open to dialogue vith the supreme authority of the nation; ve await r'rith faith and hope your decision on the matters vhich ve have ventured to bring to your attention, for the good of the country, the workers and a.ll- Chileans' Ricardo Lecaros Gonza)-ez President, tr'ed. ltrac. de Sind.. Metalfirsicos FENSIT'IET Juan Sepulveda l4aleran Vice-President Fed. Nac. de Sind. Metaldrgicos FEIISI"IET Presidente Sind . Profesional IENSA-I4ADEI'ISA Fernando Bobadifl-a Pisani Fra ANALYSIS ATD ASPIRATTONS OF TIIE V,IOBIGRS OF CHILE AFTER 44 MONTHS OF MILITARY GOVERNMENT lNTRODUCTION luriginal: Spanish/ I^Ie should have liked to state publicly - in a ceremony whieh was not authorized." for reasons qhich we respect - the reason for the ceteblations on 1 l4ay is not that man works. I4an has been vorking since the beginning of history. !trhat that day commemorates is the reality of tbat far-off day in Chicago in 1886 vhen, fighting fot' their legitinate rights during a gene"al strike, the workers, represented by the trade rmion organizations, helcl 8. d.enonstration. lhen as nov, their rights were denied by c1ea"1y defined grcjups and interests. Four fallen workers symbolize that event: Parsons, Spies, l'isher and Engel. ?hey and many others are present vith us. Every year on 1 l4ay, we feel the brotherhood of all those who nake the vorld what it is through their work ' This is tfre day when, as in every other country in the uorld, the Chilean worker thinks of hinself, his living condj.tions ' his hopes" This is the day when we set ourselves great taskS in ord.er to give better service to a1]- chileans. This is the day when we voluntarily accept new sacrifices so as tc hand. dovn a more hrnan and more worthy cor.rntry to those who vilf succeed us' when we rest ou.T arms, or when we can no longer blaze nev trails or produce food in abundance . For this reason, on this I l4ay, ve would like to speak about being Chilean' ve llouJ'd J.ike to speak about nationality. VJhich people constitute the nation? so many people spealr in its nane ! so nany wfite about it! so rnany have tried to invent it more than once" generally vith the backing of foreign id.eas and money: So nany have interpreted it in the light of the latest trendy philosopher ox technocrat, vtro is not acquainted. vith or interested in, our fate! what do those ffho were here before the first speniartl a"rived. say about our nation? What d.o those vho have always gatbered the fruit of the eafth vith their hands say? What do the Chj.le€n people say - this entity rrhich always lived in this 1and. will never leave and vil-l always be there, those who are not alarme'l because there" is no "foreign investment", because they bave always been allowed - through their vork - to feed. and clothe all Chileans, those who have never seen themsefves in terms of strange theories and technocracies because they do not kno$ themselves fron one generation to another: the long-suffering, the worke"s, sinple and loyal. These are the chilean people, a,nd the people define thenselves through their productive and. constalt vork! t -2BB_ llo bart, :ro financiaf institrti.on, n,J rnonetary trend. can make 3 sinlle srafk of wheab gern-inate. burlo a bridgc o.r move a ship, without the intelli€enL pover of hruran labour: E-rrt, if necessary, labour can do vithout money: For this reasorr, any theory, strategy and/or policy based on money as the protagoniiL in eri pr.rpose of the cyeative acLivity of the peopJ-e, is anti-hunan, because it restricts the creativity of the nation solely to those activities which produce a cancelous and .because insatiable growth of money for its ol'm sake. Moreover, it humiflates man" it hurailiates the worker and thus humiliates and mutilates Chile as a creative entity. Ar heart, increfore, the nation is the expression of the people, L?r"ough the many d.ifferent forms of work. The nation is not the land.scape vhich ve constantly transform with our hands. The natlon is the memory of vhat we have done vith our hands and ouf. ninds, that is, the fruits of our labour in peace and in war. This memory is of collective vork, and from it arises the hope of what we can sti1l be and what ve can dor we are sure that we sha1l d.o it if we trust i.n our native 1and, that is to say, in the people, in ourselves and in our worli. To be nore accurate, ve should say that if a country is noulded by the historical rcrivjr-y of a people, and this activity is labour - constant, sinnple and silent, the destiny of the nation is directly l_inked to the d.estiny of organized labour. The nation defines its identity in terms of how and to what extent the workers are organized, what ttleir aspirations are, vhat they propose and what they offer. Thus, the greatness or kf"etchedness of our country's destiny is very cLose_Ly linked to lhe irnportance, freed.on ancl possibilities of participation in organized labolr - a basic agent of nationality, which is pxesent and in the future. There is no other basic criterion for asceataining vhether our countty is progressing or declining, vhether it is becoming more noble or more hateful, vhether it is beconing more authentic or is fading away. The trade union raovement is the most authentic voice of the nationrs vorker and is thus the rnos1, authentic voice of the nation, I,nrat ve are going to say, however, is different, trIe shou].d have liked to say on this occasion that the farnilies of the workers aJe happy, that we all have jobs, that our riages al'e sufficient to feed. us without problems of nalnutrition, that our children can receive an ed.ucarion in conplete peace of mind., that their heatth is vel1 looked after, that ve all have possibilities of finding somewhere to live! one dwe-L.Iing for the parents, anolher for t,he sons and anoLher for the daughLers. l^le shoLld. hsve liked to say that the rrade union movenent has not fost any of ifc rjah+c r !-.+ it- ---l1crc .an mFFi. f?cat.r rt-e!. ir. uarn:n frnrcecnj- urL4L !crrLrrnei-i1-igng WithOUt -2BO- problems ' thst confl,icts exist between entrepreneurs and vorkers but are discussed with untlerstanding anal mutual and that the government authorities are listening to and support the vorkers."espect, We should also have liked to say other things. But ,.. ve cannot say this, because it would be a liel It vould be a 1ie to the volkers of Chi1e, to the who]-e peolle of Chile, to their chief of state, a Lie to al1 those who vithin and outside our. country believe in the workers of Chi1e. All- these are the rni.ninr:n cond.itions for a man to live in dignity. These are not onLy vords but the socia]- doctrine of the Church, on which the Government fundamentally bases its activity. They s,re also the words of the universal Declaration of Hr.man Rigbts, which or:r country signed in 1!)