LIN'IED NAT'ONS

GENERAL. A S S E M B LY

C D NTA<II

Distr .GENMAI,

Al 32/22729 Septenber 19??ENGLISEoRTGINAL: EI{GLISH/FRENCH/

Thirty-second sessionAaan.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 theGeneral Assenbly the report preparett by the Ad Hoc !trorking Group on the Situationof l{uman Rights in Chil"e in accordance wittr paragraph 5 of Assemblyresolution 3I/I2\ ot 16 Decenber 19?6.

't't -1 P'2'7 2

-t-

ANND{

CONTENTS

fntroduction

f. ReLations with the Government of Chil,e

II. Constitutional and 1egal d.evelopnents

Disappearance of detained Dersons

Para.qraphs Page

1-21 I

A. Constitutional developments

1. Essential bases of Chilean institutions.2. Constitutional rights and duties

2r-?o

40-82

\z-65l+z - l+Z

4h-50

66-tt66-7o

7\-77?B-82

83 - 13U

B3 - 1oo

83-9?

93 - r00

101 - 1]3

L2

1'l

LT

r8,d

26

26

3. Etrergency r6gimes

Decree-laqs

1, Dissolution of political parties . . .

2. 3a+d.o No. J-0?: restrictions affectingpxinteil natter

C. The state of Biege

D, Iltture institutional d.evelopnents

IIf. Liberty and security of person

<l

)o

33

33

33

37

\2

Arrest and detention and the right to afair trial

1. Ar.rest and. detention2. Detention of persons accused of crimes and

the right to a fair trial

-2-

c.

CONTENTS ( continued. )

OfficiaL investigations of cases of-,.'^^.i--ur-15 5 rrrg }Jcr surJs

1. Petition concerning 501 rissing Persons

" Th\/Acfi daii

^hc iht^ diqenncaranoes

occuring in Novenber and Decernber 1976

3. qequest for full investigation of casesof nissing persons: the sit-in at thehaarinrrarf e-s of i.ha Economic Conmissionfor l,atin America

h! ur!'P!- uu

not actually

B. I$ev system of intirnidation

C. nffects of torture and long-term imprisonnent '

D, TYre specialized organs of State security

.11B-t2o

Paragraphs

1]4 - 134

116 - lu

'r ?R - Ihl

1l+2 - 11+[

1l+5 - ItB

){B

l+9

49

D.

T

Lists of missing persons and. govearment replies . f2\ - I27

Obstacles placed in the l,ray of investigationsof disaplearances , . 128 - 130

shorl' that missing persons have131 - 13\di sappeared

Torture and other forns of cruel, inhuman ordegrading treatroent or punistnnent; thespecialized organs of State security . 135 - L65

A, Torture and other crue1, inhuman or degradingtreatment ar punishment ]37

5OtzL - ta)

53

55

57

59

qo

50

62

OJ

oo

E.

E. Prosecution and punislnnent of those responsiblefor torture ' r59 - r6a

T. Dissol-uti.on of the Directorate of Nationalrnf €'l li]'ence (DT\A) a.nd establishment ofthe Nat ional Information Agency' and thenew provisions relating to the Law on thecenrrri r .f +ha sr-.c+.a 161 - 165L,c(; u] f UJ 57

V.

*3-

CONTENTS ( continued )

IXlIE

.EK1TE

1. Supreme decree No. 5OI+

2. The exile and, release of Joxse l.{ontes

C. Expulsion and return fron exile

D, The situation of refusees

E. Diplonatic asylun

I. Passports "valicl only to l_eave the countryrl

VI. Intel-1ectual f?eedon and cul_tural riehts

A. The nass ned.ia of conmunication

-r. l(ao10

2. Printing anal publishing

Paragraphs Page

166 - 19r T3

t68 - r72 T3

r73 - r77 75

173 - 17l+ 75yr5 - rT7 76

178 - 185 77

186 79

187 B0

lBB - 191 80

1q2 - 221 82

L95 - zOT 82

r97 - 2o2 83

2o3 - 2o7 85

208 - 2ro 87

?rr - 22L 8B

Deprivation of nationality . . .

Theatre aod the arts . .

(\

BB

89

o2

o2

ot

93

o(

Etluc at i on

1. Restrictions on intel,lectua]. freedon2. Eeonmic aspects of ed.ucation . , .

2l-1 - 214

,1q - 221

22? - 2Br

")s - 2)6

VII. Econcmic and social riehrs

A. Econcmic rights

1. tuploynent2. W€ges anal inflation

The human rigbts situation and its effect onthe econcrny

-l+ -

CONTENTS (continued )

Paragraphs Page

C.

D.

Trade unions . d+O - 260 98

1.)3.

1.

2.?

u^^] r L 26r - 28I 10?

VIII.

IX.

Exercise of trade union rightsInterference witb trade union activitiesExile, d.eprivation of nationality andother actions aeainst trade unionists . . .

Healthservices...Situation of health personnel

Nutrition

Adoption of the report

Concludins observations 282 - 310

2\2 - 249 loo250 - 256 103

257 - 260 105

262 - 273 l-o?

)7)J - 217 Il2

278 - 2Br LL3

LLO

128

311

ANNUIIS

I. Ceneral Assembly resolution 3]- /]'2\ ot 15 Decenber l-976

II. Coro.ission on Human Rights resolution 9 (y'XxIII) of9 March 1977

II1. Chronological list of Televant v'ritten eormunications receivedfrom the Goverrnaent of Chile since the adoption of the GrouprsreFcrt t. thc Cornni ssion <..,r.r Human Rights (E/CN.\ /f227)

IV. Letter dated 20 April r9?? from the Director of the Divisionof Human Rights addressed to the Permanent Representative ofChile to the United Nations Office at Geneva .

V. Letter dated. Il I'lay 1977 from the Pernxanent Representativeof Chile to the United Nations Office at Ceneva addressedto the Director of the Division of Humar Riahts

VL Letter dated. 20 \Aay 1977 from the Chairnan of the Ad HocI.trorking Group ad.dressed to the Permanent Representativeof Chile to the United l{ations Office at Geneya

VII. Note verbale dated 1J Jrne I9T7 from the Permanent l{issionof Chile to the United Nations office at Geneva addressedto the Director of the Division of Human Rigtlts

VIII. Lette" dsted 4 JnIy 1977 from the Permanent I{epresentat iveof Chile to the United Nations Office at Geneva addressed

r23

l-26

131

'I ??

r:l'

L5)to the Chairnxan of the Ad Hoc Workins Group

COilTEt{TS ( continued)

A]INIXES ( continued)

Decree-l,aw No. 1689

Decree-law i'Io . l-684

State&ent by the President of the Republic of Chi.le broadcast on18 l{arch 1977 .

XII. Decree-Iaw No. 169?

XfII. Statement nad.e by the Perranent Cornnittee of the Episcopa"lConference of Chile, issued on 25 l{arch L9?7

XIV. Statenent made by the President of the Republic of Chi.l-e on9 July 1977

lduard.o de l-a Fuente

xvIl.L. "Bello Doren breaks his silencett, articLe appearing inSolidaridad, i{o. 23

Reports of recent arrests anat aletentiong

Svorn decl-aration by a former detainee

in Chile

rx.Y

XI.

XIX.

xx.]o(I.

XXII.

lcss138

1Io

1!1147

150

XV, Report on a visit to Cbile by llaitre Louis Edmond Pettiti,Avocat d, La Cour d'Appe1 tte Paris snd. Bdtcnnier design6 aelrOrdre des Avocats, antl }daitle Bernard. Andreu, Avocat dla Cour drAppe]. rle Paris

XVI. Statement eade by Carlos Arnaldo Veloso Beitlenbaeh andqarlos Hector Veloso Figueroa . . . )-69

XVIf. Report of an interviev vith OsvaLclo Figueroa and.180

185

1BB

'I olr

l-96

'r 07

Statenent nad.e by Carabineros Captain Clernent N. Burgos

St atement made by Selenisa Caro Rios de Diaz, vife ofvlctor Daa.z

XXIII. Letter d.ated I February 1977 fron the Perranent Representative ofthe United llingdom of creat Britain and llorthern lreland to theUnited Nations Office at Geneva addresseil to the Director of theDivision of fiuman Rigbts

XXIV, l4emorandr:rn of the Goverru[ent of t]re United Kingdcnn of creatBri.tain and i'lorbhern Irel-anil, relating to 1.,1r. tfillian Beausire

XXV, Comrents by the Chilean Secretary of Justice on the UnitedKingdon Govetnment rs nemorsndum relating to l{r. Wifliam Beausire

nffL Statenaent on the d.etention of Newton l4oreles Saaved.ra

201

203

206

2r0

nWII. StateneDt on the d.etention of Rosa E1ena MoraLes IUor€J-es

XXVI]I.

XX]X.

xiix.

xxxr .

XXXII.

XXXIII.

(

/tn r\r rnTintni< /^^-+i-,,-/] l

AXINEXES (continued )

f..<eerpt s fron eyewitness reports of the detention ofl{aria Angelica Andreoli Bravo .

Statenent made by Leopoldo Luna Soto

2r\2L6Missing persons seen in detention in Chile

Note verbale dated 12 August l-977 fron the Permanent l'lissionof Chile to the United. ltlations Office at Geneva addressed tothe Secretary-General .. ?19

Statenent concerning the detention and death ofGustavo Humberto Castro Hurtado . . . 228

St at esrent nade by Genaro Bernad.o Appelgren Donoso . 229

Official Chilean documents adnitting the detention of missingpersons Earbara Uribe TanbLay, Edvin van Yurich andBautista van Schouwen 230

IOO(IV. Inforrnation concerning investigations into the detentj.onAnd rli<e-rnpal.en,'a .r. t? nFrc^nq ih lTnr.Frnber and Decenber fg7 6 232

XXXV. l{essage to the Secretary-Genera1 from the persons partieipatingin the sit-in strike at the headquarters of the EcononicCommission for Latin Anerica. SantiaAo

XXXVL Ivlessage of thanks to the Secfetary-General from the participantsin the sit-in strike at the headquarters of the EconomicConmission for Latj.n America, Santiago

XXXVIL Tnfornation concerning missing persons whose relativesFarticipated in the sit-in strike at the hesdquarters ofttre Economic Cornmission for Latin America, Santiago

GVIIT. Note verbale clated 26 August 19?T from the Permanent Missionof Chile to the United Nations Office at Geneva addressed tothe Chairnan of the Ad tloc l,lorking Grcup

XXXIX. Excerpts from the report of a nission to Chile under theauspices of the trlorld Council of Churches relating tothreats to signatories of a petition to the Supreme Court .

XL. Excerpts fron the report of a mission to Chile under theauspices of the Worl"d. Council- of Churches relating tothe Vicaria d.e 1a Solidarid.ad

XLf. Torture: repoTt on psychological and physical effects

"\6

2\8

250

257

XLTI .

XLIII . Medical. report regaading Osvaldo Garrido

-7-

CONTENIS (cont inued )

Al,lNffiIS (continued )Page

XLW. I{ot e verbale dated 17 August 19TT fron the Permanent }"issionof Chile to the United l{ations Office at Geneva addressedto the Secretary-General . 259

XLv. Letter dated 5 JuIv 1976 from tlr. Jos6 tlaria Eyzaguirre,President of the Suprene Court of Chi1e, addressed tol,Irs. Yolanda Pinto d"e Slguete 265

XLVI. list of some persons uho have been granted visas to leaveChile but whose applications under decree No, 501+ have beenreiected. or "reserved" or remain pend-ing . 266

XLVII. Note verbale dated 12 April 197? from the Pexmanent l{issionof Chile to the United Nations Office at Geneva adalressedto the Secretary-ceneral . 267

XLVIIL Passports 'valid onLy to leave the country" 270

27rXLIX. Bando No. l-07

1,. Note verbafe dated 5 ',Iay 1977 from the Permanent ldissionof 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 Missionof Chile to the United Nations Office at Geneva addressedto the Secretary-General . ,.28O

I,fL Letter dated 29 April l)ll fron trade union leaders to thePresid.ent of the Republic of Chile s.nd attached docu$enttrAnalysis and. aspirations of tbe workers of Chilerl

I,IIL Excerpts fron the report of a mission to Chil-e underthe auspices of the l,tror1d Council of Churches relatingt^ rcnrca<i.,n .1f trade Union officiafs . .-- :rade union officials . . . 305

LIV. Excerpts from the report of a mission to Chile under theauspices of the Wor1d Council of Churches relating to astudy of 145 children with a parent missing 30?

LV. fnformation concerning missing persons fron the International-Comittee of the Red cross and the Vicaria de l-a Solidaf idad ' . . 309

LVI. Inforrnation eupplied. by the coverruaent of Chile in relationto the lists of missing persons subnitted by the InternationafComittee of the Fed cross . . 3l+\

286

o

INTRODUCTION

1 Taking into account the progress report to the GeDeral As senbly at itsthirbieth session (A/j-oz9r), this is the fifth reporb of the Ad. Hoc Working Groupto inquire into the situation of huravt rights iu Ctrile, originaLly establishedund.er conmission on Human Rights resolution I ()OfiI) of 2? February 19?5. Inpu?suance of that resolution, the Chairnan of the thirty-first session of theConrnission appointed. the five nembers of the Group from anong the menbers of theCorrnission, to serve in their pelsonal capacity a.nal to opelate wrder hischairmanship. 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 invitationof 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 and9 (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 ofEcuador, I'{r. A. Di6ye of Senegal, l'1r. F. ErnEcora of Austria antl Mrs. M. J. T. Kamaraof Sierra Leone.

2. Under the terns of Connission lesoLutioa I (loffi ) the Group ltas nantlat ed toinquire |tinto the present situation of hunalx rights in ChiLe" on the basis ofvarious resolutions previously atloptetl by organs of the United' Nations, theInternational Labour Organisation and tbe Unitetl Nations Etlucational, Scientificand Cultural Orgenization, of a visit to Chile and of oxal- ancl r.rritten evidenceto be gathered fron alL refevaltt Eources.

3. As required by the Comission in that Tesolution, the GrouP sut'mitted aprogress

"epod (4/10285) on its iuitial findings to the Sec"etary-General for

inclusion in his report on the protection of hlnen rights in Chile.to the GeneralAssembly 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 reportalso described in detail the circumstanceo in which, in spite of forna] assura.ncesgiven 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 intochile "untj.i a roore auspicioug occasiont' (A/10285, para. 57). tl tne workingcrouB subsequently subldttett a report (E/CN.!/U88) on ttre results of its inquiriesto the Conmission on Hunan Rights at its thirty-second session. 2,/

\. rn accordance vith cormiEsion resolution 3 (xn(Il) the Group was requested to

"eport to the General- Assenbly at its thirty-first session and, to the Coronission

on 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 indocnnent s 4/10303, A/c.3/639 and Alc,3/6\2.

2/ The Government of Chile submittetl its obgervations on this report ind.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 haveoccurred to re-establish lespect for human rights and- fund.amental freed.oms inimplenentation of General- Assembly resolution 3)r)+B (xxx) and all other refevsntresolutions 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 workineGroup and by its resol-ution 1991+ (f,X), ufso of 12 Mray t976, requEiTEE-it, infulfilling its nandate, to ascertain any effect which any neasures taken by thechilean authorities ni ght have tornrard.s the re-e stabli shment of respect fox humanrights 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 inaccordance with Assenbly resolution 1l+8 (&C() and was consid_ered. by the ThirdComittee at its h5th to [Bth and 5\th to 99th meetings. At the 1+5ih meetingof the Cormittee, the Chairnan-Rapport er:r of the Ad. floc trrrorking croup i.ntrod.ucedthe report of the croup, r,aich intl-uded a detailed-IE!-cription (parai. 3!-?2) ofthe 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 andon the unresofved. question of a visit by the Group to Chi]-e, In its consid.erationof the question of human rights in Chile, the Third Confnittee al-so had before itthe observations of the Governnxent of ChiLe on the report of the Ad Hoc WorkingGroup (A/C.3/3I/6 and. Add.l) and a m:mber of letters deal-ing vitb-tl:e situationof huran rights in Chile subruitted by the Peruanent Bepresentative of Chi.le tothe Unit ed. Nations.

7. 0n the recornnend.ation of the Third Connittee, the GeneraJ, Assembly at itsl-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.:ndindignation that constant afld flagrant viotations ot hunan rights had taken placeand. continued. to take place in Chi1e, and call-ed once more upon the Chileanauthorities to restore and safeguard, without delay, basic hr:nan rights andfi:ndamentaL freedons and ful]y to respect provisions of the internationalinstruments to vhich Chil-e was a party and n to that end, to take certain specificmeasures enumerated in paragraph 2 of that resoluti.on.

9, The Genelal Assenbly in the same resolution requested the Presid.ent of thethirty-first session of the General Assenbly and the Secretary-cenera.l to assistin any way they uight consid.er appropriate in the re-establ-ishnent of basic humanrights 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 ofhnnan 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 ttielight 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 itsthirty-first session, and the action taken by the General Assenbly in its resolution3r/12\.

11. The Conrnission on Hum€n Rights consiitered the report of the Group at its141-8th to 1)+23rd neetings of its thirty-third session. FoL the consideration ofthe question of human rights in ChiLe the Comission aLso had before it tbeobservations of the Govemment of ChiLe on the report of the Group (E/CN'l+/12hT anal

Ad.d,1-3) as well as inforrnation receivecl fron intlrnationat organizations "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&inationand 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 statesnot

"epresented on the Connission and representatives of non-Soveralnental

organizations, took part in the Comissionrs discussions, which are "eflectedin 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 hisccvernment 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 adopteda dTaft resolution p"opo"li by Austria, BuLgaria, ttre Syelorussia:r Soviet Social-istRepublic, Cuba, Cyprus, Italy' Rwanda, Svetlen, the Union of Soviet Socialistnepublici" 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), thevote on the draft resoluiion as s vhole being 26 in favour, 1 against andq ohe f ahti

^h <

ll+. In emphasizing its responsibility to pronote and. encourage respect for human

rights a'd fund€,nnenta1 freeions for ai-L, the Comission in that resolution "eferredto the Universal Decl€ration of Human Rights, the Decl-aration on the Protectionof Afl Persons from Being SubJected to To"ture and Other Cruel, Inhunan orDegrading Treatnent or Puni shrnent and the refevant General Asse!&Iy fesolutionsas 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 plofoundindignation expressed by the General Assembly in its resofution 3l-/L24 that constantand flagTant violations of hr:man rights had taken place and continued to tale placeih 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 Chileannationality, and cal1ed upon the ChiLean autborities to put an entl to theinadmissibie practice of secret arxests and subsequent disappearance of persons

vhose detention is systematicalLy deniett or never acknowledged'

of tbe3/SuDDlement No. Ll , paras. I

-11-

15, In paragraph )+ of its resolution, the Conmission called once more upon thechilean authorities to restore and safeguard., vithout detay, basic human rights and.fund.anentar freedoms and fu-l1-y to respect the provisions of the internationalinstruraents to which Chile is a party, and to this end to implement paragraph 2of ceneral AssembJ"y resolution 3l/)-^.r7, fn accordance vith General A.ssembty resolution 3r/r2\ " the conndssion al-soe;<tended for one further year the mandate of the Ad Hoc 1arorking Group and. requestedit to report to the ceneral Assembly at its tfrirtFIEidnd session and to theconnission on Human Rights at its thirty-fourth session vith such ad.ditionalinformation as night be necessary, The Comrnissicn once again requested thesecretary-General to render to the Ad Eoc workins GrouD all the assistance whichit eight require in its work, and rEi-conmended to the Eionomic anri Social counciLto xlake arrangement s for the provision of adequate financial xesources and stafffor the irrplenentation of the conmissionts resolution. Fina-lly" the conmissiondeci.d.ed to consider the question of the violation of hr.rman rlghts in Chile atits thirty-fourth session, as a matter of high priority.

18. By its decision 233 (LXII) of 13 t{ay agTT, the Econornic and Social CounciLapproved the decision of the Connission on Human Rights in its resol-ution9 (XUIII), in response to cenexal- Assembly resolution 3f/LZ)1 , to extend. thenandate of the Ad Hoc working Group to inquire into the situation of huran rightsin Chile wittrinJG-terms of the Conmissi& resolution, and decided to lequestthe General Assembly to nake alrangements for the provision of ad.equate financialresources and staff for the implenentation of that resolution,

19. As in the preparation of its lrevious reports submitted. to the GeneralAs senbl-y and the Conmission on Human Rights, the Ad Hoc Working Group in preparingthis report exanined. in detail aJ]d made use of the vo.l_r:minous vritten naterialsubmitted to it by a variety of reliable sources, includlng int ergovernmental andnon-govermental organizations. The Group also received e.nd exanined ora.1testimony and nritten information from a number of persons" nostJ-y Chilean national-swho had left Chile shortly before they appeared before the croup, The Group has afsomade use of every opportunity to have contacts vith the rep"esentatives of theGovernment 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 Goyernmentof Chile directly to the Group, to the United l$ations Seeretariat, or to otherUnited. 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 theGroup also exanined. and nad.e use of the oral and vritten information gathered. duringa 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 tor,rr Tl-a^ r r,-h p^a'^h nirector of the Division of Hrrmar. Riohtq tnl'{r. Costas Papad.emas, Tepresentative of the Secretary-General e and to the membexsof the Division of Human Ri.ghts and other nembers of the Secretariat who haveassisted 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 theSecretary-Genera1 (A/10285) to tne General AsEenb].y at its thirtieth session, theAd Hoc Working Group d.escribe<l the suddeu a,nil unexpected refusal- by ttle ghil-ean

GGioent to-perrnil the Group to enter Chife I'until a nore auspicious occasion"(A/10285, paras. !1-52). In itE report subnitted to the Comnission on Hum€"' Riglrtsat itE thirty-second gession (E/CN.I+/U88), the Group observed' that rrit would beessential that the Chilean Government should re-establish co-operation anclconsultations with the Group that vould go beyond the furnishing of officialdocuments to the secretariat" (n/cN,b/L188, pa!a. 211+).

23, The report subnitted by the Ad. Iloc Working Group to_the General Assembly atits thirty-first session (A/31/2r3) d.escribeal i.n deteiL (paras. 34-72J thereLations and contacts which hacl been estabLished bet'ween the Group and theGovernnent of Chile, including a series of neetings vith Chilean goverbmentrepresentatives betveen L8 ancl 2lr May L9?6 at Unitett Nations Hea'lqualters, Nev York

'and on e5, 2? and 30 Aueust in Geneva. In the course of thoge meetings vievs wereexchanged ' &!gr-gllg, on the nethods of rrcrk of ttle GrouP and on the question ofa visit tV ttre Oroup to Ctrile. 1/ A proposal nede by the represeutatives of theCovernment 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 twoof its ueube].s, freely a?lointed by the Group r should be considered if it vere inthe Eature of a nission to prepare for the arrival of the other three uembersof 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 Unitedllations, expressed the wish of the Group to obtain all possible co-operation ofthe Government of Chil-e in performing its task antl that the Group woul-d appreciatereceiving s,ny relevant written or oraL infornation r'r'l1ich the Goverffoent of ChiLenight 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 Chilestated that his Governnent had instructed tbe Chilean l.{ission to the United NationsOffice 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 thisconnerion, 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 ofchiLe met uith tlie Group on 26 January- llJJ ancl provided oral information inrespect 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 thesecretary-General, to the Division of Human Rights or to tbe chairuan of the Group,vritten infornation in connexion vith developneots reLevaat to the situation ofhunan rights in that country. These conmunications are crescribed. in the reportsubnitted' by the cro'"'p to the conoxission on Hunan Rightg at its thirty-thirclsession (E/cN'\/1221); a chronological list of those comunications appeared. asarnex IV of the report, That repodr al-Bo described, inter alia, the nethod. ofvork of the Group, and. in this regand answered e nunber-of-@stions and. criticisnsproffered by ttte Governneat of Chile in its observations Eubnitteat to the Genexa.LAssenbl-y (A/e.3/31/6 and Add.l) and ou the co@ents node iu the course of astatebent by the representative of chil-e to the ceEeral Ass enb\y $hen the questionof 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&anRights, in e statenent fol-lofing tbe adoption by the Coruission of itsresol-ution 9 (xxxrlr), expressed the vier.r ttrat Lis covernnent would be willing toco-operate lrith the Ad. Eoc working Group provid.etl it was given one nonth in vhichto reply to the contents of the Group ts report. {27. since the beginning of Malch l"9T?, the croup has received vritten infornationfron 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. Achronol-ogical list of those conurunications , certain of $hich are reprod.uced. asannexes to this report, appears as danex III.28. In a letter dated. 19 April 197? aaldressed. to the perna.nent Representative ofChiLe to the United Nations Office at ceneva, the Director of the Division ofHunan Rights, on behal-f of the Chairnan-Rapporteur of tbe Group, inforned theGovernsent of Chil-e that the Group vouLd resr:me its meetings at the palais desNations, 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 representativesneet with the Group and provide it with any rrritten or ola]- infornation (seeannex -LV I.

29. The Permanent Representative of Chile, in his letter dated 11 May 1977add.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 ofCbile, 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 oraland 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 thisreport .

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 $ationsOffice at Geneva ' expressed. the desire of the Croup to.visit Chile in fulfilling thenandate entrusted to it under Connission resolution B (loOG)r and exlressed thehope that the Governneat of Chile wouLd "rnake a positive affiroation for such a

visit of the Working Grouplt. lhe Ctrairne,n-RapPorteu? further ' in his lett'er 'expressed the hope ttrat the respoDse of the Covernment of Chjle would be transnlittedto the Group a"ound the r.i.d.dfe ;f J,ne 197? in order to enable the Group to ful-fi1its 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 tocarry 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 thatthereplyofttreGovernmenttohislett.rof20May].gTTvastlelayedd'uetothefactthat ttre lr{inister for tr'oreign Affairs of Chi]-e and his adviEers had been involvedin the preparation of the General- As s6nb1y of the Organization of Anerics,n States'which they were at the tine attending in Grenada, and tbat it woutd be forthconingin a fev days (see annex VII).

33. In his letter dated )+ Ju]-y 19?? addresseal to the Chairman-Rapporteur of theAd. Hoc Wo"king Group ' the Pernanent nepresentative of Chile to the United Nations

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-napporteuloatea eo Miv ]:977. It stat;d iater alia that there were no political detaineesheld in Chite in connexion *it6-iG-ffie of siege, that offences connitted againstthe security of the State vere being hearal Dainly by the regul-ar courts ' and thatthe 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 Organizationof American Sts.tes, at the s eventh reguLar session of its Gene"al Assenbfy ' had

decid.ed that Chil-e no fonger desefied separate treatment in connexion with theprotection of huma.n rightJ and. had conseiuently not requested the Inter-American-Conmission on l{unan nigrrts tor another siecief report on Ct}i1e ' In. the light ofthese developments, the Pernsnent Represlntative ot Ctritt further stated in hisconraunication 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 whichlrou]'d not be consistent with the decision taken by the Organization of .AmericanStates, and that it would create a certain amount of conflict bet,reen the trro finesof 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 constantlyd.emonstrated, reiterated its offer previously nade on 26 August 19?6 (see para. 23above ) that two nembers of the Group r to be mutualLy agreed upon, could visit chileat a tirae to be decided upon at meetings which the representatives of theGovernment of chile r.rished to have vith the Group during the latterrs forthconingseries of meetings (see annex VITI).

3l+. From Caracaso where the croup was meeting on ll+ July Ig7I , a message vasconveyed by telephone to the Perr0a.nent lr{ission of Chile to the United i,lations tothe effect that the Group r.'ou1d be read-y to neet rrith the representatives of thechllean Government at united l:,Iations Headquarters, Iirew york, during the Group'smeetings frorrr f8 to 22 J'ry 197'1 . TLre alternate pennanent Representative of chileto the united ifations informed the Acting chairmen of the Ad iloe l,Iorking Group, onthe mornin6E of 1B July f9T?, that the chirean government rEliEiEntatives woul4 r,ri shto 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 thea-lternate Permanent Representative of clrile to the united rfations by the ActingChairman of the Ad Hoc llorking Grcup.

3r. Ttre chilean goverrment deJ-egation, hea.ded. by Arnbas sad.or sergio Diez, rnet i,riththe Group on 26 July 1!ll. During that meeting the government representativesprovided the GrouF vith infornation on the general situation and d.evelopmentsconcerning human rights in chi1e, in particular, the Governrnent rs efforis to tracemissing personsj the future institutional structure of the Government, thesituation 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 wasunabfe to deviate from the original proposal of his Goverrunent with regard to avisit to Chila by a d.elegation of two members of the croup, mutually agreed upon bythe 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 ofChil-e in Ceneva.

37. The position of the croup, as stated by its Acting chairman, was that, thoughthe Group maintained its desire for the broa.dest possible eo-operation with thechilean Government, it interpreted its mandate as not perndtting it to establ,ishby agreement lrith the chilean covernnent a d.elegation to visit chile. on the otherhand., there was theoreticalllr nothing to prevent the Grou! from ceffying out nanyaspects of its work by d.elegation if it so decid.ed, and that night, theoreticallyspesl<ing ' possibly inctude a visit to chiIe, subJect to this not being in conflictlrith its mandate, though the Group vas not at that time offering to appoint sueha d.elegation. 'lhe croupts position l,/as that any delegation which the Group mightdecide to appoint wouJ-d have to be chosen only by the Group itself from a'ongits members.

-_LO -

38. The head of r.he Chilean goverruneht delegation considered, that thepronouncement of the Group that it could work through a delegation representedpro€ress, and. he promised to convey the Grouprs point of view to his Government Ihe expressed the hope that co-Operation between his GOvernment and the Group wouldcontinue in the future.

39, The inforrnation subrnitted. oraLfy and in writing by the chilean governmentdelega.tion during that neeting and in other d.ocuments is reflected in the TelevantchaDters of this reDort.

II. CONSTIT{,ITIONAI AND IEGAL DEVEIOPI,IENTS

)9:, 1l its report subnitted.. to the General Assembfy at its thirty-first session(A/3L/.253 ' chaps. rr and_rrr) trr" la-i."-w.rtiig c"o...,p described the chir_es.n

:::::ial:t:yt an. Lesistative aevEf6liEnts relevart to its inquiry as wetl as thelmpact on humen rights of the state of siege. The report aeal-{ wiih theconndssion on constitutional- Befora, rrr i "rr-ira

a been estabfished after the Governnent{Ti3.h"q assumed power for the purpose oi

"i.to..ti'g a prelininary drar-r of a nerPol-it ic al. const itution; tue estai:-i-srm.nt !-.i the council of statl as a sulreneconsu-ltati ve body to the president or tne Fepubfic in matters or gov"r.rn..rt anacivil adrinistration; the est abLishn ent e/ o-f four legislative cormittees to beresponsible for the d.rafting of decree lao,", "ia the Governnent ?s annormcedl::::lt:l l?,"romutgare constitutional acts to f"ot."t the potitical, econobic an.socla-L stTuctr're of the country until- the elaboration of a iefinitive constitution.rn the observations 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 vere*::::ioi*,::u,il:^l""t: of constitutional Acts l,ros. t_4 rnrere ennexed. 3/ ra the.e!or'r, rrJ/u^.4/rzz!, chap. fI). subsequently submitted t. tf.. tr.Jrtylifr=ira

".""io'of the Conmission on Hunan Rights in'f9|T iy irr", Working c.ol,p, irrl ""il."tprovisions of Constitutional_ Aets Nos.'2, :".rra-q were analysed (see in pa"ticuLarE/CN ,\/:.'22I, paras. 86-88 ).

l+l ' sirrce septemb er 19T6 the legar dever-opment s in chile have been characterizedby a vell--pubLi ci zed att€npt, through the -enactmeut of constitutional -acrs, rogive the appearance of the restoration or trr" ""r" of raw and respect for hrinanrights' Sehind this fac ade exists trre t..iity-of subsequently enacted legisr-ationwhich effectivety annuls the operation of the constitutional provisions. ofspeciric importance are decree_t aws Nos. 168l+, 1688; iaBt ;;u-igsi-;;"b*do uo, 10?rthose 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 institutions42' constitutional Act No. 2, entitled rrEssential bases of chilean institutions',,was pronxuLgated on 1r- septenber r-976 and entered into force on 1g sept enber of thel3?,.I"?I: ! 1ts pregr]le the essential val_ues of. the 1esal order of the chilea!:a:r:ol are set forth. 4/ The operative part repeals certain articles of thePolitical constitution-of the Republi. .ia-p"o.'io"s bases for the powers andrespons ibi.Lit i es of the State and. its organ-s. 5/

Constitutional Act No. 1Decree-law No. I22O of 21

Al c 3 / 3r / 6 / Add. 1, annexes

see E/cN.\/122I, pata. 57.Ibid, , paras. 58-61.

-17-

of 31 December agTj.Apr il 19?6.

Jt ), O and r.

!2/

1/v5/

-lo-

)+3, Transitional article 2 provides:

"Wittli.n a period of one yeax following the entry into force of this Act' thedecree-lavs nodifying the Political constitution of the Republic vith regard.to the povers of the state and their exercise shall be reproduced in the fornof 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] rightsand dutiesrr, B,/ contains the principtes vhich vi11 govern the application andi.nterpretatioi- of ttre ri.ghts end duties promu.Lgated by the Act. It is recognized.that rrthe protection and guarantee of the basic rigtrts of the hunan person are ofnecessity the essential- basis of 8ny State orgpl-izat'iontt . 9 / The rrneed tostrengthen and enhance the rights recognized in the Charter of 1925 ard toincorporate new guarantees in accordance vith contemporary constitutional doctrineand the international endorseuent thereofrr is expressed. 10/ ItFreedom of opinionand infornation" is recognized as ttbeing one of the rnost vitaL freedoms in the'world of today", while the necessityrrto establish essential norms to plevent theabusive exercise thereofrr is observed. 11/ The "appropriate protection of theright to or,,n propertyrr is acknov.ledg "d.-g It is asserted that rrhowever pe"feeta declaxation of rights may be, those rights are i]lusory unless the necessaJylega1 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 isbased., it is necessary to declare unlavful. ard contrary to the institutionaloraler of the Republic any act of ind.ividuals or groups aimed at disseninatingdoctrines which impair the family, advocate violence or a coEception ofsociety 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 alsoEl cN.E/r22r, paras. 62-63 and 77.79.