+8. Ivlany vil1 answer that these conditions have never been fuLfill-ed and that poverty has alvays existeal. This is true! It is also true that re workers have engendered children lrho are suffering from maJ-nutrition, have not attend.ed school and have lacked medical attention, and that we have been l-i.ving in shanty tovns. rt is arso true that we have achieved much. But ... at vhat a cost! How much national- history is embodied in each conquest that a€ have achieved wlth orr hand.s and our conscience, in each ner.r school, in each polyclinic, in each trade union that has been organized, in each graln that has been producedl What we are going to say is tlisagreeable. However we must be frank I It is the best service that ve can render to the government authorities," the ovners of enterprises, the rrorkers, all ChiLeans and, most inportant, our own consciences. We nust be frank vith oursefves end d.emonstrate the condition and feelinEs of the nation, r,rhich expresses itself through nany different forms of work. OUR VIE!{ OF BEAI,ITY It is a difficult task to express our feelings about the complex reality of the problems which affect us, those vhi.ch are nost coamon aflong us, and those .which are peculiar to each sector of the nation. We shalJ. refer to the probJ.ens vhich affect us in the lega1 a"rrd institutional, sociaL and economic and labour areas. These problems arise at a time r,rhen ve are poverless to ensure respect for the rights acquired with the he]'p of the present legislation, and r^'hen re are exercising constant vigilance in r:he face of the thxeat of red-und.ancy and unemployrrent. -2qo- LEGAI, AliD INSTITUTIOI{AL ASPXCTS lle should like to say that the rights of Chilesn vorkers have been respected. and. and that there is greater social justice in our country, We shou.Ld like to say that we ltave more dignity and are able to take s. genuinely active part in the ms,nsgement and achievements of the enterprises in vhich we vork. Today" however, lre cannot say Lhis to Lhe workers of Chile; on the contrary, in the period vhich has elapsed sj.nce the events of 11 Septeaber 1973, there have been many developnents vhich have shovn us that the pronises to respect the rights of the rvorkers and to establish nrat l.?r cnciel irrerina h.rrA n^i haan frll fr'l la.l h1' +hA r:^rrarhhAh t 1. SOC]AL STAfUTE OF THE XNTINPRISE A first basic fact which demonstrates the truth of our assertion is the approval of rhe Social Statute of rhe Enterprise. Tiris statute was approved ruithout consideration for our statements. The most important of these concerned the lack of participatiou in the administrative machir.ery of the enterprise. The participetion provided for in the Social Statute is merely for the purposes of information aJld consuftation, withcut any real participation in the decisions of the enterprise; our participation is thus merely of a fomal- nature and does not change the unfair and oppressive structure of the capitalist enterprise. The statute also lays dom areas in vhich information is restricted and the executives of the enterprise can give vhatever versions they vish to the l.'orkers, vho cannot d emarrd accurate and timely infornation in couprehensible la.nguage, since there is no provision for the punishnent of executives who do not give such inforroation, The Social Statute does not specify what are to be the differences betffeen the trad"e i:nion leaders and the workers' representatives in the Enterprise Cornmittee; what is nost likely is that both groups vi11 have s irnj.l-ar functions, and this r^rifl result in union para11e1ism. What is sti11 nore serj.ous is that tbe Social Statute not only fails to grant to the r^'orkers participation in the administration of the enterprise, but it forbids us to negotj.ate improvements in the structure of participation. Any imlrovement will thus depend on the charity of the entrepreneurs, and this is unacceptable to the Chilean workers. As far as profit sharing is concerned., the statute rules out any possibility of such a coulse; it should be noted in this connexion that the preliminary text subnitted by SOFOFA to the C0FF0 Conmission r,ras much more gene"ous to the workers. We cercainly regret that our desire and right to participate in decision-making and re srons ibilit ies have not been despite the Government's pronises, fulfilled, ''three-areas stated ever since the day iL ca"ure to power, to approve the project . The participation which we have been allowed is of a soulless kind since it lacks our free support; this means that criticism is impossible. -201- Without genuine participation in decision-making, there is no experience of d.emocracy and. its non-existence enabl-es its enemies to work tovarals its destruction. We, the wor'ker's, are not a nere factor of production; we a.re human beings and fu1fil ourseLves es hrman beings in and through our work. Or:r activity cannot be reduced to the nechalical performalce of certain funetional tasks' As persons ve have a basic need to unde"stalrd the neaning of our actions and. our vork, and to help to d.eterrnine them so as to be treated. vith dignity, not as obJects but as subJects' as hunan beings. This is why we clain and struggle for the right to take an active, genuine and. decisive part in the management of the enterprise. T'he mere right to be inforneti or consuJ.ted vithout particilation in the decisions which interest everyone and without any control over the directions taken by the enterprise prevents the responsible perforroanc e of the fr&ction a11otted. to every member of the cormunity of nxankind. In saying this, we base ourselves on the concept of Christian huranity r'rhich tbe Government claims, in its declaration of principles, to defend aJId promote. The social doctrine of tbe church has invariably naintained that without the true and effective exercise of responsibility, expressed through participat ion the human person does not exist. We take the liberty of recalling here the vord.s' of Pope John IQ(III in 4g!9l__9!_ggCigqg when he said that i.f the structures, operation a.nd. climate of an economic system were such that they jeopardized the human dignity of all ';hose engaging in their own activities vithin that system, or if they systenatically btunted the sense of responsibility ol constituted. an inpediment to the expression of personaL initiative in any forn, that economic system vas unjust, even if, theoretieally, the riches protluced vithin it were pJ-entiful and vere distributed on the basis of justice antl equity. It nust a^lso be said that lre vorkers have the right to take an active part in the economic and social organs responsible for pronoting economic and social d.evelopment. This pe,rticipation should. be legj.tirate e.nd representative, in other vords, chosen by the workers who vou]d be represented by means of free, secret and informed elections . To encourage participation neans giving people a cheJrce to know aJ]d experience objectives and values which Justify their work and participation in the perfotmance of collective tasks, 2. THE DBAT'T REF'ORM OF T'iIE I,ABOUR CODE A positive aspect of the draft reform of the Labou.r Cod.e is the elirnination of the d.ifference betlreen workers and employees, and the incorporation of ethical and 1ega1 sta"r:dards, such as mutual respect and traini.ng, in the labour contract. Unfortunately, the negati.ve aspects Lrhich restrict the already achleved by the workers in the cor.:rse of many union struggles are more nunerous"ights ' fhe document does not recognize the ful]. trade union freedom wrich ve demand and Ehich we lurderstand as a collective and not as an j.nd.ividual right; it does not mention the right of the trade union organization to be based on the trede union -,2q2 - conDrising members of particular professions or occupations within and outside a particular enterprise. We also desire recognition of the independence and autonorny of our trade unions, and the right of self-government through the rnachinery vhich the trade unions themselves set up, i.n order to guarantee fu11 trade union dernocracy. For alf the above reasons, we reject the changes in the present trade union structure which the dlaft reforn of the Labou.r Code seeks to introduce. Simply by way of example, mention should be made of sone provisions which are harnful to the workers and militate against labour victories already achieved. we have in nind the increase, under the terrns of aJticle l+O ot the draft code, in the nurber of hours worked weekly by some categories of vorkers, who under the terms of article 12! of the present Code work fewer hours. We consid.er inadmissible the last paragraph of articte 203 of the draft, vhich provides that any employer rrho resists a Iega1 order to re-enplolr a worker vho has been unjustJ-y disnissed, is not obl-iged to pay hiu, compensation i this obligation passes to the social security organization, vhich bears no responsibility for the arbitrary conduct of the employer. Article 207 reduces the protection of t"ade pnion authority by failing to exclude trade union Jeaders faom termination of service, even for acts or causes beyond their responsibility; in several articles the rigbt to organize a justifiable strike is subjected to undue lirnitations; the right of the trade union organization to affiliate itself to international trade union institutions is not recognized, and article 3f0, which provides that the provisions of the collective agreernent sha1l not be incorporated in the individual work contracts, is, in our view, most unfortunate, especially since the right of all workers to become members of a trade union is excluded. Last1y, r,rith regard to the right to organize trade unions, ve shoul_d like to say once more that there is no legitirlate or just reason to maintain in force Legislative Decree No. 198, the aim of vhich is to keep the entiTe structrre of the trade union novement inactive a.nd in a state of disintegration. We do not believe that the covernnent t s aim is to intirnidate and destroy the organizations vhich defend the rights of the lrorkers; it is for this reason that ve call for the repeal of Legislative Decree No. 198, uhich prevents the trade union leaders from acting as legitimate representat ive s. As long as this text stands, there cannot be said to be respect for the rights of the vorkers and the trade union orsanizations. 3" AGRAR]AN REFORM AND RIGHTS OF THE RT'FAL WORKEB The rr.]Ia1 workers join the urban .worhers in calling for respect for their rights and for the pledges given by the Honor:rable Government Junta. ?he rural workers vould have liked to say that the promises made on 5 December f9?3 by the Minister of Agriculture at that time, Don Sergio Crespo, had -?93- been kept. Ee stated that tbe agrarian reform vouLd. not be reversed. for any reason, but that once tbe progless achieved. up to that tiroe had been consolidated, the refono vould. cont inue. ^ lbe facts, honever, sbow the contlary. A J.arge number of expropriated estates, incrud'ing eatates e4)ropriated before 19?6, as is the case of the salto de conchate asentsniento (counrrne) vhich vas expropriated in 1968 and retr.rned in May 1!J5" have been returned. The esteteE have been returned vith alL the improvenents and equipment introduced. by the inhabitants of the alentalnienE, anci only in a fev cases is it intend.etl to provide compensation ""a-Tfril-6iffover a long period, Ihe estetes have been returned through COBA, by a simple admiaistrative procedure ' ancl vithout any prior proceetlings before the competent agrarian tribunal. with the return of the aee!.tgltiglgg to thei" forner ovners, the inhabitants are abantloned. to their tatel- anE-Jrril;iting and living comunity *hich Act No. 15,6\0 sought to create ie diebaaded. We shouJ"al have Liked the egrarian reforn to continue, as the Minister saicl at that tine it l|ould, but the fact is that since 1l- september l9T3 there have been no further e)cpropriations of e.ba.nd.oned. or und.er-exploited estates. We had hopecl that the ruraL trade unions nould. be given guarantees and support, but ve are confrontetl witb the suspension of tbe financing provideci for in Act No. 16 of A1:'ril 195? '625 for tire federations anat confed.erations of rural, lorkers. lbere is aleo the fect that agricultural enpLoyers are clisnissing long-teln vorkers and recruiting new workers in rotetion in orater to evade conpliance with the labour 1avs. Ihe contracts ere of tro to five nonths' duration, vith the result ths,t wonkers can be disoissed nithout indication of cause and without prior notice, nininun wages catr be paitt vithout bonuses, and norkers can be made to work overtine rrithout payment . Tod.air . the rural vorhers, unaler the provisions of Legislative Decree No. 275 of 1B Jaauary L9?l+, ba,ve 50 pel cent ot lleir wages ileducted for perquisites; this is e regressiou vis-d-vis Decree No. 2l+\ ot 1953, and neans that the labour actrievements of the ru"aL sector tluring the past 20 years and more have been nullified. lbere is nore. MeDtion shoulal be nad.e of our cetegorical rejection of tegislative Decree No. 993 of May 19?5 under vhich the sharecroppers lose their status aB agriculturaL wo"kers, acquir'ed untler Legielative Decree No. 9 of January 1968 eud Act No, J.7,510 of 19?1. Under the 1egis.J-ative d.ecree of the Honourable Government Junta, the sharecroppers also lose their legal guarantees and. protection and ninirnn cluration of the contract, vhile clai.ns concerning social security paynents by the enployer and otber matters h8ve to be subn0itted to the civiL courts and not the labour tribuDaLs, which means that legal proeeedings take longer. Ttie rural rolkers oace rtore reouest the Governnent to aive them the land in the -?9 \- forr or' acra.rir,n r. fcrm .,.