9/ Constitutional Act No. 3, preambular para. 1.

_LU/ tOld., prea;lbular para. 3.

preambul ar para. 6._LJ_/ 1O1d.,

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 establishspecj.fic hunan rights; it nay be noted that "i t"""1 3B provisiois -containedtherein are subJect to further definition or implementation by mea-ns of ra's o?statutes to be subsequently enacted.. Chapter I entered into effect on18 Septenber 1976, but no legislation defining or implementing its provisions has,to date, been enacted. The Lrorking Group reaifirms its observationi on certainaspects of the constitutional developnents made in its report to the Cormrission orrHuran Rights (E /CN ,)+ hpZL, paras . 86-88 ) .

\5. rn chapter Tr of the Act, entitled rrJudicial remediesr, article 2 establishesthe renedy of protection, which ensru,es that any person who, as a result ofarbitrary or i]-1egal acts or omissions, suffers any deprivation of, interferencewlth 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.esignatedagent to the appropriate Court of Appeals, which sha11 adopt the n"""""r"ymeasures to restore the rule of .]-a-ir and ensure due protection of the peTsonconcernedrt. The subparagraph of this article requires the supreme court to issuean auto acordado setting forth ru-res governing the handling of such appears.

!t. Artiele 3 revives the constitutional guaraltee of the right of habeas corpusenbodied in article 15 of the pol-itical_ Constitution ot I9Z5 I th" r.".r""o d.e a.pa"o.1+8. Artic.Ie J naintains the suspension of article 9 of the political constitution,which rrensures to ai-1 citizens tle free exercise of politicat rightsr, the freedomto organize and Join political parties, and the expression of oplnion by sucheltities.

\9. Transitiona]- article 3 of the Act, vhich provi ded that within a period. ofJ-80 aays fron0 the date on vhich the Act entered ].nto force, the organic lav onexpropriations 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 exbenalingthat period to 18 Septemb er a9T7,

50. The President of the supreme court made the follor,ring remarks in his speechinaugurating the judicial year:

rrln Constitutional Act No. 3 recognition is given to the basic hurnanrights and to the faet that tlrey constitute the essential found.ation of allthe State institutions; in order to protect them, special remedies arepl'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 forvhich an irnperative need has been felt over the years.

"The renedy of protection is afr the more necessary as the interventionof the state in many different aspects of the life of groups and individualsincreases' citizens cannot renain helpless in the face of abuses or arbitraryacts conrqitted by the administration, and the adrninistration must be nad.esubj 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-

?

51, Constitutional- Act :Io. l+, enti.tled "Energency r6gines"".{-/ en"cted on

ii's"pi.*1"" rg75, sets forth in the preamble ttre consiaeration-s to be taken into

account in conferring pover6 to ot'"""o^u the threat or cccurrence of "euergency

situations"' f7/ rt i" siai"a that 'rsuspension or restriction" of fund'amental'

righi"-;*""t !6 proportionate to the g"t"ity of the emergency so that they are

inposed onl-y to tne exteni that they te strictfy necessaxy for the maintenance of

the sovereignty, territoriat inteerity, institutional structure and normafitv of

""ii.".i- iil"', . 'fel It vas aeernei apliopriate nto assemble " reorganize and

systernize,, various prori"iorru of the- iof-itical Constitution of the Republic and- of

.il;il;s l"rn" i'in oid.er to have a coherent and harmonious bodv of 1aw for the

benefit of the national conmunity". 19,/ The operative portion of the Act provides

that "the rights and. g,tar'.nt"." irhi cfi-Const itutional Act ilo' 3 ensures for af1

pexsons may be affected on].y in cases of ernergency envisagecl in followingirii"r."";'eo/ the cases ofl energency ar'e described, Lf and the

. states, r'rhich may

be consequently decJ.a.red- *" "olri.tai " d" 22/ For a fuller exposition of the

llorking Group's observations on the proviJions of Constitutional Act No' l+' see

El ci,t.\ / L22L " paras. 5\-Tl+.

5?. The sole transitional- articl-e provides that, with the exception of articles 13

and 1l+" the Act lroufd enter into force 180 days after its publication' i'e'" on

11 l.larch 19??, and trt.t'"iliti" the -I8O-day ptiioa' a law complenenting the Act

would. be pronulgated. Article 13, which entered into force at the date of

publication of the Act? provides ih.t thil-" , ttergency regulations ale. in force the

period of 48 hours pto.rii"O in p*ttgttpn 6 (r;) of article 1 of constitutional Act

i{o. 3, during which the authorilies nay hol-d an arrested or detained person before

notifying the competent J ud.ge and placing.the person concerned at his disposaf isextended to 10 clays. Ar;icie 1)+ eitered into force at the s ame time as

Constitutionat Act llo. 3, i.e., on 11 September 1976'

53. Article 1l+ of Constitutional Act llo' l+ states:

"The remedies of protection and of €rparo (habeas corpus)-]aia dom inarticles 2 and. 3 of Co-nstitutional Act It'o '-: =r,"rr only be appl-icable to the

extent that tit"y *"-oJoiiy cornpatit're \^tith the lega.l provisions governing the

emergency situations referred to'"

15l See L/C.3/3L16/Add..r for the ful1 text of this Act;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'

20l Ibid. " articl-e 1.

zJl ry1d. , article 2.

n/ ]}id., arti.cle 3.

see also ElcL -\h22I "

-.?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 therebyinposeil coincident vith their enactment.

5\j On 28 January 1977, decree-fav No. l68t+ was issued; Z3l it provided. in itssole operative paragraph that article 1l+ of constitut ionaf-act rri. L le rFnea.redand replaced by the following:

- -ttThe rernedy of protection provided for in article 2 of constitutionalAct No. 3 shal1 not be applicable in the emelgency situations referred to inConstitutional Act No. \ ot 1976 or in other constitutional or 1ega1provisions. rl

,5. The consequence of this legislation is that the remedy of protection whichConstitutiona-l Act No. L had previously d.eclared only appticable where rlwhotlyconpatiblerr vith legaL provisions governing emergency situations was no' decla"edto nol be applicable " in such situations. It appears, however, that Lrith theenactment of d.ecree-1a\^r No. 1681+ the limitation ii articre lL oi constitutionalAct llo. 4 on the right of a.mparo embodied in article 2 of constitutionaf Act No. 3has 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 furtherrestriction of the renedy of protection,-and the removal of any restriction on theremedJr of a^mparo (habeas corpus).

56. The legislative anendment of constitutionaf Act ltro. )+ as it affected theremedlr of protection aroused criticism in various Chilean circles, nith regard lrothto its content and to the manner in which it had been enacted. The cornnission onconstitutional Reforrn, which is charged r^rith the task of eraborating a draft ofthe new constitution, 2V issued a document stating that "neither tie conmissionnor any of i.ts nembers had participated in the d.rafbing of the decree_Iawn. 2fl57' rt o'as also reported. that three members of the connission had resigned. or hadbeen renoved from their posts. An analysis of the irapact of these deveropments rra snad.e in an editoriaJ- in El_ Mercurio:

t'Who could doubt that His Excellency, the president of the Republic, hadbroad powers to renove any of the jurists who n with no remrmeration, arestudying and dxawing up the new draft po.litiea.t Constitution? It is a factthat the Head of state can nake additions to and chan8es in the nenbership ofthe Conrnission drafting this document, This is the case of the 1ahlr'er andprofessor 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 on31 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.

"None of the jr.:rists vho raake up this Cornnission has executive ordecision-naking powers ' They merely pxopose a draft or constitutionalformula 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 constituentpower' nor the powers of the President of the Republic to exercise his highauthority.

''ThepovertoleplacethejuristsontheconstituentCornnissionisno;'then, under debate. What does, holrever, give rise to questions is the factthat the Cornmission, thich iniiia-1ly had seven rnenbers, is now composed of only

for," (tft" fifth' Sergio Diez, is the present Permanent Delegate of Chile to the

United l{ations) and that for various reasons' the lar'XrersAIej andro Silva Bascufr'an, Errique Evans de la Cuadra and Jorge Oval.le have

ceased to belong to it; ihey "&t"ilot.d va.Iuab].e ideas from their respective

.\riFlrnoints nnd their "o1't

coulA only benefit the Governnent since it consistedof proposals or suggestions which in no way affected the freedom of thePresident and of the Junta.

"The above-nentioned circumstances are important, because this is a

slrmpton of the restriction of the basis of support or civil coflaboration riththe Government. No other r-egine in history had more right ' or ind-eed a

greaterobligation,thanthePresentonetoacceptciviccoflaborationuithoutrestrictions. Its roilitary origin nakes it possible for the Government not todiscriminate vith regaxd to eaxlier political ideas and to bind itselfexclusively to the pitriotisn' knowl-etlge and the competence of those vho arewilting 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/

58. On 28 January 19??, the sane d-ay on r^rhi ch decree-lav No' 168l+ was enacted

declaring the remedy of protection inapplicable in emergency situations' the actingchief of the zona de tueigencia ot san-tiago issued. a r0ilitary order !!./.suspendinga1f broadcasting by Rad.io PTesid.ente Ba.hnaceda. The Christian Denocratic Partyhad 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 ofsuspension to the r0ilitary couxt ' but the recurqo de. regtalmg vas"reJected' In view

of the new lirnitation on itr" ".r"qy ot proffiIl6il ttte of Appeals rei ectea

the appeal. The samultaneous enactment of decree-law No' f68)+ ard' the order

"'rr"p.i-aing operation of Radio Balnaceda may reasonably lead to the conclusion that

such action was not a rnere coincidence.

-22-

26l ll Mercuriq., 22 Mav 1977.

27/ Solidaridad' No. 20' June 1977.

28/ Published on 2! January I9T7 in "Boletin d'e Prenss No'

Coman-dancia en Jefe det Ejereito'l' as reported it IL !lE!gg4g,

29/ concession gra.nted by decree No. 625.

1I de la30 Jaruaxy. 1977.

59'. Tne action taken against Radio Balmaceda vas wid.ely criticized; the follovinqstat ement appeared in El I'{eTcurio, "

"For the inforrnation media and for the organfzations representingJoumalism' this measure is a violation of the freedom of infornation rqhich isrecognized 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, RadioPresidente Ballraceda has been closed dor,m. ?he measure is trased. on the factthat the concessionaire of the radio station is the Christia-n Democratac party,which is allegedly infringing the provisions concerning the recess ofpolitical parties.

!'Unfortunat ely, it is more than three years at.te? the recess came intoforce that this fact is noticed, when it vas a matt er of public knowledge, asis admitted in the decree itself; it causes unemploynent for nuaerous speakers"operators' Journar-ists and administrative empl.yees and d.eprives nany thousandsof 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, hopesthat the courts of justice, whose right it is lo interpret the law, willenable ow associate' Fadio presidente Barmaceda, to reopen, i-n accordancelrith the law. " !

60. The hesident of the Supreme Court, in his speech of 2 March 19TT inaugr:ratingthe Judjcial lrear ' after stressing the irnmense inportance of Constitutionat ActsNos' 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 constitutionalAct No. )+ in the foltowing terns:

rrconst itut ional Act No. l+ refers to emergency r6gines. T consider it myduty in view of the office r ho1d, to make sone remarks about the breadth ofthe porrers conferred by this Act, to vhieh r am of course refe*ing sor-ery interms of constitutional theory' rt r.us t be borne in rdnd that the Act inquestion is destined to have permenent effect and there is thus a possrbilitythat it might lend itself to abuses at some time in the future and enalreGovernment s then in power to violate essential guarantees which are enshrinedin 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 respectto the restriction of personal liberty but ar,so vith respect to freedon ofopinion, 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 toproperty. There can be no doubt that these measures r,rere inspired by theJ.audable intention of ensuring internal_ security and public order, which axeso gravely threatened in our day by alien intervention; however, experienceshovs that legislation promulgated vith the best of intentions ard in perfectgood faith can subsequently be distorted or evaded by the sort ofinterrrre tat ions of r,rhich ve have seen such deplorable examples in the past. Ialso feef bound to express my concern at the fact that the rerledies ofrlF^+F^ri^h ahch'in6d in ConstitutionaJ- Act lio. 3 are nov to be restricted. insoue far-reaching but ilI-defined nanner, whenever the emergency situationsdefined in Act j\lo, \ obtain. " ?/

6I. The Working Group has also received a nulber of conmunications fromauthcritative sources expressing concern as regarals decree-lav No. 168\, whichindefiniteJ-y postpones the possibility of exercising one of the judicial nech€risnsfor the protection of human rights.

62. Although decree-law No. l-58l+ does not explain in its prea.nb]-e the reasonswhich led the Government to adopt such measures, they are stated in the Presidentrsspeech of 18 March 19?7 (see annex XI), as fol.loi's:

"The abolition of the remedy of protection during any state of emergencylras dictated by the difficulty of applying it until such time as the new Iawto 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 giveful1 1ega1 effect to the institutions establ-ished. under the lelevantConstitutional- Acts . .. r'.

Although the pronise in the last sentence strikes ar encouraging note, the Groupcannot refrain from expressing its surprise at the fact that the remediesguaranteeing the exercise of human rights recognized by the Government I s onnConstitutional Acts should be rendered ineffective by the Governmentrs failure toprornulgate the legal- instruments needed to bring then into operation. There isa.11 the more reason for concern when one considers that the prevailing legislativetrend is to institut ionaLi ze the states of emergency.

63. On 2! March 1977, the Supreme Court of Justice, in pursuance of the secondparagraph of articl-e 2 of Constitutional Act No. 3, issued an aut o acordqdo settingforth rules governing the hardling of appeals invoking the renedy of protectionvith respect to constitutional guara.ntees; it stated thst the provisions in questionwere rrapplicable in such cases rrithout preJudice to the provisions of decree-1awNo. 1681+ ot 1977. 33/ Subsequently, vhen alloving an appeal in a particularcase, 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 servicealleging arbitrary acts and. omissions ... directly affecting the right ofpropertyr' ( Ef__lq.=sr"rq., f5 April- 19?T).

/...

"the avaifability of the remedy of protection in respect of arbitrary orillegal- acts or omissions not covered by any of the emergency situationsreferred to in article 5 j)/ ot ConstitutionaL Act No. L1" i" sone otherconstitutional_ or 1ega1 instnrmentrr. 36/

This ruring, al-though it seemed to be positive and to point to the existence of acreative, more autonomous ror-e for the Judiciary in the application of the 1aw,nevertheless gave rise to concern inasnuch as ii establi"L"d " d",trg"ro,.,"divisibility in the operation of constitut ional- rights, extendine .iudiciafprotection to some of then in certain circr:mstancel lrJ, "*rrpi.l irr.-"ierr, .rproperty in the case referred to) and re.ving other fundamentat rignts defencelessand exposed to the arbitrary exercise of powlr lrhenever it is naintained that theexecutive authority is acting in virtue o-f th" po"ur" entrusted to it in emergencysituations.

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 remedy of protection whollyinapplicable whenever the country is in a state of siege. 3?/ "1". 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, during states ofe'ergency Like the present situation in Chile, in the case of aiy recursodg_proteccio6 presented before the law courts, whatever i;"-;;"",ffvithout exception or distinction of any kind, the courts !.ust arrsiain fronrhearing the matter and definitely rur-e that the recurso cannot be receivedand 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 protectiond.oe s not exist". 38/

65. The.Working Group notes.with regret that the renedy of pr.otection enunciatedin Constitution Act lrlo. 3 has ceased to exist as a legal ,"r"dy "" a result ofthe 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 thethe state of siege.36l See Et- l4ercurio, 2I April 1977.

!! Case of Marianne pascal_ Al-lende, t:eported. in El- Mercurio,38/ E1 Cronista, 3 June 197?.

ileclaration of

? June 1977.

B. Decree laws

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 constituentpower, provides for the dissolution of the suspended political parties and otherentitiei, groups ' factions or movement s of a political nature, and also maintainsthe suspenlion oi article 9 of the political Constitution of the State, vhichestablishes and protects poJ.itical rights. other provisions of the decree deprivethe 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 tbed.isposal of the assets of such entities (article 2)' It i's provid'ed that theassets 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 ofthis decree vhich prohibit further political activity carly severe penalties 'includ.ing exile (article 3).