-.^-or-. :'.F- '^ad t'.- '.,. -.f c ---irjl- ..,r th., lctter of Act lio, 15,6U0, and not in the form of in Laslly, i\rc support rhc vicv Lhat the aericu-Ltura.l vorkersr organizations should continue tu te governeo bV rl.- provisions of Act t.c. 16,627 and statc vorkers by Lhe Ad,ninislr3Live Sratucel ve have no desjre Lhat a 'arginr- tTade Jnion nroahi?.ti^h hn imnncrrl a-.in trtre should have 1ike,l to salr that we are halpy and can see that the status of the rural ,rcrlrer is :'mproving rafidly, but the facts poinl to bhe contrary', l/e say this, 1oya11y and courageously, because r,re do not vish '"o deceive the Chief of State and becaLse lre hoFe rhat rhc Coverlnent l,lifl rectify jts aerarian nolicy. ]+ . EIVIPLOYI,IENT TRAIi{I}IG STATUTE We, the rrorkcrs of our be-loved countr]/, vould lave f-iked to say Lo the country on tnis 1 May thab rre have a L&Lour training staLute r.rhich l-roviAes us vith integral train:'ng in the problens vt-ilh incerested Lhe r'rorkers of the city and Lhe country, but the fact is that the training and emplol.roent statute vhich has been enacted Ieaves the training of the work-ers to the goodwill of the State or the owners of enterprases. lle rural and urban workers r,rould like a training system administered by our own trade union organizations, but in fact the funds intend-ed for th€ development of tTade union training and extension progranmes are being cut off. Itie are hoping that the Governnent vil1 reconsider this measure uhich is so harmful to the lrorkers, liho vish to i.ncrease and not lose their historical achievenents. 5. SOCIAL SECURITY REFORM We, the rrorkers, would like the Government to listen to our views concerning this reforrn a-nd Lo reslecL our acquired rights. We can only reject, and request ttre nodification of" a systen of retirement at the age of 65 far men and 60 for wonen. These figures have been categorically contested by or.rr base organizations as inconsistent vith Chilean reafity" We, the vorkers, do not agree vith the system of individual capitalization because it infringes the principle of solidarily, r,rhieh is basic to sociat seculjI'y. -24 5- fL leads to the co-Llansc of thc prin,-i_ole of the adeqr.a'ly of '"he benefits provided. whose level is mr-'asurccL ailainsL t5e rea1 neecs of thc pcr"sons insured ::ith a viev to enablin6 '-lLen Lo livc In a aignifiea:-anner, The adequ:cy levels lrid dovl in article 2T eu seq. have Lhe disaJva lage ot beir6 sLrbjcctive since tlrey are determined idual-Ly accordinl, to incone lcvcls p,,c person and not according to a rprqnnrc .rl.ice+ irr- n-ade: thi,- n:ke.r it diffic-'r+ i-. ca'j Lastly, ver Lne vorKers, do not vish our fLLure to be gambled vith on the ca,pital markett nor d.o we ffish to rur the risk of losing our fund.s to the finance companies, in which we do not bel-ieve anC ],lhich we Co not trust or support. We have serious doubts about the efficiency of the systen and even nore doubts about its ethics and norals, which shoulC arouse concern also in a Government based on Christian hlmanit]'. The Government does not state or explain what rril1 happen to corporations vhich make poor investnents; nor does it guarantee the maintenance or increase of the capital omred by the vorkers, whc do not reatly participate in its adninistration since they are to be designated. or appointed by the Covernment. In this respect t}ere are nany doubts aboul the system and Lhe oerticipation of the r'rorkers in the manapenent ancl administration of their or"n funds. The Government shoul-d clarify our doubts so as to dispel tbe apprehension of the Inorliers and to listen to our opinions 3nd suggestions in this very inportant marrer. SOCIAL A]lD ECONOI'IIC ASPECTS rs d r We wish this vas the case, but we knov that it is not. The Government's economic policy in no vay interprets the thinking of our organizations and their union bases; on the contrary, rre are convinced that it is extrenely damaging to the workers I interests. I^7A hrva c^hathind +- e^v ^n r.hic crr}ri.'.-f.. tr',-]r+.I'-F^r'r l"ln.tl^s hrwc 'rasqed qinee |t'e s.-call.ed tocial flarket econony r{'as first introduced; few people knov vhat this means, and ue are a.nong the many who do not understancl, despite the efforts of the authorities to teach us' In our viev, this title obscures the serious ecor:om-ic problems which ne al:e experjencing' Economic policy is said to be the technical sol-ution to Chilers problems ' Obviously, as in any economic policy, there are ideol-ogical anal doctrinaire positions behind the model; there are nen vho have d.efined it and thus there are interests r^rhich are protected.. Ttris is indisputable. mL-.i ^ ^i+..-+.:^- - '-.'^ *painful to us. fn these l+L nonths ve have borne vith tiignity the greater and uneqr-ral share of the sacrifice requested. by the Goverment. lle, tbe r,rorkers would vi1ling1y contribute our share of secrifice if rfe knew - through our participation" - that the sacrifice was shared equitably, but this is not the case tod.ay, The sacrifice is not shered and we, the workers, have not participated in the relevant decisions, We have expressed our interest in partieipating on m:nerable occasions, because r.re believe that we are not alien to the solution of the econonic problens. We ask to be heard and to be respected.l we do not lrant our contribution to be throtn into the wastepaper basket as on other occasions; and we woul.d ].ike to be treated in the sa,nle t^tay as the entrepreneurs. T'rrrthermnra iho-..- ra €nd costs of the present Eystefi ere causing us serious . " ^-sults ia- ic ^rr, ^Li],..,-,ren I who are suffering from ltalnutrition and are if]' it is our wages thich are ins.dequate, and it is our 1'ork vhich is disappearing. EI'4P',OYMENT When ve speal: of work, ve are speeJ lvlany Chileans have no work todayi accorating to the Department of Economics of the University of Chile, out of every 100 vorkers in Se.ntiago, 14 have no work, This figure is afso valid, and equelly inportant, for the country as a $hofe, and it is.not only the persons consid.ered in these statistics who have enpl-olment problems. Some Chileans have gone to other countries to seek work; others are atorhing in the ivlininum Erployment Progra.me, which represents categorical official- recognition of the probJ.em of unemplolrment, ff ve add.ed these Chileans to the numbe" of unemployed, insteaal of 1)l ve should have about 2l out of every 100 vorkers Irho have no chance to work. fhere are stifl rnore if ve consider that the working d.ays are shorter than normal or if r,Ie t€.ke into account the stoppages for collective holidays. This whole situation contrasts sharply vith shat is happening in the noney narket which is very active and. where high rates of interest are paid in contrast vith the 10Lr wages . we, the naenbers of the ChjJ-ean trad.e r.rnion organizations, denand the creation of new sources of work, and ca].l- for the revision of the taxiff policy which has benefir-ed. only the wefl-off and has left many vithout vork. -[t is urFently necessary for the Government to develop an investment plan in viev of the historical failure of private enterprise; in order that these decisions might be taken" I"re calf for a revision of economic policy, in which the workers should. be al-lowed to participate and be taken into consideration. It is the duty of the State to give, or at least guarantee, vork t-o all the i rahd +h6 ^i+ ^f -^r.-+r'. . Today dognas must be renounced and the investments whj.ch the cou.ntry needs must be nnade, both in the sectors of production proper and in the basic services sector. t/ork should be granted to everyone. This is rhe only means of achieving a J-evel- of devel-oprent in vhich we Chjleans can live together lriLh d.ignity. F,-na se ].r{1 erp -r?+.inrr'lsrl v interester! in thc .rrr rrr.F an.1 j-.he nt|i e,. t, ive S Of Chi1e, we would like to end.orse the works of the Association of Tndustrial Metaf workers (ASII,ET): "tr,lhen we have a high level of employnent, nobody vilf be able to question the visdon of closing d or^m inefficient sectors, so that the enterprises l.oino cpl- ,,'ra.r halfa thF lJ^rl.pl.c +.1^rv nFA.l l,-r. as Chi.Ieans we cannot but feel uneasy while foreigners are given work in Chile in the production of unnecessary consuner good s. " CONSUI,{P?IO1$ AND INCOME Studies carried out by institutions lrhich roerit the greatest confidence relating to the basic ninirnum consumption of only 17 products by a fami-Ly of five give rise to serious concern about the levels of consumption and subsistence to \,rhich the great maJority of Chilean vorkers are restricted. A baskeL conlaining the 1l basic pro'-luc b s is not enough to live on; it is only enough for subsistence, despite the fact that this basket in the second I'eek of April cost 1,12J,6)+ pesos. In the sane month the rnin irnrua wage was 1,I!0 pesos in other vords, ffith the minimum wage only 58.! per cent of the basket could be consumed. To state the situation in cl-earer tems' peopl-e can afrord only enough food for 2I days a month" In order not to lose hope, it should be rer0embered that this has not always been the case. Originally the minin,r:rn wage vas sufficient for a soner,rhat bigger basket, which includ.ed. ed.ucation for the children, health and recreation. Today there are few r^rho can aspire to these benefits; the gxeat maiority of workers can hardly afford even the minimr:m basket, i,ie, the Chilean vorkers, a.Te very well aware that the econony fiiI1 only be reactivated. rnrhen the income of the most backward sectors is increased. Only in this vay r,rill the structure of national production be able to recover from its present serious s ituation. We are in fu}] agreement vith the l.{inister vho stated publicly that he was vexed and angered to see women vith children begging; rnte, the working people' are also vexed and angered by an institutional situation which makes such degrading things oossible. /".. lle therefore call for an improvement of the situation of the workers, employees, professionals, technicians and l-abourers in the public and private sectors. we want a rninimum 'rage consistent with the real needs of the Chilean family. LABOUR I,IATTERS REIATIOI{S iiITH EI'IP],OYERS ArrlD SITUATION WITH REGAfiD TO ACQUTRED RIGHTS As regards our refations vith the enployers, it is d.iscouraging to observe how in practice these relations are deteriorating day by day. fhis coul_d not be othenrise, since, protected by the suspension of r.mion activity as a result of Legisfative Decree llo, 1,998, they have taken ad_vantage of and abused, their privi.J.eged situati.on. They have placed innrunerabl-e difficul"ties and impediments in the way of trade union activity, ranging from ignoring the uions to attenpting to dissolve them. They have disnissed leaders, failed. to pay dues, and dismissed staff in such large numbers that there are in some cases insufficient workers to keep the enterDrise Iega11y in existence. IIot only refations betveen enpl_oyers and labour organizations, but also relations between employers and the workers themselves have worsened. The abuses Tange from requiring longer working days vithout paying the legal overtime rate, to the non-palnnent of benefits and rights acquired in agreements, such as compensation for years of service, and making a mockery of the payaent of social security contributions, bonuses and so on. In the construction industry, tariffs are not respected, social security contributions ane not paid €"nd diffexentials sJe not coroplied vith. Furthermore ? the ovners of construction enterprises are emporrrered to contract 50 per cent of the manpower they use rmder cond.itions identical with those of the Minimr.m Etrp1oylrent Plan" In other words, they pay no social security contributions, the wage is less than 800 pesos a nonthj and they can disniss trcrkers arhenever they wish, even rdthout justif ication. Another vay in which ovners of enterprises make a mockery of acquired rights is by liquidating their enterprises in order to form others with the sartre vorkers, who therefore lose whatever they have achieved and nay be victims of this Iegal l-oop-hole. This is occuring in the construction industry, the ruraf sector and other sectors of production. In vie'nr of this serious and continuing situation, the protection of the legal and political authorities has been sought. Hovever, hopes f&de when it is seen that, even after decisions and resolutions favouring the trade unions, the roanagement ignores them. This has occurred in such cases as the followins: Textil Pol-lali Hnos. Automotriz Franco-Chilena. Ferriloza and so on. We feel particular synpathy for the r{orkers of the Minimum Enployment Progranme, in view of their difficult working cond.itions and very 1ow wages, which prevent ttrem from maintaining even a dignified level of subsistence as workers and Chileans. -roo- RELATIONS OT THE TR4-DE UNIOI] I'{OVtr1,,1EIIT \IITH THE CHILEAI{ GOVENI{IVIENT We have been stressing the need for atl sectors of activity to parlicipate in the creation and planninS of Lhe historical destiny of the nation. It is" therefore, of fundamental importance to refer to the retations 'vhich r+e workers have had wibh the Government during the past )+\ nonths, since it j.s by this yarostick that the importance I'hich the authorities attach to the labaur sector can rlally be measured. Tbe first statements by the Govermtrent on this question made frequent mention cf ,rrecognition of the