67. The measure embraces the potitical parties not affected by decree-taw No' ??

of I October 1973 but covered' by decree-law No. 78, vhich declared them-to be rtin

recess". !-/ "Ibe preamble of dec"ee-1aw No. 1697 states that these politicalparties "[-ave continued their activity, which has Ied to the development of theiype of ideological and partisan confrontation which previousfy promulgated

aecrees were designed to prevent"' In his speech of 18 March 1977president pinochet stated that the dissolution of the political parties shoulil be

understood as part of the move towards the "national objectivelr and that "underthe new institutional system, the political parties ' from being g"oups bent upon

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 thesoundness of their theories and their practical aims".

68. President Pinochet also referred explicitly to the Christian DemocraticParty 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 thel-eaders of the Christian D&ocratic Party, Andl'6s zaldivar and Tomd's Reyes ' and

nade public by the Government, which reglrded it as subversive (E] l{ercurio '

T.

12 March L9??i Ultinas Noticias' ].2 March 1977; La.Tercela de 1a Horq'-r | | 1 :=-:-====----::

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 persistentlyanal repeatedly violating the recess inposed on the politicst parties nad.e itnecessary to proceed. imnediateJ,y with a measure which the Government has beenannouncing for sone time as part of its institutional progranme. This is theon.l-y reason vhy the dissolution was applied to all the paaties in existenceon 11 September 1973.!l

69, The newspaper El Mercurio has also recently expressed its partial disagreeDentwith sone or tne GoiEiiientlE-tatest measures. rn a weekly political conmenrary,bearing on this occasion the title t'surprising changest', the newspaper refers tothe suspension of the political parties:

"As a result of the changes that have been announced, the right tod.isagree publicly appears to have been reduced and any activity of politicalpalties becomes crininal; the latter provision could even apply toorganizations that were not political parties on 11 September 19?3, Itvoul-d have been possible to define the crime of violation of the "recesgl ofpolitical parties and penalize it severely, thereby discouraging the noreobvious atternpt s to bring back the old type of party activity. fhe ssmelegislation could. have defined the activities that constitute a violation ofthe "recessrr and those that constitute a legitimate exercise of the right todisagree. It coul-d also have indicated what constitutes a Lawfulorganization for citizens for public purposes.

"By virtue of a constitutional ruling, political activity appears toha.ve been conpletely outlawed, and" this affects or could affect even socialorganizations that support the Government, inasmuch as they night beregard.ed as rentities, groups, factions, or movements of a pol-iticaLcharacter ' . " l+1/

?0. Fuxthermore, from an "exclusi.vely noral and pastoral viewpoint t', thehierarchy of the church has made publie \2/ its opinion on the present situationin Chile in reply to the presidential me-ssage of l-B March 19??. With regard tothe suspension of political parties, the statenent refers to !'the profoundly l_egalt"ad.ition and character of our nation", which is linketi with "the existence ofparties representing the najor trends of civic thoughtrt. rt was further observed.that in accordance with the teaching of the Church, any nelr stTucture |tcan onlyarise as a result of a free and nature national consensus, legitinatelyexpressed'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 MetropolitanRegion 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 theEpiscopal Conference of Chile, published in E1 Mercurio, 25 M8;rch 1977(see annex )CIII).

!:/ rlia.

"1. As from today, the establishment, issue, publication, circulation 'distribution and marketing in any form of ne!,t newspapers ' iournals'periodicals and printed rnatter it general shall require prior authorizationby the Chief of the fmergency Zone.

"2. The import and narketing of all types of books' newspapers 'Journals and printed matter in general shall also, as frorn today ' be sublectio 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

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editorial entitted "cultural shrinkage", El Mercurio rrrote:

\\/ Cf. decree-Iav No. 1281 and band.o No. 98 (see A'/3r/2'3' chap' rx)'

\5/ EI Mercurio, 10 April 1977.

"This is not a political problen. It is a cultural matter' Nobody atall, hovever gooa tneir intentions and honever elevated their visdom' isab].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 thepossibilities for reflexion' research and criticisur to whieh the Chileans

have a rigtrt. " \5/

'13. The hierarchy of the Church has made public its opinion on "freedorn ofeipressiontt in a

-statenent by the Episcopate entitled itour national coexistence":

"We also wish to give our opinion' based on the doctrine of the Church

concerning me&sures - Jome of whicft are quite recent - vhich substantiallyrestrict freedom of information and opinion vithout prior censorship' such

meaBures d.o not favouT the formation of authentic public opinion, which isan indi.spensable condition for a national consensus' The unity of a nationrests on the possibility that through nunerous and effective channels ofexpression ali valid interlocutors can responsibly state their opinions"asienting or d.issenting, at every decisive stage in the course of nationalaffairs. As the Church teaches:

"'lnrhe?e there is no manifestation of public opinion and above all where itis found not reatfy to exist' l'hatever tlle reason given to explain itssiLence or absence' 'we should see the defect or sickness' a disease of social].ife . .. To stifle the vcice of the citizen and reduce it to forced silenceis, in the eyes of every Christianr an attack against the natural act of man

and a violation of the world order as established by God'. (Pius XII" at theFirst Internationaf congress of the Catholic Press, 1J February 1950' )

"We consid.er it our legitimate duty to point out that the great majority

^r ^il"izana rrf l-tades unions and professional associations, and' of the socia"l

cornmunication rnedia, have sbovn a maturity and a patriotic e,rrd realistic

understanding, eren when they d.isagreed with the viers of the covernnent,vhich in our opinion nxsfte then dese.ve, not more restrietions, but lrideropportunities of expressing themselves and thus taking part in theformation of a genuine consensus.

_ "The consequences of these measures could be serious, not only for theinage 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 ourcountry- Moreover, the church cour-d not conscientiously accept restrictionswhich wourd- lirnit its legitinate right to receive information and to teachits 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 thestate of siege, As will be reca11ed, on 11 Septelrb er I97 5 the state of siege ofthe national teffitory was modified by d.ecree-1aw No. 11g1 froro the leve1 of''].nternal defence" to that of "internal security'. \7/ Since the.t time, thestate of siege at that revel has been renewed

".r""y-Ei, xaonths; nost recently,decree-law No. 1688, promulgated on ! X{arch f977, lg extended the state of siegeuntil 10 Septernber 1977. Considering the fact ttra-t ttre state of siege was firstdeclared on 1l- September 1973 and has been extended several tines, by10 septenber 1977 (tne date of expiration or decree-law rqo. l5g8) thl republicwill have been under the state of siege for a period of four years. fn thisconnexion, 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 ofsiege 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 appficablein the event of civif connotion caused by rebel or seditious forces oreanized.. ors.bout to be organized, openfy o" clandestinely;

(c) state of siege in the degree of 'rinternal security', which is applicablewhen connotion is caused by

"ebe1 or sed.itious forces which are not organized; and

. (d) State of siege in the degree of rtcivil commotionr', which is applicablein 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 ofinternal security for a period of six months from the date of publication of thislegislative d.ecree in the Diario ofiqia1". The decree vas published. on

11 March 1977.

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 soletransitional article the Act vas intended to enter into force l-BO days aftelpublication, \9/ tnat is, on 11 March 19?T' and. a lalt conplementing the Act vasto be promulg;ted vithin that tine. 50/ It wss stated that such compiementarylegislation "rnay provide for different levels in the states of siege, defenceagainst subversion and disaster, and sha1l determine rrhich of the guaranteeslaid dovn in articles 5, 6 and I nay be suspended or restricted in the case ofeach artic1e". !/ Considerabfe importance clearl-y attaches to thiscomplelenta"y 1# in viev of the fact that Constitutional Act No' )+ only outlinesthe regulations to be applied in states of emergency, leaving the effectiveness ofthe rights and guarantees enunciated in Act No. 3 to be determined by theprovisions of the complementary 1aw. Tt rras recognized in the prea'1h1e ofConstitutional Act No, l+ that "suspension or restriction of .,, /fundamentalrightsT must be proportiona.te to the gravity of the emergency so that they areimposEd only to the extent that they are strictly necessary for the maintenanceof the sovereignty, territorial integrity, institutional structure and norrnalityof national life". 52/ It $as firther stated that 'rit is appropriate to assemble'reorganize and syst-natize '.. fexceptional measuresT in order to have a coherentand 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 toenter into force, decree-law No' t689 (see annex IX) was published' in the DiarioOficial. Article t (b) of that decree amend.ed the transitional- article ofi6iltit,rtional Act No. h to provide that the "Act sha1l enter into force on thedate of publi.cation in the Diario oficial of the complementaly larr referred to inarticle 113-". N The effecl-i?-EEiiEE-1av No. 1589 is to postpone indefinitelythe pronutgatT-on of the conplementary J.av and to make the entry into force ofconsiitutional Act No. J+ subject thereto. The reason given for the delay is thatthe legislation in question relates to 'rcomp].ex subjects which had to be

sufficiently mature and required thorough analysis'r and that "for these matters itis necessar! to ascertain the vievs of various institutions and bodies whieh willbe appl-ying the said fegislation"' 55/

77, fhe Inter-American Cormission on Hr:man Rights, in:'ts third T€port to the

-?o-

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 ofsiege by decree 5?/ in view of the enactment of Constitutional Act No. 4. Thiscorment carries &en greater validity in the light of the current situation:

"An entire nettork of iurisdictional, procedural and. adrinistrativesubtleties and differences separates eacb one of these systems fron theother, leaving a comaon el-ement whieh is the predoninance of speeiallegislation over pernanent and regular institutions, or the primacy of thepowe" of the llead of State over written ]aw. " $./

The Group feels bound to express its concern about the unpred.ictable and arbitraryIaw-naking proced.ures vhich subJect the Chilean citizenry to the insecuaityinherent 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 thef'rente Juvenil de Unidad Nacional (Front of National Unity for Youth) ' thePresident of Chile defivered a speech describing the basic lines of theinstitutional 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 aredistinguished 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 alsodifferentiated by the legal institutions which must be estabfished or empl-oyed ineach stage. "

79. It vas stated that the country was currently "in the nidst" of the recoverystage, and the foflo{ing statenent 1|ras made concerning the present and future roleof the military:

ttfn the recovery stage, politicaf power has hacl to be taken overen+.i,.elv hw thF armed Forces and the Forces of Order, with civiliancollaboration, but later on the more provisional need.s of the situation viflbe shared vith the citizens, who w-i11 thus have to melre the transition fromant't o}nraiinn +n iortiainstinn

7i/ oEA/Ser.P, AG/doc '795/77, rz Mav !9"17, subnitted to the seventh regularsession of the 0AS .

57/ At lir]at tirue d.ecree-1aw No. 1550, vhich extendeil the state of siege to10 March 1977.

2ql OEA/ser.P, As/doc.795/7'l , L2 Mav L977.

22/ text furnished by the Pernanent Mission of Chile to the United NationsOffj.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, whenpor.rer vi1l be exercised directly and fundamentally by the citizenco and theArmed Forces and the Forces of ord-^r '!.'i11 retain under the constitution therol'e of helping to safeguard the flndamentals crf cur institutional system andmaintaining 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 toenact further Cionstitutional Insiruments for the various natters of aeonstjl.utionsl naf.ure which they sLill clo not cover, a-s veII as :jone vjLallyinportant legisla"tion on security, labour, social welfare, education and othersubjects r,-hich i"rilt be prepared at the same tine. The 1925 Constitution wiilthus be finally abolished; in subsi:ance it is already dead, but legally speakingsome smal1 portions of it rernain in force, ancl this is not advisable.

I'Siraultaneously, the Constitutional InstTrnnent s alreaqy promulgated vi1lhave to be revised in those respects in which practice has shok'11 the need tosupplement, amend or clarify then.

"The culninarion of this entire process of preparatjon and pronulgaLionof the Constitutional fnstrunents, which wi1.t continue its gradual pro8ressfrom noff on, must in any case, I think, be before 31 December 1980. since thebeginning of the transitionaf stage should be no later than that and. shouldcoincide rdth the fu1I valldity of alr the legaI institutions for which theTnstrr.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 aChamber of Representatives. The establishment of the Chamber r,ras envisaged to takeplace during 1980, the menbers to be appointed by the Gove"nment Junta n lsinceelections 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 electedby direct popular vote. After that tine, it would be up to the Clramber tc appointthe President of the nepublic ? nrho rrould serve for a six-year period."simultaneously, and this inplies an advance fron the stage of transition to thatof 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 beplovided for in the p"ograrnne of future institutionat deval^hnan+ ^,i+t jh

president of Chi1e. ralll]Ile oI Iulure lnst]"tutr-tr-r usvcrel.d.lr,, --,r.,,r,ed by the

60/ The fu11 text af president pinochet's10 JuLy r97?.

speech aDpeared i.n El Mercurio of

II1. LIBIRTY AND SECURITY OF ?MSON

A. Arrest andd"!.q@

l-, Ararest and detention

1/ Note verbale dated 20 June 19?? from the ?errnanent Mission of Chile to the

Unitea- Nations office at Geneva addressed to the Secretary-General ' /...

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 continuedto 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 beingpresented, their relatives wele not inforned. of the place of detention' and tbeiaxiloura period of detention without reference to the competent iudge or the Ministerof the Interior was invariably exceeded. In addition, an increasing number ofarrests 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 toirianapping ' ttre d.etention takes place without witnesses ' the detainee does notrpp.u.i- irr-"r, official place of detention and the detention is denied by theauthorities.

$+. fhe Group also reported to the Connission on the large-scale release ofpersons who naa been held under the state of siege vithout specific -charges beingbrought against them and the expressions of satisfaction both in Chile and

throughout the .worfd at these releases. After the rel-ease of Luis CorvalSn (see

T,/cN.i /L22r, paras. lol+-121) and Jorge Montes ' it was reported by the Government

that no one a,as held under the state of siege provisions 1/ (see paras. f7r-\77) 'However, the Gloup has received informati.on that recently several persons have been

d.etained by virtue of the st8.te of siege under decrees of the Ministry of theInterior (para. 89).

Br- In prior reports of the Group reference was made to the international.legalstandard.s and the Chilean constitutional and legislative provisions governlng

arrest and detention. chilean 1aw provid.es, in cases of arrest both for illega1u."1" u..ra unde" the state of siege, lnat prior vritten authority for arrest nust be

oltain.d (except in the case of arrest in flagrante delicto)' Chilean 1aw alsoprovides that iotification be giv.n witEii-I6-I6iii-iT-6iie"t to a iudse or to thedetained person,s funit'-i"t"tE oi "i"eu), and that within a limited tine - l+8

hours for crimi.nal acts, five days under the state of siege - the arrested person

must be released or turned. over to the conrpetent judge or to the Ministry of thefnterior. 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 forthat !\rpose. Written authority must a].so be obtained to conduct searches and'

und.er the state of siege provisions J a copy of the warrant must be left after the

^),-J.+ -

search (ABr/253, paras, 120-f32). rn this connexion the Group notes, as it didin its report to the comdssion on Human Rights (E/CN.\ h2?I, para. 88), that, inspite of the provisions governing arrest and detention in constitutional Act No. 3,1-hF r"rrl pc i n +^'^o --i ^.1,r rwt' to the promulgation of that act continue to be applied inaccordance vith the transitional articles of thau acr.

86. The evidence received by the Group concerning the curr:ent practices in Chile inmatters of arrest and detention d.emonstrates that the techniques described in theGroup's last report to the connission continue to be enployed, while some arrestsare made in homes, the majority take place on the street in a manner designed toavoid leaving any trace of the incident. Rarelv are arrest or search warrantsdisplayed' and the d.etainee's famil-y is not inftrned of his location as the 1awrequires. Arrested persons, at least initially, are not detained in the lega1pla.ces of d-etention snd they aJe held for longer than the 1av a11ol's wlthout beingturned over to the competent judge or to the Ministry of the Interior. Theevidence before the Group indicates that in chile arbitTary arrest and detentionnow form part of a new system of intinidation consisting, broadly, in (i) detentionfor a short period of time, a few hours or a few aays; (ii) questioning andtorture; (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) reairestin some cases, and (vi.) intinidation and hat'assuent of fomitv members (see al-soparas. Il8-11+1). l/

87. Arrests and d.etentions in Chile since late lpJ5 appear to be focused. onpersons vith trade union connexions or those having ties to the ChristianDemocratic Party, the sociali.st Party and the catholic church - in particular theVicaria d.e 1a Solidaridad. The croup reported to the last session of thecornmission on Human Rights that for the last thTee months of 19?5 between 15 and 20arrests 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 viththreats of reprisals if the detention is revealed, rend.ers an exact count of arrestsdifficult, the information received by the Group indicates that such detentionscontinued to take place during the first six months of LSTT at an average rate ofbetween 10 and 1) per month. Tvo recent series of arrests and detentions, certainaspects of which received. considerable press coverage, are ill-ustrative of the

2/ The Group has received testirnony and 'written statements relating to thl'eetsmede to detainees and their fanilies about what would happen to them if the detaineedescribed his detention in public, and for this reason the Group has keptconfidential the sources of certain infornation. One witness testified that as hewas 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 ofthe members of hi.s fanily r,rould be in danger, even if they vere outside thecountry, if he descxibed publicly his treatment during detention in Chi1e.