victories achievecl", "guaranteeing freedom of association ', anc sr, on. At first, therefore, the workers entertained hopes of being able i,o ebress themselves f1'ee1y and to naintain relations with the Goverment. TheJ' hoped that :-rey vould be able to mahe a ccntinuing contribution by explaining their con?ey:,s and eo-operating in the creation anti. preparation of alternative solutions to +.he-t ,)rob1ems. -le-::e long, however, Legislative Jecree l\o. JpB brought us doun to earth; the trade un:cl] organization became subj€ct to Government authority, trad.e union achievemr:r,s bega.n to be trampled upon by the entrepreneurs and the possibilities of protea'',:on became ever fever and more restricted. ' Desp:-,e this, ve workers have continued to state that the authorities have a need and or-iga-cion to listen to us, but rhc chances of this desire being fulfilled are becomi:g increasingly remote " ihe G;vernment has asked the vorkers to give thoir upinion on certaln specific f,rojects, rut this has been no more than a sjmp-Le "opinion potl", since in practice :ur sugges,ions have never had any effect orr the eventual orafting of these proiects ln the co::cr-ary, we cl.,,nsider LhaL the Social Statute of the Enterprise and the Tocationa- Training Statute, f!,r' ox:nnlg, are clearly disadvantageous to the uorkes' A separate connent should be made about the euactrnent of Supreme Decree llo. 90' lefating -,o the s.coir.i stage of the career of state employees, since the vorkerj :lad no chance [,.r e]ipress their vieturs vhen this cecree l/as enacted" ft was fir-a1ly enauied cr Lho basis of criteria conpfetcly aljen to Chilean reality, and c.r".rtrises p:ovisions vhich in the final analysis paralyse the career of government empioyees and flustrate the workers I hopes of gaining prornotion. lhe relationship between the wor]{ers and the Government thus represents a dialogue of the deaf, in r+hich no heed is paicl to the norkers. However, l,he entrepreneurial sectors have every chance and- opportunity of being Leard and influencing the decisions which tri11 affect the workers of Chile" UI..IIQN PARAILELISI.I A number of measures whieh openly encourage union parallclism are causin- us particulal concern. These include the ap1,<-,iniment of leaders, even outside tlle -300- context of Legistative Decree No. 198, s.nd the call for the establistnaent rf "pure and. untainted trade unionismrl by certain persons who are in fact knovn to occupy a part icular political position. Our efforts have been aimed at achieving the unity of the trade union hovement; and for this reason we utterly reject all attempts to estabListr parallelisrn and to roanipulat e the vorke?s t organizations, PERSECUTION OF TRADE UNION T,EADMS In addition t. the dramatic situation of the Chilean vorkers d.escribed. above, there is a matte" vhich, because of its erbreme seriousness we have left to the end, ' Attex0pts have not only been made t.r intimialate €rrcl destroy the trade union organization by depriving it of its rights and possibilities of expression. Since the workers vere seen to remain faithfu-l to the trade union movenent and. its leailers, recourse haa also been had to aIL kintls of threats and pressures to b"ing them into 1ine. These have included threats to trade union lead-ers ly entrepreneurs ' outlageous demands by the adrninistration, the dismissal of leaders ltith absolute contempt for the reguJ-ations relating to the rights of tracle unions o throwing union property into the street and violation of documentation, the fraudul-ent use of the names of trade union leaders, and the disnissal of Leaders in the agricu.l-tural sectors following agreements that no one vou]-d. re-employ them. We must trust in the decision and unity of the wolkers to prevent fr.rther arbitrary action of this kind; we are sure that they rdll- not be intinidated by pressure and will continue to struggl-e for their legitinate social and econonic aspirations within the context of J-egal-ity and justice. The trade union movement vill not relinquish, or alienate itsel-f fron, its struggle; it vil1 remain faithful- to its spirit of se]-f-tlenial and sacrifice. Sir, today ve are experiencing one of the most difficult period.s in the history of Chilean trad.e rrnionisn: new legislation is restricting our possibilities of expression and organization; the power of capital is groving und€r the protection of favou.rab].e socio-econornic struetures;, and the introduction cf a climate of pressure and persecution threatens to silence the workers. We look to you, Sir, to overcome this crisis for the good of our country and its workers. TTIE LESSONS OF THE PAST AND A PLATFORM FOR TI1E TRADE UNION MOVXMENT STBUGGIE fhis statement lemains true to the tradition of the trade union movenent. HolJ' tlifficult it is, in the light of the situation ve have described' to escape from vindication of claims , -JUI- Today, os yesterday our struggle has been conducted accord.ing to the rules commonly accepted. I{o"trever, in the past, because of the inability .f the system to respond to social demands, ou-r trade union movement, like the other social fronts, invaded by party politics, vas ob].iged. to ad.opt partisan practices as a Beans of resolving the struggle for power, Ttri s historical fact must be recognized. here if we are not to retuTn to such situations. We must learn from our mistakes. f?rus if we want an autonomous labcur movement, independent of poJ.itical factions, a social system must be created which is capable of coping equitably and efficiently vith the real needs of the vorking people. This soeiety must be one in which the vorkers arc tTeated as hu$an beings and not as merchandise, and where not only the priority rights of nan and the State are recognized, but where the respect for those rights is really guaranteed and the assurance is given that they cannot be suspend.ed or set asid.e on any pretext; vhere men are consid.ered to be the masters of their own destiny, so that all of us, vithout discrimination as to race or creed, have continuing and regular opportunities to influence the decision which affects us. Such a society must be a true democracy I lfhat'we are saying is not new, since the historical, target of the working novement has been and will continue to be the establishnent of a democratic r6gine based. on the capacity of organized labour to build a new society in which power, wealth and culture are in the hands of the masses but at the service of a]1' as the only real guarantee of the free exercise of their rights and aspirations. Let us remembe" that the days when the J,egitimacy of those who gcverned sterruted directly lYom the lrill of cod or the ruling monarch are past; the people alone are the depositary of the sovereign will to govern and be gcverned.. In the trad.e