3/ See the report on a visit to Chile during JuIy ]1977 byMaitre l,ouis Edmond Pettiti, avocat h, la Cour d'appel de Paris and Bdtonnierd6sign6 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 Chileanauthorities in several other i.nstances. Ttre first series revolves around thekidnapping of Carlos Alna].d.o Vel.oso Reid.enbach and the d.etention of personssubsequently accused of the kidnapping, and the second concerns ar"ests of membersof 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 on2 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 questionedconcerning 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. BothCarlos 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 unknownlocations for questioning. fhe son reports that under threats to himself and tohis 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 beresponsible for the kidnapping. 4/

89. ftre Group has received information on the arrest and detention of the personsvho were accused of the kid.napping:

(") Mr. Osvaldo Figueroa, vhose arrest was reported by the Chilean nevspaperEl- l.{ercurio of 12 May J-977 as a kidnapping " reported in a post-release interviewthat 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 kidnappingCarlos Veloso. ft is also reported. that attempts were made both to forceMr. Figueroa to adeit having sexua-l1y assaulted. the young Veloso and to force theyoung nan to adr0it having been assaulted. Mr' Figueroa remained d.etained. at anunknom location for several days urrtil his transfer to Cuatro Ala.mos, and hisvhereabouts 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 tQu6 Pasa, veek of 23 June 1977. certain of these press reports atteripted toconnect the Vicaria de Ia Solidaritlad with the kidnapping and. the defence of thekidnappers. See also paras. 128-130.

5/ For further information see the reports of interviews with hiro after hisrel-ea-se (annexes XV and XVII). It has also been reported that some time after hisdetention and in response to a nTit of amparo the Ministry of the fntelior infornedthe c.urt of Appeals that Mr. tr'igueroa vas leing held in Cuatro Alamos by virtue ofthe state of siege, und.er d.ecree 23?8 of f3 May 1977. Although the employer ofMr. Figueroa certified that at the tine of the kidnapping of veloso, Mr. Iigueroa

(bJ l'{r. Robinson William Zuleta Mora, another of the accused kidnappers, wasreported to have been detained. for the fi?st tine on 9 May 197?, blindfolded andtaken to an unknown location, vhere he lras tortured.. He succeed.ed in escaping andreturnecl home, rn this connexion, it is reported that the court of A.ppeals refuseda 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 accompaniedhim rn'as ejected fron the ambul"ance some d.istance away. Thi. s second. detention vasreported 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 Drouillasand Mr. Luis Mardones, who vere also inplicated in the kidnapping " are reported tohave been detained on the street, respectively on 10, 11 and 12 May 19??, and takento an unknovn location. fheir whereabouts remained unknown for some time andsubsequently it ras reported that they were being beld in cuatro Alamos by virtue ofthe 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, lrasreported by 'eritnesses to have been d.etained on 11 May :'977 and, he is reported to bestil-l nissing. Mr' osvaldo Figueroa and Mr. Eduardo d.e la Fuente report having seenhin 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 inaccordance vith the procealures prescribed. by the Lav in forcet. I{owever:, it hasbeen reported to the Group that the rrrilitary Judge (Fiscal Militar) charged withinvestigating this case has decid.ed to enii hii investigation. 10/

-lo-

( continued )

was at his place of {ork' the nevs media continued. to report that he was being heldin connexion with the kidnapping. It is a]-so reported that on 28 May 19TZ it wasannounced that Mr. Figueroa, Mr. de Ia !'uente, Mr. Mardones, Mr. Drouillas andMr. zuleta had. been placed at the dislosal- of the Fiscaria Militar en Tiempo d.eGuerra (war-tine military courts) chargea, inter a1ia, with kidnapping. On23 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 inMaJ 19?7 and one of them is stiU uissing. !Ir. Guilleruo Bel-lo Doren testifietibefor€ the Group that on I May 197T be was aletaineal on a street in the centre ofSantiago by five individuals dresaed in civilian clothes, lrho blinalfoldetl hin andtook hin to an unknor.rn location, vhere he vas tortu?eal and. questionetl on hispolitical- 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 forI5 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 ofhis family vould be in Jeopardy if he revealeat $hat ba.d happened. to hin (seeannex XVIII), IL/ In testiuony before the Group, Juan Carlos Vill-ar EtriJo' a23-year-oLat stud.ent, reported. being tletained on 13 l,tay 19?? by persons in civil-ianclothes identif}ing themselves as coroing from "Investigations " vho searcheal hishouse and questioned bin and his fasily concerning GonzeLo &riJo Gutierrez ' amemler 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 receivedinfornation that Israel vicente Garcfa Rarnirez, a zo-year-oLd active nenber of theChilean Socialist Party, was detained, together v-ith his w'ife, on 30 April 1977 inSan Fernanalo. 9/ ttr. Vi11ar Bri jo testified to hawing heartlMr. Israel- Vicente Garcla being questioneal and tortured at the place where he l'asd.etained in Santiago, and a sworn stateuent has been received from another personwho 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 theSocial-i.st Party of ChiLe was d.etained on 2 May ]!977 ii the street by securityagents, blindfolded and talren to an unknovn location, where he vs.s interrogated analtortured; after threats had been made to his family, he r,tas released.. The Grouphea"d testiloony fron two witnesses who vere detained vith hiro.

92. Ihe techniques alesc"ibed above are illustrated further in the atlditionalreports of recent arrests and d.etentions and are to be found in annex XIX'

?. Detention of persons eccused. of crimes andthe right to a fair triel.

93. As has been ind.icated above in relation to the iletention of those accused ofthe kidnapping of Carlos Veloso, Chileer authorities coutinue to clepriveindivi tlual s of their liberty by virtue of the state of siege o! the basis ofdecrees fron the Ministry of the Interior. In adttition, inctivitluals ale alsoaleprivea 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 anddistributing pamphlets l-3/ or belonging to certain associations. lV

91r. fnforrnation received by the Croup indicates that many of tne:e c3ses continueto be tri.ed. by military courts and even in some cases by war-time nilitarycourts. 15/ the Croup has aLready noted in prior l epol ts t6/ tne signi-ricanL lossof bssic guarantees enlail-ed in the nornal rniliLary court procedure; and inrelation to the war-tlme roilitary court procedure the Gloup found that rtboth intheory and especially in practice, the war-time military lrocedure fail"s toprotect 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 ofthe Veloso kidnapping (Mr. Zuleta and Mr. Drouilfas ) are to be tried. by a var-timenilitary court on yet unspecified charges. Tn view of the secrecy involved in thisprocedure, 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 theaccused- 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 ofcrimes and held in custody for a ].ong period of tine without being brought totriat. For example, the Group has been informed that Jos6 I'ernando Saavedra Romelohas been detained since 2l+ April 19?5 18/ and that Roberto Sapian R., detained on11 September f973, is sti1l being hel"d-in the Valparaiso gao1, anaitingsentence. 19l

!1/ ft is reported that at the be€inning of May, nlne peopte were detained bythe carabineros rnterligence service (srcan;. some af theix homes'rere broken into,After being interrogated for two or three days, they were traasferred inconmunicadoto prison, accused of having r^'ritten subve"sive pamphlets and cf having collaboratedvi'th others in their d.istribution. Alr- were stilI under the jurisdiction of thefiscalia 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 andManuel Rolddn Martinez (29), fbe rnajority are workers or labourers of the Et-an detftnFleo Minimo (ptrM). (Solidaridad, No. 2b.)

14/ It is also reported that six persons were detained in Antofagasta andCalana 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 betried by a war-time ni.litary court. In addition, the Group has fearnt that t3persons

_ detained ln Valparaiso during the nonth of Jr:rre f9?T wifl also be tried bya 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-

OA rfi16 J'^ r'r ^,,.i - - .i - 4^-.,rl,wlmati.on has been received by the Group ind-icating the numberof persons indicted a,nd awaiting trial- for political offences (which includedistribution 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 Grouptsreport to the Conrdssion; hovever, in that report 263 indicted persons werereported to have been provi sionally released (E/CN.l+/1221, para. 122).

97. In relation to persons convicted for political offences, the Group hasreceived. the folloving statistics concerning the mirber of convicted- personsactually deprived of their liberly or released as at 16 $:ne 1977. 2I/

nahPi lrad ^f I i }1aF+1' .

fmprisoned 189

Coropulsory transfer ofresidence by sentence ?0

Released;

Release on parcle ?0

Suspension of scntence 98

Total- convicted persons )+Z? (of "'hon

360 in the provinces)

In this connexion the Grou! was also i"fo"r.a that at least 1,000 persons had beensubjected to compulsory transfer of residence by administrative ord.er under thestare of siege or by transfer in the course of prosecution. 22/ fn its report tothe 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 ofChurches.

2V Report of a mission to Chile under the auspices of tbe Wortd Cor.nci} ofChulches.

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 thoseinprisonea. 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 Santiagoi16 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 theSuin 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 ternimprisonment who were still being beld in prison in chile during the first quarterof L977 has been brou8ht to the attention of the Group:

Senator, l+T years ol-d' detained in the Capuchinos Gaolannex,

Vice-chai:man, Official State Joumal , lr4 yea.rs oltl 'tletained antl serving sentence in the Capuchinos Gaol annex'

MaJor in the Chilean Armed. !'orces ' lr8 years o1tl, detained

a.nd. serving sentence in the Capuchinos Gaof annex.

Captain in the Chi].ea.n Armed I'orces, 32 year o1d, detainedand serving sentence in the Santiago Penitentiary.

Seanan, Valparaiso Prison, sentenced- to 1"3 years.

Valparaiso Prison, sentenced to 11 years.

lance-corpora], )

Lence-corporal. )

Corporal. )

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'trichpolitical prisoners are he1d. in Chi].l, which ineludes reports of atteupts to nixpolitical prisoners 'ltith comon crininal-s ancl to d.eprive them of contact vithoutside auihorities engaged. in assisting political prisoners. It vas reported thatattenpts 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

ERICK SCHNACKE

CARLOS I,AZO

BNESTO GATAZ

RAUL VBGAAA

JUAN CAIDENA

MNAN PACHECO

PEDRO BLASSET

ruAN ROLDAIII

PEDRO LAGOS

JAIMN SALAZAR

23/ Solidaridad, No. 21, p. 6.

Group that, in neny cases, the faroilies of political prisoners encounte? severeecononic and social- obstacl-es in trying to nake a living antt that often they arerepeatedly visited by agents of the security services. Ulon release the forrerpolitica]- 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 astatement received by the Gfoup fron en ex-detainee who ?ecently left Chile; thatstatement reflects information received fros other sources.

B. Disatrpearance of detained. persons

101. Information concerning the disappearance of detained persons in Chile hasbeen reflected in each of the reports of the Ad Hoc Working Group to the GeneralAssembly and to the Commission on Human Rights. Tn its report to the Comtissionat its thirty-third session the croup stated, after considering the informationbefore it, in particular evidence from released detainees who reported having beendetained vith nissing persons, that it could not escape the concfusion

"that a systen ha.s been established in Chile wheleby individualsbel-ieved to oppose the present r-egimeo ineluding persons active in thelabour novement, are arested by Chilean authorities and detained in variousunknovn locations while the responsible authorities deny their arrest ordetention and that, after having been interrogated. under torture, mo6t ofthese 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 seenagain and the d.iscovery of mutilated. bodies, and the fact that no seriousinvestigation of nissing persons had taken pface, the Group cal-J.ed upon theGovernment of Chile to make a fu]-l investigation of those occurrences and make theresu.Its public (E/CN.l+ /I22I, para. f85). The Connission on Huran Rights, in itsresolution 9 (XXXIII), adopted after the Grouprs report was considered., ca11ed.upon the Chilean authorities to put an end to the inadmissible practice of secretarrests and subsequent disappearance of persons.

102. The Croup has described above the infornation it has received concerning thedetention and disappearance of persons in Chile in f977 (paras. fi-92). fn nostof these eases, the detained individ.ual has reappeared after a certain period,r^rhich varied in each case, but both Jorge Troncoso Aguirre andIsrael Vicente Garcl.a Ramirez reme.in missing (paras. Bg, gl). In addition, thereport of a recent mission to Chile effectuated under the auspices of the WorfdCouncil of Churches contained the names of tffo other nissing persons:

24/ In relation to the observations of the Government of Chile on the Grouprsreport to the Ceneral Assenbly at its thirty-first session, the Group, in itsreport to the Connxission, noted instances in which the Government did not deaf viththe facts indicating violations of hunan rigJrts presented in the report ard otherinstances in which such facts vere confirmed in nuch of their substance by theGovernment, In relation to sti.ll other cases, the Group reported it had received-new testimony from persons direct.ty concerned confirming the information containedin itc l"cr.r+ i..1 1-he f:cnc7, l Acecnlr] rr ot it< rhirtl.-fircf cc<<inn(E/CN.\/1221" para. 183). The croup also notes statements by the Inter-AmericanConroission on Human Fighrs (Third Report on the Situation of Hrman Fights in Chi1e,OEA/ser.P. Ac/doc.795/77 ) to the effect that the responses from the covernment ofChil"e have not "in afl instarces been as complete and precise as woul-d have beendesired" (p, 3) ana that the Governuent failed to answer fu11y the questronsraised bJ' the cormission (p. )+3).

.-\3-

I'lx. Fuyt er hrrique Correa Arce, a 62-year-o1d. former labouT leader \rho leportedlydisappeared on 27 l4ay 1977, and, Mr. Hern6n Soto Galvez, a 55-year-old formerConmuni st Paaty leader 1,/ho reported-ly disappeared on 7 June 19?7. In the monthsof l{ay and June 1977 the number of detentions and rnissing persons reported to theGroup increased,

l-03. Prior reports of the Group contained information on the numerous detainees whosubsequently disappeared in Chile and the efforts Irithin Chile to deterrnine theirvhereabouts and obtain their freedom. As indicated by the Group in its report tothe Corunission on Human Fights and as reported elsewhere" U/ l.he number ofdetainees r4issing since September 1973 has been estinated at betveen 1,000 and21000. A report of a recent mission to Chile 26/ indicates that one reliablesource has a total of fl+t conplete files relatTi! to the following disappearances( see a.Iso paras. l-2lr--l-27):

?l7 nar can c

9?fl -arc^nc

77 ha'-^ne

'I 77 rer can <

Disappeared in

I a7?

I a")r

'r o7q

In the folloving paragraphs, the Group reports on the infomation re.lative tothese 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 citycounci]roan of the Comuni sl Party for the ciLy of Concepci6n (see afsoE/Clr.\/722I, para. 102 (a)). According to a declaration byCarabineros Captain Clemente N. Burgos (annex XXI), Carlos Contreras Maluje r,rasdetained on 3 l{ovember 1976 by individuals vho identified themselves as DIITA agentsand 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 Councilof Churches,

'2U Tor press reports of Lhis case see EI l'fe-^"-r^ I2 'r'r 1? Fah'rrary 1977'13 an-d rl+ apri: rgTz; s"iia.rri.il r.. "ri." :--:j:-:-::':--::'

?!_/ l,is testinony is corroborated by testinony in the files of the Groupgiven by Ca.ptain Burgos before the Court of Appeals and by sr,rorn statements in thefiles of the Group fxom thc folloving lersons: Luis Rojas Reyes, driver of the bus;Jaime 0swaldo -oj-Lfa 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.

/.,.

?2/Sant iago :

-44-

of chife has d.enied the detention (E/ CN.\/l.21+7 /Add.l, p. 6?), tne court of Appealsfound. 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 thefnterior responded that he was unable to comply because Mr. Contreras Malule vasnot being detained. It vas reported to have been determined subsequently thatthe automobile used in the detention of I{r. Contreras vas registered to theChil-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 usedthat autonobile at 8,30 a.m. on 3 I'trovember 1973 io travel to the Ministry ofDefence, that it was left parked in front of the l{inistry and that at 1430 hourshe used it again to travel to his office in the Directorate of Intelligence ofthe Chi-lea-rl Air Force. 30/

Excerpt from the judgenent of 31 January I97T ot the Court of Appeals of

t'Whereas the recoad of these proceedings, ar}d the record.s in caseNo. 103.372 of the Second Higher Crininal Coult of this city and in caseNo. 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 Nationalfnteffigence 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 beendenied by the said organism, the Court nust likewise accept that it wascarried out without adequate crd-ers from any authority, which is corroborated,noreover, by the various reports nade during the hearing of case No. 26)11-76on 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 theaforernent ioned Constitrtionaf Act No. I, a liberty vhich al 1 persons'instilutions or grotrps jncluded thereunder nust respect in confornity viththe provisions of article 7 of that basic }aw, and of uhich this Court isca1Ied upon to be guardian urder the provisions of article 3 of theaforementioned Constitutional Act No. 5;

rrBy virtue of these facts and in conformity al,so with the provisions ofarticle 306 oj- the Ccde ol Crininal Procedure' the recurso de anparo presenbedas the rnain cause on page 3 of the petition on behalf ofca"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

^C +hF e,,}lip.+ ^l- fhF onl

--JAIo 'Cs,rlos Humberto Contreras I'{aIuJ e, the I'tinister of the fnterior nust arrangefor him ta be freed irnmediately,rl

30/ It is also reported that this letter stated that an effor of identificationcould have been made, due either to a mistake by the vitnesses ol: to the use offalse nunber plates by a group that vished to attribute the acts to the securityservices (Solidaridag, No. 22). /...

-4?-

105. Iir ' contrexas I'{aluj e is stil1 reported missrng and the Grour has not learnt ofan' a-tti:7Trl;ir ir lro fiuhst3ntiate the information in the letter of 2g J-rn e nor oi. anyarr€-ngement s to haqe the r,ritnesses to the a]:rest identify those security agenlsrrho 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 thecommission on Human Rights reproduced a sio-rn statement by an eyewitness to thedetention of Victor Diaz in ,^rhich it was reported. he rras using the nameJos6 santos carrido Retamal. 32/ The Goverirnent of chile informed the Group of theexistence of an arrest varrant for Mr. Victor Diaz, Jl/ ala according to anewspaper reFort, 3\/ lhe Minister of the lnterior stated to the supleme court'rthat there vas no-evidence that victor Diaz h"d-;";;-;;;.

"i "a;"t"i"lr."iGarrido Retamal had bcen ilTresteil on 12 May 19T6 .and releascd the next day. Astatement by l{rs. victor D{az giving information on contects vith her husbandafter 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)+ ofGuil-.lerno Roberto Beausire Alonso, the Governnent of the United Kingdom, by aletter dated 1 February 1977 (ar:nex XXIII) brought to the attention of the Groupa memorardu& srmmarizing evidence in the possession of the Governrnent of theUnited Kingdom to the effect that, after leaving Chile in Novenber llJl+ol'{r. william Beausire vas returned to that country. from Argentina and held secretlyin detention at least untit July l9T5 (annex XXIV). The ietter stated theItcarefully considered viewrt of the Sritish authorities that rrrnhen taken as a .whol-e,the statement s made to them by witnesses constituie n rlerqrrcqirre }.nrtv af evidencewhich can leave rittle doubt that william e""r"ii" -0,J.'i"i"r."

i' rr" &i i* ro.several months after November 197l+rt. This letter also stated that the memorandumhad been subnitted to the Chilean Foreign Minister but that the chilean Government r s:ep1y l:/ was unhelpful in attitude and 'nsatisfactory in content and that they'rwere obliged to conclude that no xear attenpt had been made by the chileanauthorities to ]-ocate l{irfian Beausire or investigate the facts of hisdi 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 ofthe statements referred to in the nemoradnum were transmitted to the Group; theyare 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

the United Kingdom to the croup and isreply was transmitted by the Government of

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 assistedl1r. Lorcars father in his a.ttercpts to fincl his son, appeared, before the Group totransrnit the folJ-olring infornation: Carlos Lorca, Jr. ' a grad.uate of the School ofr,rediciner tlniversity of Chile, was seized on 25 June 1975 together trithl{rs. Carolina lliff , at or near 120 }-,rauIe Street in Santiago, Chile. on 18 Jul-y 1975a petition fcr a r"rrit of habeas corpus was filed in the Supreme Court of Chile andsix affadavits vere attached. describing his seizure by DINA afients, on 17 July 1975an Ttalian lavyer e Guido Calvi, telephoneC, and taped a conwersation r,rith aColonel Estinoza in the office of the l'linister of Defence during r,rhichColonel Espinoza stated that he could not suppl-y infornation because Lorca was und.erarrest and would be tried in court. Sj.nce l1r. lorca's disappearance, severa,lpersons have given affidavits stating they have seen him in several detention placesin Chile, including Cuatro Alanos and Villa Grirnaldi, 36/ and recently contactshave talen Dla.ce betveen the father of CaJ].os lorca and a person representinghimself to be an office" in the DINA. ltho net with I4r' Lorca specifically to arrangethe release of his son.

{.I itlrer rissinp' nersons

toa. ,* a.t--**Ies of the kind of infornation concerning the detentionof 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 wasctetained to{ether r'rith r,lartin Elgueta Pinto, Juan Chacon Olivares andllaria Tn6s Alvarado Borgel at the DTNA detention centre at Ca11e Londres 38. TheCroup has e.1so received a statenent by the nother of missing personlle\..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 orderrequiring that the Chief of Cuatro Alarnos aDpear befo?e a court had not beenres_oected. nhe Group also received. eyewitness reDorts of the arrest ofRosa 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 ofthe 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 irisonerin Chi1e.

3Tl See A/ro28,, annex XVrIr ].ist A, ITo. 100.

3Bl See E/C$,\/I??I-" annex VffI, p. 3.

39/ see A/I]2B5 " arnex XVII, list A, t\To. 6.

l-1"0' The.Group in its report to the cor,mission cn Human Rights at its thirty-thirdsession (E/cN.\/f22r, para. 138) gave information concerning nissing persons vhohad been seen in detention by persons released from the various detention centresin chile during the last ouarter of 1976. Vltrile preparing the present report, theGroup. heard testinony from nunerous witnesses vtro teitiriea to iavin8 be€n detainedin Chile together with persons reported to be sti1l rnissing; the 1:lsi of theseurissing persons is reproduced in annex XXfX. (See also paras. lz]+_fz7).Infornation concerning this testinony was transrnitted to the Government of Chileand the Governnent r s response is reproduced in annex XXX.

-ll T-

(-)

(h) Cases of adnission of detention and s denial Chifean authorities113' The Group has also reported cases of missing Fersons in whi ch the chifeanauthorities in the first instance adnitted det ention, only to deny it later. )+1/Nunerous such cases have been p"esented to the Suprerne Court of Chil_e; ,;;'"#"amons.the 383 cases presented in Ausust 1976 (E/ci)+ jieir,-p"r.".--iirr.]rgll. Tnrelation to the following.three missing.persons, the. Grcup has received copies ofofficiaf documents adnitting aetention (in.ru* xixrtt), B;r;;;.-;;i;;-iurnr".v

"na

40/ Case of Claudio,Eugenio Blanco (A/3I/ Z53n para. ZZ\) and observations ofthe covernment of Chife (A/C.3/3f/6, chap. IV.c.B); -case of M;;"i c;;;;.r.| ' t^- ,^,'^\A/ 5L/ta3) para. 22r) and observations of the covernment of Chile(A/c'3/3r/6, chap. rv.c.B and F/cN,L/r2?i, ;;';: rB3)i detention or eisht personsi:.Idg?lli"q (1,/,1/ aSs, paras. 2l+1-21+?) and otservatlons of the Governnent ofChile (A/C.3/31/6/Add.1, annex 20, and E/cN.\/1221, paras. 1dg_f_69i.

- -r+V Case of Martin Elgueta pinto (A/3I/p53, para. 237).

1l-1' .ne of the difficurties encountered in trying to rocate missing persons isexenplified by the cases in vhich the chilean iuthorities deny, usua.rfy in responseto a writ of anparo. that they are hold.ing a certain person _-only to adnlt itsubsequently.--Ftances have been given in prior reports of the Group, 4Ol andthe folloving information has been received iecentty.1l-2' rn relation to the death of Gustavo H,mb erto castro Hurtado, the Group hasteceived 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 rnteriorrsdenial of detention a:rd the sub s equent-Ti6rmat ion that her husband had con,raittedsuicide whil-e in custody. Another signed statement (see u""""-fffirj*ias oeenreceived by the Group in which I,Ir. Genaro Bernardo Appelgren Donoso describes hisdetention, the death of two fellov detainees, the rejection of vrits of a4rparqbased on the Ministry of the Tnterior's denial of detention, and his rer-ease fromPuchuncavi.

-[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 onlluman Fights 4al the Group d.ea1t r^rith official investigatlons into the large-scaledisawear-ances of detained persons in Chi1e. Soth reports contained inforrnation,in partieular, on the rejection by the Suprene Court of Chile of petitions forinvestigation of cases of nissing persons, incJ-uding information showing that thereasons given for such r-eJections, vhen verified, did not correspond to thefacts. a3l The Group, in its report to the Corunission, a-fter havins revier"ed theinformation it had received concerning investigations into cases of missin€lpersons, concluded. that no serious investigations had taken place and called onChilean 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 reportsubrnitted to the croup by l,laitre Louis Edmond Pettiti a:rd \{attre Bernard Andreuin the following terrns: trThe families which include a 'desaparec.llu' are in apart icularly tragic situation: to the shock of the arest of their relative rrhois now being detained in some secret place, is ad.ded mental anguish, livingexpenses which have often become more difficul-t to meet, and the hostility ofthe authorities ,., " !! The effect on the health of children of a nissingparent 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 therejection of the petition concerning 383 nissing persons. Hovever' these reasonshave 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^}.+ .^n+ihrrad in +hF f.l l^ ind +armc.r eyv! e ev4w4!r

t'Aftcr exolo.iro ".r""" ewcn,rF ^r\an ln tlr-r under Chi-Lean -[aw to ascertainthe fate of their refatives, these faroilies receive from the governmentalauthorities replj-es vhich are inadmissibfe from the point of vielr botlr ofreascn and of the most elementary humanity: no evidence of detentionr goneabroad vol-untarily or recently ... all of r"hich allegations are contradictedand d.enied by the testimony of many vitnesses, paJticularly detainees vhohave been released. The official replies which deny the existence ofsecret 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 onbehal-f of !01 raissing detainees by members of their families, together with2,100 other persons, including four bishops, many deacons, priests, members ofthe cl-er€jy and of the Christian conm,nities, professionals, employees, uorkersand representatives of numerous labour unions and social associations. 9/ Mat inguse of their constitutional ri-ht. of na+.ii.i^n l-he sisnetories of i.hp r,--titionasked the supreme c.*t ;;-';;il;-;r:-;;;.;',i,.,i'"r,"i"'i]';l,rl","in. iuuie orthe resutts of the investigations which ilere ordered so as to throw light on thewhereabouts and fate of the persons who had been reported as missingtt and askedthe Supreme Court to let the Government have the evidence in its r:ossessionregarding 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 areover\^rhehring testinonies and r,/e11-founded presumptions for concluding thatthese Dersons have disappeared since being arrested by renbers of DIllA.tln a high percentage of cases, the detentions fo11ou the sane procedureand show sinilarities pointing to the existence of a systematic and permanentsystem of repression, possessing a high degree of efficiency andco-ordinationt. They connent on the failure of the judicial steps thathave been taken and on the fact that nothing has enabled the whereabouts ofthe nissing persons to be discovered. They wonder vhat the reason for this isand say that rthe investigations rnade at the sum:lary stage by the examiningnagistrates lead nowhere: judicial suumonses requiring the officials ofDINA to testify regarding their alleged participation in the acts in questionare either ignoled or f1atly rejectedr and conclude that rthe truth is thatthese actions show that the attributions of the most honourable SupremeCowt have been bypassed. The drana of the nissin€! persons is contributingto 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.rndsthat the Court lacked the competence to make the request asked for in thepet it ion .

2. Investigations into disanpearanl1s g-qcul13nAL11Novenbgr 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 itsthirty-third session, l+8/ Att.t various writs of amparo and criminal complaintsfor kidnapping had borne no fruit, the fanilies of-ilE-tni s=ing persons asked theSupreme Courb to order a- special investigation (by a ninistro en llisita). Therequest was grarted for 8 of the i3 persons concerned, and Judge AJ do Guastavinovas appointed to carry out the investigation. He began his investigation onWednesday, 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 thatthe eight persons had lefb Chi1e.

1,L9. The families of the eight, judging that no real investigation had. taken placeard that Judge Guastavinots activities vere notarial rather than investigative innature, asked that the investigation be reopened. They requested, in particular,a flr1l investigation into the following points: (a) tfre circu$stances of thearrest of the rni.ssing persons, which vould include taking the testimony ofvitnesses; (l) ttre whereabouts of the missing persons betrreen thei" arrest andsupposed. exj.t from Chile; (c) the circr:mstances surrounding their leaving thecountry, including vhether they complj.ed vith bando No. 85 49/ and whether therrControl 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 sometime l-at er expand.ed it to include the disappearance of Fernando Ortiz Letelier andWa.]-do Ulises Pizarro Molina. 5U No further information has been received on theprogress of the investigationl-

3. Request for inve st ion of cases of missthe sit-in at the headouaiters of the Econornic Comnrssloners of the Econornic Comolsslonfor Latin Ameri ca

121. On 1l+ Jrme t9??, in the headquarters building of the United Nations EccnomicConmission for Latin America in Santiago, a sit-in and hunger strike, subsequentlyvidely reported in the world press, was initiated by 26 individuals, mostly vomen,vho were reletives of nissing persons. They addTessed a message to theSecretary-General of the United Nations (annex IrXXV ) which stated, in part:

"(l) We denand that all the cases of missing persons should be clearedup once ard for all ... The reliable lists are those which appear in the

lU n/Cll ,\/t221, para. 103. Annex XXXIV contains information concerning thetlisappearance of these individuafs as ve1l as infornation supplied by theGovernment s of Chile and of Argentina.

lr9/ Bando No. 85 of 25 February ]975 of the Jefatura de la zona en Estado deEnergencia de 1a Provincia de Santiago, This order provides in part that personsl-eavin€ ChiLe nust fu.rnish the l.{inistry of the Interior with certain infornation inwriting )+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 theassistance of thousand.s of world figures, men of culture, 1ar,yers, trade_'nion'lFadora a+^

r'(z) we demand the estabrishnent of a conmission of investigationconsisting of eninent persons of irreproachabl-e moral character fron Chileand other co,ntries .'. rf the chir-ean authorities recognize the position andconpetence of an organization such as the united Nations, there is no reaaonwhy a coromission with united Nations backing and. r4'ith the status which it wil1derive from the eninent persons appointed to it cannof carry out an anarysisof the evid.ence in this case ...

rr(3) tastty, ve denand absolute respect of aJ-l individ.uar. €luarant ees forourselves , "

122. 0n 23 June 1977 the United Ns.tions Office of public fnfornation issued astatement which read, in part:

"T,ast night the Secretary-GeneraL received from the Acting permanentRepresentative of chire the reply of the chilean Government to severalproposals which the secret ary-Generaf had. made in order to sofve the problenof the sit-in of 25 chilea-ns in the ECLA offices in santiago. The covernhentof chile is prepared to give information on the whereabouts of relatives ofthe Group of 26. The Governnent has also decl,ared that it will not applysanctions against the members of the group.

The hun€er strikers rrere inforned of this statement and as a result they decided. toend their hunger strike and addTessed a messa€le of thanks to the secret ary-General(annex 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 thesit-in was held.

123' The Group has received. a report from a mission to chile under the auspices ofthe world council of churches concerning events that have taken place since theend 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 and9 July. r personal-ly questioned the rn'omen who had ta.ken pa"t in the strikeand had been visited by the DINA. The latter \^rant ed. to know hov the strikehad been orga"nized., vho the leaders had been and vhether the church had beeninplicated. The replies had been recorded, a'd attenpts had been made to forcethe participants to sign statements. rn some of the cases, four officials inpl-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 tookthe 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 halfhours: rYou wi].l pay dearly for not collaborating with ust"' 52/

The Grou! also received the following telegram dated 15 August 1977 from the

Presid.eut of the wo"ld Peace Council and' transnitted it to the Government ofChile vittr a request for con:nents:

ttSix vomen rel-atives tlisappeared prisoners vere arrested Friday frontSupreme Court in Santiago ,' Crrile , demanding cl-arification situationreiatives. Violations Juntars connitnent to United ltrations after hrmger

"t"it ,ltn.. Behalf nillions peace freedom fighters all world we call farurgentmeasurestoprolectthe.sewonentocompelJrmtafulfilnentobligations.Beipectfully yours, Ronesh Chandra, President IIPCtt ' g

fll tot another report on this subiect see

visitl-to those having taken part in the sit-incopies of statements of the persons visited and

then to the Supreme Coult.

51/ rlhe Gove.rnment's cornment s on this matter o contained in a note verbale

dated.az6;;;;'i;ii-i;"; ;;;' xxxvrrr)' were received on the rinal dav or the

Grouprs August series of rneetings in Genewa'

annex XV. In relation to thestrike the GrouP has in its fil-esof a report on the matter made bY

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D. Lists of nissin€! persons and government replies

124. During Decenber 19?5, the President of the rnternational comittee of theReal cross transnitted to the Government of chile tno lists of misslng persons,totalling 893 individuafs, whose cases had been referred to the Chilean authoritiesby the Red Cross. These two 1ists, along rrith the information relating to someof 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 ForeignAffairs of Chif6 on ttlree occasions (22 tebruary 19?7, fO ley 197? and10 Jr:ne 19??) sent conmunications to the presidlnt of tbe rnternational- committeeof the Red Cross concerning some of the nanes on the Fed Cross lists. One ofthese co@unications described the substantiaf obstacles in the way of achievingrapid. and full,y satisfactory resu-Lts in the matter, 5j/ ry\e Government r sc ornmuni. cat ion s to the Bed Cross contained infornatioi-on 63 of the 993 allegednissing persons; l+6 trad been visited in their hones and found to be leading anormal- 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'orensicMed.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 personsof August L976 presentecl to the supreme court and in this report it hai referredto tbe l-ist of 50.I missing persons of March l9?7, al_so presented to the Suprernecourt. fhe cxou! knows of no direct officiat response to these tvo lists deaJingwith nanes inc]-uded in the lists.