union movenent in Chile, the first question to be rai.sed is thus the solution of the general problen of d.emocracy as the only way of striving tovards a specific historical id.eal-. Our humenistic background gives us great eonfidence in man, and through participation are seek to open up the vay for him to develop to the fu11. Fron this point of view, what seems more inportant to us than a manrs stability is the freed.on and equality of the children of one and the same father sharing a comaon fate. Hence we are interested. rathex in a type cf socia] organization' which peruits the self-expression of its members and in which internal order is based on the idea of consensus rather thaJr the naterial efficiency ]rhich a r6gime where force is the foundation hold.ing up the established order could give us. We vorkers realize that the strugg]-e for ou? economic claims is s inpl-y a necessaxy means of alleviating need and poverty vhich we can only overcome through the long struggle to give Chile a new historical destiny, we, the Itorkers of the country and of the city Bust create democracy step by step from its graes roots in an organized and rmified vay. $OI'{E CONCERNS OT TIIE ?RSENT TIME 1, We observe with concern that sone comunications media systenaticafly attempt to nake the workers beLieve that the most serious problens of the country are technical problens Buch as the struggle against inflation, budgetary stability or the balance of payment8, or else isotated private problems such as the sharli practices of some trad.esnen a,nd unscrupul"ous entrepreneurs, vho take advantage of the consruer by raising prices beyond. vhat a competitive econoqf var?ants. fhe technocrats of Chile and. of the l{or]-d generafly, yesterday and today' have tried to nake leopIe beLieve that the nain problens are of a technicaL nature. It is an ofd trick of the oliSarchy tlesigned to keep us fron airing viers on the probl-ems which affect us all- equB]-ly. To fatl into tbis snare means renouncing our legitinate right as vorkers and citizens to holtl opinions about and to infLuence or decide on natters of public interest. What we fear is that silencing nay be folloved by the disruption a'n'l stagnation of the Labou! novement. 2, I,Ie are a.Iso concelned. that todey in Chile the freedom enJoyed by the orker is not €ven a faint shatlov of that enJoyed by the entrepreneur. The excellence of the present econonic nodel- lies in the fact that it has Iiberalized the econory, or rether returneal it to the private sector, lrith singutar rapidity antl teuacity, Ihis has nade it inperative to naintain restrictive labour conclitions. If this were not so, we vould have been able to have fr€edom of association, freeilon to ho]-d meetings, freedom to negotiate ' etc ' The enployers I organizations, on the other hand' are d.eveloping in a c1lmate of cohplete freedoml they can rneke claims with inpunity and vindicate tbe right of private initiative to betone the masters of Chil-e. It is also observed that vhil-e banks and corporations (the Bank of Chife, for exanple ) elect their boards of directors, afier going through atr el-ectoral campaign, union elections are bound by the rules of appointuent laid dorrn in Legisl,ative Decree No. 1!8. This is an odious discrinLnation which d.oeg viol-ence to our inner feelings ' and offends ou:r dignity as men ancl Chiteans ,who are proud of a different trailition f1'on that in which ve ale living totlay. Let us be quite c]-ear: the lack of freedom of the lrage-earners guara,ntees coloplete freeilom for the capitalists' Your Excellency, ve would l-ike in conclusion to present to you a sumary of some specific petitions directly connected with the critica.l situetion of the workers of Chile totla.y. -30 3- SOCIO-ECONOMIO NEXDS (a) The introduction of a 'korkers' shopping basket" genuinely represenLing the need-s of the chilean fanily and serving as a basis for ca-lculating vage readjust!0ent percentages and fixing the minim.lI wage. ttminimrm (b) The replacement of the tobasic vage" by the earnings" workerrs benefits being calculated on the basis of the l-atter. (c) The incomes of retired persons, pensioners and beneficiaries of charitable fund.s not to be less than the ninim:m earnings fixed' (a) The Minimrm tuployment Plan workers to have their social security contributions paid and tleir vages not to be less than the minimun earnings fixed. (e) The incones of vorkers to be readjusted monthly, according to a price index to be established. (f) One hr:ndred per cent readiustment for fandly allowances ' (g) Formation of tripartite cornrnissions in a'11 sectors of 1abou" ' on a genuinely decision-naking basis ' RURAL NEMS (a) The land to be handed over to rural workers in the form of "agrarian co-operativest'. "eform (r,) ThF orsarization of farm workers to continue to be governed by the prowisions of mi f6.525, and civil servants by the Arlministrative Statute ' the (") Article 5)+ of l,egislative Decree No. 1\)+6 of May 19?5, reaffirming financing of the mral tr'ederations and Confederations, to be repealed thus restorin! the spirit and letter of Act No. 16 '625 on n:raf unionization' (d) Legislative Decree No. 2?5 of f8 January 19?l+ to be repealed' and Legislative Decree No' 2h\ of 1953, preventing agricultural employers from to be restored' deducting more than 25 per cent of income for perquisites ' (e) Share-croppers to have their status as agricultural workers restored' (f) A policy of support fo" cred'it and technical advisory natters to be defined, in ireeping witrr ine real- necessities of the sector refornetl' 1RADE IJNTON ORGANIZATTON NEMS (") Recognition of the independ.ence and autonory of the tratle union organizations, -JU.+- (b) the right to self-government through the nachinery which the unions theroselves set up, this union freedom to opefate at all level"s, so that the Chilean I,lorkers viI1 have a national organization to organize, co-ordinate and represent them. (c) Respect for union authority. (d) RepeaL of the rules vhich rnake it possible to dismiss union lead.ers. A11 these petitions come within the ninimrm conditions of respect for the fo1-lowing rights, inherent in a sor.rnd. 1ega1 and pol-itical text: 1. The right of petition and collective bargaining. 2. fhe right to fair strike in defence of the vorkers' interests. 3. The right to tske part in the management of our Social Security systen. 4 ' The right to teke part in the nanagement of oura training organizations. 