55/ The parts of this letter, dated 22 Feb"uary l9?7" relevant to the matterread as follows:

"(a) ft has been established, from reports of irregulari.ties iir theelectoral registers, that, r:nder the p"evious Government, ma.ny personspossessed tffo or more identities, based on forged id.entity cards bearingthe names of non-existent persons.

To give an exampl-e, Mi guel Enriquez, the leader of the Movirriento deIzquierd.a Revofucionaria" had a total of 13 different identities inhis possession when he vas killed in a cl-ash between terrorists andpolice 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 theefforts to ove].throw the Government of Chile by violent means. Innany cases, such persons obviously use false identities, as a necessarymea.rrs of carrying out their subversive actirrities.

"(c) There is also the fact that, since long before the advent of the presentGovernroent, the legislation in force in Chi1e had traditionally beenvery 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 ofIdentification 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

Red Cross, the Group notes that' concerning the 63 persons the Governngtl,:| !:i1'reported as heling been located, one person vas in fact not reported mlsslng lneither of the two Red cross fisis nor ly the Vicaria d'e la Solida"idad in itstwo presentations to the Supreme Court ot chl:,e ' 56/ The Government also reportedthat another misslng person had been recorded as de-ad by the Institute of Forensic

Medicine at Santiago ' However, the Group has recej.ved informstion from thatperson's parents that he t"" *ith then in Concepci6n after the time he was

|eportea iy the Institute to have died and the Group notes that the identity card

nunber ot the nissing person is not the same as that of the person reporteddead,. 5't/ Sinilarly, the Covernment reported that missing personJ"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 themi l ii.a7v t'".,r]t,n c iam-iento of September 19?3 there were vatious arnedconfrontations between the folces of ol!de]' and extremist groups whichput up a prolonged resistance to the nev authorities; the tensaonprevailing at tiat time, plus the difficulties of accurately identifyingthe persons referred to'above, have not n'ade it possible in all cases todetermine the name s of the persons involved"'

55/ In its reply to the Red Cross (Part C' No. 1, of the memolaJrdum of22 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 Vicariaor thl Worhing Group. The Group notes that the Red Cross had reported as nissing aperson with a-siltilar name, l'{r. Roberto Fernando Jorquera Anoiio' €nd that in the

later memorandun of 10 I\Lay I97T " the Chilean authorities reported that he was

living ln Paris .

57lT]r:'eGovernmentofChilereporbedinthememoranduoof22Februaryl-9?7tirat fii. R;;rig""; c6t"uro ll6ctor, identitv card Na' 23895t5 (santiago) was

recorded by th; Institute of Forensic Medicine of Santiago as having died at10.25 a.n. on 19 Septenber 1973- Hovever, the Group has received a -statement from

Yolande C6rcamo Lopez in which she states that her son, H6ctor Rodriguez adrcamo

iia""ar-v-""ra- u.. -

e:AA fl of Concepci6n), was arrested. in Concepci6n by carabinerosin 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 havethe same na.me or the same ideatiiy card nirmber as the missing person. !B/ Inregard-to the remaining 50 individuals reported by tne Goverinerrt o. 'h=-Jn

g-;..r,located, the Gxoup observes that none of ihem are to be found on the twopresentations to the supreme court by the vicaria de 1a solidaridac that arereflected in the ICRC 1ists, nor on the lists contained in the l,/orking Croup,sreports, and that despite an eight_nonth period in 'I,rhich to carry out-theinvestigations, 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 forfurther particulars concerning 65 names of nissing persons which appear norethan once in the Central Identification Bureau (cabinete Centraf derdent ifi caci6n ) , tne croup notes that infornation concerning 13 of the 55 r"rasav1if1bl e from the Supreme Court since they vere included ii the Vicariapetitions' and that one person was reported in the same memorandum as living inSantiago (Albefto lvlufroz Muffoz )

12?' Annex LV contains a ccmposite r-ist of infornation concerning mlssing personsfrom the trn'o Red Cross lists and the tvc petitions of the Vicaria de laSolidaridad to the Supxeme Court of Chi1e. The information supptiea ly tireGovernnent of chile to the rnternational coumittee of the Red cross is refr-ectedin annex LVf.

of invest igations

lAB, The difficulties encountered in defendine persons detained in connexionwith the -state of siege, incruding the t"d;;il; in the nurber or ra."vers ass'ringtheir 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 CalleD<^ D--^ r^ r r. ^ o-------li-Dro-Dr.o 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 inValdivia.'r (Part A, No. l, of menorandum attached to the l_etter of LO l,4ay ISZT).I'{r. Sergio A-tejandro Riffo Ranos, with identity card. No. 325,5I, of Concepci6nwas 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 chileundex the auspices of the rlorrd council of chuaches that }ar,lrers dearing viththis case received f"om the coverrmet of chile an affidavit indicatinglhat theperson 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".." ,"o"rt"aroissins.

I. Ob_s!?c-Les placed jn the wayol dt sapDeaTances

Cooperaci6n para la Paz were dealt with by the Group in its report to the GeneralAssenbly at the thirty-first session. 59/ Information

"eceived' by the Group

j.ndicates that some of the obstacles d-escribed there and otbers are now beingplaced before those seeking to d.iscover the truth concerning nissing persons'Annex lG)fX contains excerpts dealing with these issues fron a "eport

of a

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 agenciesta co-operate ',rith the

"o,.rit " i., investigating d.isappearances (paras. 1)+9-153)'

the Group had received reports concerning ptrysical attacks on a lawyer connectedwith the search for n,issing persons, M tne prevention of a lawyer frcdlattending a hearing on nissing person-s through a false arrest 61/ and an attenrytedreprisal 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 Vicarlade 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 whereaboutsof 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 offorraer detainees were brought by DINA agents before notaJies public in order tosign 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 ofChile-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 attackon 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 the13 persons reported missing in Iilovember ard December 19?6 (paras. 118-120) and inthe request rtr anparo in favour of Be1lo Doren (para. 91).

6t/ tfre father of l4r Contreras llaluie, I'{r. Luis Egidio Contreras Aburto ' a

lawyei-acting to free his sono reports that he was stopped by carabinqros of ^

Curico vhile driving to Concepci6n to attend the taking of testinony in relationto 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 truckrsvindshield. l4r. Contreras Aburto lras thus plevented fron attending the hearingand he states that the carabineros told hin that vhat had occuxred was theresponsibility of DINA inaE6 sTdan. A copy of this report is in the files ofthe 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 ofChurches. see annex XL.

| . ,.

mrsslng persons who were, in-fact" not nissing. 6)+/ fn fact, hovever, in thecases mentioned either no writ of amparo naO ieeir pres ented or one had. beenpresented. not by the Vicaria, but by menbers of the fanily of the personconcerned.65,/

F.

13f' The Group has received reports fron reriabr-e sourees of recent attenpts byagents of the chilean inter-ligence serviees to obtain fron fanilies of uiising-detainees statements indicating that the persons concerned are not in fac.rnissing- The Group has received copies oi tro slroxn statenents nade byI&s. Yol-anda Pinto l'riranda, the nother of a missing person, Mart 1n Elglerta pinto{para. 1O!), 'which describe tvo occasions on which DINA agents tried. to fo"ceher to sign statements that her son k"a s in fs.ct al,ive. Si_ni1arJ-y, the wife ofnissing person Eduardo Enrique Hernandez concua (a-/ 3r/2i3, ;;;; xrij-rupo"t.atl"l il February 1977 persons saying they were from the Ministry of the fnteriorvisited her and asked insistently that in ord.er to stop the Government frombeing bothered with what tbey carr-ed the pretended. detention and alisappeare.nceof her husband., she sign a statement saying that tler husband was freel-had a}1his belongings and had not been tortureil during detent i_on. 66/

132. rnfornation reaching the Group from ?eriabr-e gources indicates that d'ringthe 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 theindividuals were not raissing, and who either did not identify themseLves orstated that they came from the vicaria de ra sor-idaridad, the rnternationar Redcross' 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 rnternationalComittee of the Red Cross published in the press announcenents putting thepublic on guard against unauthorized persons pretending to be fron theirorganizations.

f33. The Group has afso received reports indicating the involveaent of theFisca-l- Militar of Osorno, the Governor of the Tenth Region and the Division of

-)t-

.q)+,/ E+ C:roniFta, 2l+ and p5 taay f97I , La Segunda, pt+ ti/ELy 1977. In thisconnexion it has been reported to the croup-TfrEl-6iZli Mal, fiTT the televisionstation Teletrece broad.cast information atiributed by the station toI4r. I"trax Reindl, Director of rnformation of the Government, r,rhich statett that thevicaria had presented writs of amparo on behalf of ttpersons who recently ind.eclarations to the cornnunicatiFn media nanifested their su4>rise at apiearingin the list of nissing and detained persons published by the Vicariar'. SeeSolidari.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 falselyreporting ttrat a I4r. Jos6 Erasmo Levia had. been included among. the 501 cases ofrissing persons presented to the Suprene Court (paras. ff6-117) but that " infact, ie ras i.n 6sorno and had reported. voluntarily to the I'i'scalia to establishthis fact. However, the Group has Learnt througb a sworn st at ement that IvIr ' Leviawas 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 toldthe Fiscal that it rras his brother, Jos6 Erasmo Levia Aguayo, who was referredto and. that his brother was sti1l nissing' 58/

131+, The Group has reviewed, in the light of the observations of the Governmentof Chile, the inforxaation on liberty and security of person vhich it presentedto the Conmission on Hulran Rights at its thirty-third session. In this regardthe Group notes that in nany cases the Governnent made no observations on

infornation that inclicated. violations of hunan rights' In other cases theGovernment responded. vith a sinple denisJ, or replied that no record of detentionexisted., 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 orouprswitnesses, 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 theGoverntnent 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'

18 MaFh rSf; LtEfagg-N"!i9:C!-, 19 l{arcir 19??, La Tercera de 1a llora,19 l4arch I9TT,

68/ Annex XL; and Solidaridad, No. L5, p' 7.

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IV. TORTURE ATTD. OTHNR FORMS OF CRUE!, TNHUMAN OR DEGNA TNG TREATMENT0n puNrsHr'ENT i TTIE spEcrArrzED .RGAI,IS oF srA'n sEcu'rry

135' The Group, in its report to the qornission on H,nan Rights at its thirty-thiratsession (E/cN.!/1?21), stated that tort*e and inhuman or tlegrading treatment orpunishment have continued -to occr'rr in chile; ;d the cornrnission , ar.ter consid.eringll:.$:ltl: report, stated iu its resolutio,i s txxxrrr) th;;-i;'";;; the profound.lndlgnataon expressed. by.the General AssenbLy in its resol-ution 3f/tal+ tirat"constant and flagrsnt viorations ." rr.*""-"ights have tsken prace ... in chile, inparticular the institutionaJ-i zed prr"ti* or-iorture, cruer-, inhuman and degradingtxes.tnent and pr:nishment r.

136' rn re'l-ation to this question the Government of chile, in a document subnittedto the ttrirtv-third session of the cornission on Hr:nan niehts (e/cNti2h7, part one,sect. A.fV), stated:rrEven applying the no6t rigorous standard.s to Jud.ge chi1e, no one can suggesrthe possible existence.of deriberate gr systen@tic naltreatment, for that wouLatpresuppose the conpficity, tolerance or fairure in their iluties on the part ofthe authorities and institutions hor-d.ing pover or authority over the life ofthose 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.:E+.?9", includ.ing testimony fron peisons directly affeeted and reports fronindividuals who have recently v-isitea ctrire, wrri crr indicates that, ar"though thevictius nay not be so numerous as in priov periods, torture a.r:d oiher cruel, iuhr:nanor degracling treatment or punishnent continie to be appriecl to persons in detentionand has becone an integral part of the new system of intiroi dation described in the1lru::lt. report (see 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 theGovernment 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 tdespite threats of reprisals, indiviauars have informed. the ctrilean courbs oftortnre and siniLar treatment experienced d.uring detent ion. z/ p"t"g."ph" g6 to gz

- -1/ - statenent of Anbassad.or Manuel Trucco to the Ad Eoc working Group of theComnission on Hr]ma!. Rights, Geneva, l_g May l9T?.

-" 4 As examples, on 18 June I9TT, MT. CarLos veloso Figueroa andIvlr. Carl-os Vel-oso Reidenbach ratified befo"e the Suprene CSurt their srrorn staternent(see annex x-vf ) (solidaridad, N;:- tii; -.;-i-"Jy rprr, the sworn statement ofEd'ardo Be1:-o DorEi-lEEJE-nex x![rr i '"r." 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 thatsome forns of torture were practised in almost all of the cases of detentionreported. According to this infomation, during interrogations the unfortunatevictins were tortured, for the purpose of intinidation and in the hope of obtainingsome infomation; they were beaten and electricity was applied to the most sensitiveparts of their bodies, In addition, the attention of the Group has been drar'rn tothe 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'lsoreflected- in reports from persons detained trt 1977 which are in the Group I s filesbut, becs.use of threats reportedly nade to the authors of those statements and theirfanilies , must remain confidential.

B. Nen system of intimidation

L3B. Evid.ence before the Group from a variety of ae-liabJ'e sources indicates thatchilean security agencies began developing, at about the tine of the farge-scaLereleases of political prisoners in L976, a new system of intinidation aimed 8't thoseindividual_s bel-ieved. to be opponents of the present Government. This systen ofintinidation 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 hisfamily 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-!2end- 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 ofintiuidation. The Group received. testirnony that snal-L seni -autonomous groups carryout investigations for the security ageneies ard that in rloing so they enJoy widefreedom of action. One witness who recently visited Chile reporbed an increase inthe number of secu.rity agents and said this 1'|as evid"ent from the large nmber ofindividuals who appeared to be engaged in surveillance, using sma,1l rad.ios forconurunicati.on .

139. fhe infoTmation received. by the Group indicates that during the first part off97? the s.ctions of intinridation were ained. principally at members of the ChristianDemocratic Party or of the Socialist Party of Chile and at ind.ividuals active in thetrade lnion moveaent or in assisting poJ.itical detaj-nees or seeking to help discoverthe 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, Bdtonnierd6sign6 de ltord"e des Avocats i 1a Cour de Faris, and Bernard And.reu, Avocat i IaCour drAppel <Ie Paris, who recent.l-y visited Chile (see annex XV) states:

1l+1, This alarnring st&te ol affairs wasas follolls:

-o L-

connented upon by the nevspapet E1 Mercurio

trsecret arrests and detentions are stirl the conmon practice of the securityservices. It is tTue that we were tol-d that these methods were tending toebange - that periods of secret d.etention vourJ le shorter, Nevertheless, thischange of form does not in ary *"y "igrrify u;Jnd to repression, vhich stil]-

::1ti1":" aJrd.is taking on nore subtte ana equsJ-Ly redoubtable aspects, such assecret detention for severa-]. days, torture (trri" i" not aeniea) , iji -tioo"

orpressure to obtain sifence or collaboration, threats, blacknail, shadowing,pJ-acing r:nder observation, physical attacks'..,- ni" repression is being_c-arrie. on against ti:e working popu:-ation, traae_unions, the services of theVicariate and Defence .,. ft is characturisti"

-or the deslre to rnaintain anatmosphere of fear and intinidation. ft "fr"Ji at-so be noted that the exrentof the repression is difficult to as".rtaio;-?o" ,*y of the people who havebeen arrested' beaten or threatened. and therl ""iu.=.a are afraid to tark o? toengage defence counsel.

""' Ttrese are not nerely rnistakes .ue to the conduct of ind.ividuals, butthe result of a concerted poricy "rri.n :.s uriiojirrg .r..ry means of intinidationaga,inst the living forces of the country,r - "

"Public opinion is concerrred. by various dever.opments in vhich the leadingryrt f3 been teken by unidentified persons, *a *rri

"t, coul-d be d.escribed asoperations of intinidation. The latest of iir"s. affected a d.istinguishedjournalist, editor of a week_ly reviev, ,iro ,r."- tfr" vlctim of a th"eat ofassault, presurnably on accol.uxt of inforration appearing i" ifr"t -r..f.iy.

"The Government has emphatically cond.enned this illegaI act, and hasdirected the security serviles t. iila -""J-"pi".n"rra

those responsible. At the-",,T:_

a]l:, tl n": 11n"""^sed. strong support ioi trr. Jor.rnalistic profession,I"rnl-ctr was undoubtedly affected ty tirese events.