5, The right to manage our own enterprises with the financial and institutional support required, All the above is nere].y the recognition of Human Rightsr right to vork, freedom of expression, freedom to hol-d. neetings, freedom of association, civil- Tights to participation in society, Santiago, I May 197?. ANNRX LIII Excerpts from_the report of a Inj.ssion to Chi-fS_unaef. the ausr:ices of the liorld- Councit of Churches relatinq to rernessron of trade unj.on officials /original: Frenc Persecution of union offic ial s l'{anue1 Jesus Bustamente Garc ia Forty-one years of age, kesitlent of the Union of Gas and Sanitary Workers, arrested. by nerlbers of the Police (Carabineros) on 6 May, interrogateil and threatened. Juan Eduardo Berrios Morales National- official of the Union of Domestic Servants, seized on 5 April I7TT on a public thorougbfaae, interrogated and tortured. Finauy, released but order eal to report every day to answer questions such as the follo$ing: Idtro drafted the statenent by "the l-25"? 'tlho is in touch lrith the Church? llho organized the artistic events and. the events at the Vicaria? Who are the leatlers of the Cormrxrist Party? What is the role of the Comunist Party in the Fed.erations? I{ec tor Cuevas Salv-ador President of the IndustriaL Construction, Timber and Metals Federation, arrested on 28 Apri1. National trade r:1ion officials whorn I have rryself questioned have stated. that: - They dare not go out alonei - They are increasingly threateneci but in a more subtle fashion' e'9. through their chifdren. Attempt s ar.e also made to discretlit them publicly' They receive telephone cal1s tbreatening then with iteath, and visits are paid to their horres; - Attenpts tbich are being nade to replace these officials bave been fac ilitated by a 1ega1 device (a ban on re-election and official appointment of the new office-holders); - In any action they take' the officials run the risk of iloing sonething i1lega1 through ignorance of the legal limits established. Ttre trade union movemeot has thus beerr vi|Luc.1 ly pu!.aly sc,1 t]'r !,u€h Lcck of freeilom in Datters Qf olganizaliun, n(,l.,il ity and. scope of action. Euwe.vn., rriLh the suppott of the Church, the unions are trying to pu.rsue their aetivitit in three llays : - Training; - Public attempts to regain their fundamental- freedoms; - General clairqs with regard to the right to exist. The statement of "the 126" of l- Irby 19?? is annexed. ) Jcs€ del Carnen Briones Montenegro xas aJrested on I June and. released on fl June. IIe is 50 years of age ancl is a forroer ?resident of the Interfas (Textile Union and. an official in a southern sector Labor8 exchange. SanueL Ernesto Astorga Jorquera, 50 years of age, x0arried, car nechanic, fo ner Christian Denocratic deputy anal forner trade union officiaL at Iquique. Returned. on 1\ June tlon Caracas vith Ra.non Velasquez, national official of the rtEl friunfo Ca,npesinott Workers Confetteration, Was seized, transferred fron one car to another, beaten and finally lefb without his cfothes, -307- ANNEX LIV /original-: French/ I'MISSING'' SYIFTOMS I'OT'ND IN CIIILDRE\T WITE ONE PANS'IT TO WI{OM NO IXTPLANATION HAS BEEN GIVrl{ (OF VAGI.IE AND CONTBAD]CTORY E)CPLANAT ]ONS ) ( Srlmary of a study of 1l+5 files on minots of 1-J-B years) 1. Sonatic disorders Disturbances of sleep: - Insonnia - Agitation ( cri.es , c onvr.rlsions ) - Nightnares, night fear s - Steepvalking Disturbances of tbe appetite: - Refusal to take food., leading in certain cases to narked nalnutrition Excessive over-eating Conflictive behaviour llith regard to food Gastro-intestinal problens (diarrhoea, voniting etc. ) Headaches Nervous tic s Sta'lmar i ho Loss of hair Enuresis: a very frequent syrrptom, also found among pre-adolescents of 'I ? a'aara da ^f ^ Affective di sorder s - Affective inhibitions, indifference, loss of expressiveness, apathy; - Exaggerated search for affection and attention, emotional dependence;, -JUO- - Irritability, anxiety ( p,articu].arly with regard to any change of life style); - Enotional- instability (larrghter, teers etc. ); - Phobias anal fears in certain circumstances (darkness, sirens, noctu"nal roises, uni r'orms, enclused. spaces); - Difficulti.es in naking contacts anil establ-ishing interpersona.I rel-ations ald ftiendships . 3. Disorders of the intelligence and development In all these minors, thele has been a sharp and general drop in educational 'erforDanc e antl level of intelligenc e: - Irnpairnent of oemo"y, of attention and concentration; - Regression to a Lower 1eve1 of developnent (in speech and walking), total or partial forgetting of reacling and writing attainnents; - Blocks in d.evelopment and in artapt ing to new stages of devefopment; - Inbalanc e bet{een mental anit emotional develoDment. +.t.- rwo exanpl.es A boy aged six. IIe vas told that his father was in another country and a pretence llas mad.e that letters arrived fron hin. The child showed. intenie aggressivity when spoken to about his father and systematicall-y reflrsed. to mention him. He rejected every kind of affective d.emonstration in his rel-ations with adurts and other children. A boy aged 11. He suffered from sleep ancl affective disorders. On r,aking up, he sees near his bed his father who speaks to him, and is convinced of the reality of these "apparitions" which causl hiro great distre"". His behaviour is aggressive and uncontrolled, antl he is enotional)-y unstabl"e. He feels very strongly that he has no nale figure w-ith vhich to identif]. -309- ANNEX LV fnfo:nation concerning missing persons from the lnternational Cornittee of the Red Cross and the Vicaria de 1a Solid.aridad /original:. Spani sn/ The folloving is a conpilation of certain information contained in the twc l-ists of nissing persons presented to the covernment of Chile by the International Conmittee of the Red Cross in Decernber 1976 and the two petitions to the Suprene Court of Chile presented respectively in August 1975 and I'{arch 197? by the Vicaria de La Sol-idaridad, Explanat ion of synbols : rCNC I Refers to the list of the fnternational Corimittee of the Red Cross of persons reported missing betveen 11 September f973 and 31 Decenber 1975. TCRC II Refers to the list of the International Cormittee of the Red Cross of persons reported missing between 1 January ano 5u r\overtrDer _Ly I o . VIC I Refers to the first paxt (3h0 names) of the list of missing persons presented to the Supreme Court of Chile in August 1pJ6 by rhe Vicaria de Ia Solidaridad. VIC II Refers to the second part (l+6 narnes ) of the list of missing persons presented to the Suprene Court of Chile in Awust l-9?5 by the Vicaria de Ia Solidaridad. 501 Refers to ttre list of nissing persons presented to the SupTerne Court of Chile in March 19?? by ttre Vicaria de 1a 50_Lldarldad. c119 Indicates names of persons reported to have died outside Chile (see A/3L/253, paras. 231-21+0). -310- ol 5'i'J.'tE)r5'l'3i.Jri.rl'ts'rn./1/t1 dt J J I\O fi.t.t€ 55,O $dl 5t9t3:r5+ = F' F F \ \ \ \. \ \ \ \ F\ t".\ F\ F\ F\ F\ I-'\ F\ I..\ F\ F\ F\ F\ F-\ F\ F\ F F F t"c''. 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