'rlt would be useless- to ninirnize the gravity of this affair, vhich is theslmpton of a phenomenon that nust be "i

g.";;i; confyonted right fron ttrestart, We refer to the. action-ot t

"po"i"rreolr"i elenents, that is to say,groups or indiv-idual-s who, believing'ttuy "i.-c"rryin6 out a political.,patriotic or other kind of nrission, "counit -""i.irr"f

acts against persons orproperty (brearriog into the office of rur. zJairra", setting on fire a theatretent in Providencia, searching the luggage J-ir.,o travetlers nho had alreacrypassed the customs. and other s uetr aciJ)"fo, tt. plopo". of investigatingillegal acts or s impl-y to i"tiriaatu -"."tuii i."=.*,

"The operations of these spontaneous el-ements are dangerous, because oftheir a::oqnnous and irresnonsibie o-tur., -*.u r"" be attributed to r-eft as$e11 as right extrenism, to enenies of the corr!"or"ot as welr as toscatterbrained supporters of it. ...

-62-

t'Und.er an emergency rdgime and strict nilitary control' these acts ofintiroidation are incomprehensible . ..

ttThat is the reason why the authorities shou-ld be urged to realize thatthese 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 theseevents 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 ofsupporting the GoYernment, seek to castigate criticism or instituteintimidation' . rr 4/

c.

11+2. In its report to the Connlssion on Human Rights at its thirty-thild_ sessionthe croup incl-uded inforrnation on teehniques of tortr.lre practised in chile and theireffects on their victiros, In that connexion the Group had received copies of twostudies 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

of a study by a group ot Danish medical doctors on the psychological and biologicalsequela ot tt"t.ou. -5/ tttitty-t.to individuals who a11eged1y had been tortured inChile .,rere interv-iewed and. exanined iD order to detennine the nethods of tortureused 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 notedin the reporb and the resu.lts of this study are set out in five tables reproducedin ernex XLI of the present report. The study relorted some relationshlp betweenthe ratio of solitary confioement and incid.ents of trental. synptorus and it statedthat to sone extent the effects of torture can be related to the actual type oftorture used. Accord.ing to tlris study the worst effects of torture L'erepsychological a,rrd neurological. Synptorns of enxiety, irritability and to a lesserlxient 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 bythose vho haal been subJected. to direct cranial trauma. The stucly conclud.ed on theutnost importsflce of effective treatment of torture victins to prevent pathologicalchange 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 IntelnationalPublications , 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 effectsof this torture on them. Ar exanple of this is the testinony oflulr. 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 vhichprevented 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. Aciecl-aration by l'{r. Lr.:na Soto concerning the effects of the torture is found inannex X!ff. l4r, Lr:na Soto has na.med a person llho he said was directly or ind'irectlyresponsible for his torture, The Worhing Group is making a study of this case andhopes to give fbrther information on it in its next report to the Comission onHunan Rigirts.

f\)+. gfre Group has a]-so received a nedical report by Dr. G. Laszfo, consu.l-tingphysieian at the Bristol Royal fnfimary. This report deals rrith the resu-Its oftorture 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 containedinformation on the activities of the DINA both inside and outside Chile' includingarbitrary arrest, d.etention and torture lE/cN.\/r22r, peras. 185-200). The Groupalso pubfished the three secret arbicles of the decree-lar setting up the DfNA $hictlgave it wide-ranging powers. fn addition, infomation $as provided on tbe innunityof the DINA fton Judicial control-.

l-l+5. Dlring its August series of neetings in Geneva the Group received a.nsteverbal-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 of12 August 197?, which repeals decree-l-an No. 521 of 19?l+ yhich created the DIIIA (seeA/LA"B5 " annex XVT), and decree-Iav lio. 1B?B of 12 August 197?, which creates theCentral 'laciona.l de Infornaciones (:lational Inrormation Agency). The Group askedthe 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 anddescribed in p-aragraphs t6i-t62,

l-\7. Since the adoption of that report, the Group has continued to receiveinfornation from a variety of reliable sources inriicating that <luring the periodcove?ed. by the present

"eport the specialized agencies of State security, in

particular the DINA, continued to anest and tietain arbitrarily, to torbure ard to

6/ In response to the Group I s request, the text of this decree-law wastransnitted. annexed to a note verbale dated 26 August 19?? - the final day of theGroup I 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? (seepara. 154 below).

t

-6\-

naintain af,rd s Lr'l:errise both public a,rld secret pLaces of detention. The erialencereceived .by the Groun also ind.icated tbat the agencies of State security continuealto enJoy innuni ty fror.r Judicial control .

1l+8' A witness vho testified. before the Group after having conpleted. a recent yiEitof r',nfornation tc chil,e inforned the Group of a reported. increase in the number ofpeople vo}king tbr DINA on a non -perna.n ent basis, recruited fron a.oong therineroployed ' fn acldition, the Group has received. oral and written inforrnetion fronseveral- persons vho were arrested and tletaineal a.rrd. as a condition of their reLeasewere 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 ofaction enjoyed by the Chilean security agencies - they are accor.rnteble on]-y to thePresid-ent of the Republic - and on their inmrnity ltoD Juaticial controL of theiractions.

150. fhe evidence which the Group received siuce the adoption of its last leport tothe cornmission on Human Rights showed that the agencies of state security in chiLecontinued 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 "r orue refuse<t to appear inthe courts to give evid.ence. It is clained that application for the iufornationin question must be nade directly to the Minister o? trre rnterior. fl ?/ The Grouphas received inforrnaLion that in a case involving the death of a detEinee duringtransfer from one detention centre to another the court requegted, the nanes of thesecurity agents vho had partici.pated in the transfer, only to be told by theMinister of the fnterior: rrDrNA cannot revear. the nanes of these agents, as this'oould expose then as intelligenee agents, and freedon fron such exposr:re is thebasic princinle for the work of investi gationr' . B/

151. rn relation to the arrest and detention of Martin Ergueta Finto (see para. 10!)the Group has received photo-copies of decr-axations by three persons identifying tbeDINA agent Osvaldo Romo as the person who detained, a.nrong otblr nissing persons,l4artin Elgueta Pinto (on 1! Jury r9?)+), and the father oi ttartin ntgueia inrorneathe croup that the Court of Appeals in reLation to this case ordered. tharl4r. Osvaldo Romo appea" before the Judge, that he be extrad.ited if outside ch eand., if the prior tvo, orders were not fulfiLl-etl, that the Director of DfI'IA be calledto testiflr. !/ The Group has elso receivecl a copy of a l-etter fron the pres id.ent of

7 Petition to the Suprene Cou.rt of Chite on behalf of L3 Dersons whodisappeared in l,tovember and Decenber 1!J6, point V.

B/ Petitlon to the Supxeme Court of ChiLe on behalf of 13 persong whodisappeared in Isovember and Decenber 19?6. The case referre6 t6 nere concerns thekidrapping of Jaime rgnacio ossa Galdames and is case No, Lo.2Gz of the cuartoJuzgado de] Crimen de San MisueJ..

y Extracts from letter of ldr. Belamino Ergueta Becker ttatear Mexico,11 JuIy I9T7 " fo the Chairnan of the Ad Hoc Working Group.

the Supreme Court of Chile transnitting information from the Director of DINA to theeffect that Mr. Osvetdo Romo worked for that agency until Novenber I9T5 and, that hesubsequently lefb Chife (arnex Iff,V). The Group has received no further infornationconcerning either the request for the extradition of !lr. Romo or the appeararee ofthe Director of DINA before the Court.

152, The detention of Carlos Humberto Contreras MatruJe, the Court finding that hewas detained. by DINA and the order of the Court for his release, have a-l-ready beenreported. (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 otherState 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 beingdetained. The Group has received no information on steps taken by bhe Ministry ofthe Interior to veri Iy the exactitude of the information presented by the secu"ityagencies .

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-iththe normal rules of procedure within the service, we withdraw from a case whenpersonnel of the Intelligence Service take overfl. 10/ Sirollarly, when DINAintervened., the case ipso facto went inmediately bE?ore a ndlitary jud.ge rather thanan ordi.nary civiLian jud.ge, as stated. by Carabineros Captain Jairne OsvaldoUbilla Ubilta: "For these same reasons of the intervention of DINA, and inaccordance with the general instructions of our superiors in this respect, aphoto-copy of sheet 35 vas sent to the Second Mi]itary Court of Saltiago and not toan ordinary crininal court, as voul-d have been Lhe procedure in the case of injuryresulting from an acciiient.rr11/ It should be noted that in this case both DfNAard SIFA (Servicio d.e Intelig-lrcia d.e La !\rerza Aerea) were involved, since the carused in the arrest was registered to the Director of the latter organization ( s-eepara. 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 theofficially recognized. places of detention controll-ed by the security agencies andthe secret d.etention centres of those agencies. In relation to this inforrnation theGovernment of Chile stated in a docunent subndtted to the last session of theConun:ission on llllnarr Ri€hts that r!a11 detained persons are being held vithin thenormal prison systemtt and that "in Chile there are no detainees rinder the terns ofthe 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,held. rinder the state of siege,

sect. A.IV, For reports concerning persons beingsee paras , BB-90 .

/...

-56.-

155. l'4r'. Jcrge Montes testified before the Group that frora his pl-ace of d.etentionwithin Tres Alanos he was able to observe the actiwity taling place in Cuatro AJ-anosand ths.t, up to the date he ]eft Chile (f8.fune 1977), Cuatro A1amos continueal to bea place of detention operated ty DINA. This statement was supported by the testinonyof persons who recently visited Chile, by Chil_ean news media reports, aJrd by swornstatements 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 vellas written declarations from other pelsons show that at the time of their cletentionDrl{A continued to use secret detention centres in addition to official pl-aces ofdetention ' As d.escribed by Mr, Berlo Doren a^nd others, at least one centre had aperme,nent character, with a staff of at least 10 g).rards i the centre vas frr11yeqLipped for interrogations and. had nedical facilities; there was a regular flov.ofvehicles in and out of the building (ennex XVIII).

157. X{r. Wil-liam Zuleta Mora reports being held cluring his first detention a! aplace situated in ttLos Pl6tanos con tfranttt but it is reportett that the Cou-rt ofAppeals relused a petltion that it order a visit to the pJ-ace. A witness who forfear of reprisals requested that his name be kept confidential testified that hewas hel-d in the Regix0ienbo Buin, and the father of carlos contreras Maluje, in hisattenpts to have his son released, requested. that investigations be carried out inthe following places: (a) Ca:-l,e Be1gr€no (no street nr:mber), the l.ast three housesat the bottom of this street, which is a cu_l-d.e-sac; the houses are painted lichtye]l-olr and their entranc"" "i" o"-vi""n" u""n ul--irl ,-cJr" ir;;;i'c"ff;;I'-I{unicipality of Providencia i (c) the premises (no street nr:rnber ) betlreen 13?? anttf35T 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 LuciaClinic, l-62 Av. Santa Lucia, Municipality of Santiago; (f) corner of Juan AntonioRios and the A1ameda, Xfunicipality of Santiago, fornerly tbe offices of theBanco Panamericano.

15U. the Group has not yet received inforrnation on the results of any investigationsundertaken 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 Chileanauthorities to prosecute arrd punish those responsible for torture and othe" forus ofcruel, inhurcaJr or degrading treatnent or prmishment. rn previous reports the Groupindicated 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 adoptioior 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 thenaneg in the latter category are osvaLd.o Rono, reported by severs.l witnesses as oneof the nain torturers in Chi]e, Arn]. lieutenant Colonel Marcelo Moren, and ArmyCaptain Miguel Marchenko. fn Ju].y ]-977 MT. Jorge Montes testified before the Groupthat 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 theDeputy ghief of DINA.

160. In spite of the ca-l]. by the ceneral Assenbly for the prosecution and punishmentof individuals responsible fo? torture, the Group has received. no information thatthe Chilean Govenment has taken any positive steps in that direction. In thisconnexion the Group notes that the Inter-Anerican Conrnissi"on on Human Rights hasstateal:

"The Connissiou wishes to reiterate that to date, the Government of Chil,ehas not i.nplemented an effective policy against torture, vhich d.emands aboveall that those found responsible for these acts be brought to trial andprnrished. So Long as such measures are not inplenentedn the Government ofChile will continue to expose itself to the accusation that torture has beentolerated.'r 1\/

Dissol-uti of the Directorate of NationalF. ce ( DINAes 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-lawsNos. 1875 and l-8?B (see annex XLIv), dissolving DINA and establishing the NationalInformation Agency, respectively.

162. In viev of the short time that has elapsed since the receipt of the decreesconcerned, the Group is unable to assess the practical consequences of these changesi.n the 1aw. ft has, howevex, made a preliminary comparative analysis of decree-lairsNo. 52L, estab.lishing DINA (see A/]^O2B5, annex XVI , and E/CN.\/122!, para. 191+) andNo. 18f8, establishing the National Infonxation Agency, and has reached theconcl-usion that thexe is an obvious sirnilarity betveen these two bodies, asreflected in various provisions. fhe chart which appears at the end of this chaptershows the resembLance in content antl even in word.ing between numerous provisions ofthe two decree-Iaws. Article 11 of decree-Iaw No. 1878 states explicitJ"y that "TheNational fnformat ion Agency sbal,l be the 1ega1 successor of the Directorate ofNational Intelli.gence for al1 settlement-o f-estate purposes".

163. With respect to the provisions in vhich differences appear, the Group lindsthat, 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 situationof hutrar rights in Chile" (organization of A.merican States, General Assenbly,seventh reguJ-ar sesslon, d.ocument AG, T9j/77)" chap. IV, para.. 6.

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'labional lnLeLliCcnce \"/o,ld be "restonsible directly Lo bne Covernmcnt Junta",article I of decree-law mo. 1B7B provides that "the Nationaf Information Agencys\rlf oc cc,nnccted r,o Lhe Suorene Covernment ... LhroLgh Lhe Minjsrry of L\eInterior''. Decree-Iaw No. 521 contained no explicit reference to appearance inresponse to a legaf sumnons, vhereas article 10 of decree-1ara lio. 1B7B provides thattne Nar,-Lonal Direcbor of Infornabion is not obfiged to ap]'eal pel qonally -Ln responseto a lega1 su:nmons. 1)/ Accordins to the note verbale from the Government of Chiledated 17 August f977 (see annex XLIV), the rest of the staff of the new body remainrsuojeet to al-t che ob-Ligations proviied for in Chitean legislaLion". lhe CrouDconsiders Lhat a significant cha.oge may 1ie in the absence of any explicil referenceto powers of arrest and detention in the decree-law establishing the NationafInformation Agency, in contrast to the pol,rers af this nature that \n'ere granted toDlrlA by decree-1av No. 521 . llowgvsr, the Crou! thinks jt is vorth ooinr,ing oJL tharthe provisions conferring such povers on DINA (article 10) were not publiclydivu-l-ged, having been of rrrestricted circu_Iation" (see U/Cw.]+/1221-, para. l9)+).

164, The text of decree-law l,io. 1B?Zthe Chilean daily EI Mercurio for the

was published in the international edition ofveek 14-20 AugusL 1977. IL reads as follows:

"lto. fB77 - Santiago, t2 August l9?7. Having regard to the provisions ofdecree-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 articles191 and 192 of the Code of Penal Proced.ure shalL appl-y to the National Director ofInformation. The relevant sections of these articfes are quoted belov:

'tArlicltr -O ( ) ;nc "nr't.uino ch.tl ^^r ho .o..,;--,1 +n n-reer in116 rLrtuf Lrvv 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 cndgovernors ol departments, within the territory r..mder their jurisdicr,ion;Ir'5ryharc ^f 'l-p S'r.rFnF no-)r+.

^r anv ^^r.r+ nf ann-al rlp S1-.p1-F .^.rncAl ^f Suchv vr ovPlute

colrts; Judges vitn lega1 quel-ifications i genera-Ls, the archoisho_o and bishopsivi cars -general and vac ars -ca-r;i L ular ;

"Article 192 ("..) The officials referred to in paragraph 1of theforegoing article shaJ-l nake a lrritten statement specifying that they do sourider the oath required of wj Lnesses by c,he latri howeverr nenbers and ttalecoursef of higher courts shall- not make a statement vithout permission frornthe resnectjve court, vnich shall not grant such permission jf ir considersLhal 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 officialroe.i,-t--^- c,-Fi^a+ {- --i.)F nnii^6 6.,i tnnn.in+n-n+

^f a ,ta,r ,t,^ 1:aF npovideddlrPu!rui,rEu! u, d udJ drru Lrrrcr Pr,

Lhrt tne jud$e rry-ing the case deeros it necessary fo.r Lhe purposes referred toin paragraph 2 of article 198 ...".

-69_

I'Considering:

"]. the appropriateness of a<lapting the regulations on the security ofthe gtate to the actual contlitions curlrently existing in the country, witloutprejud.iee to the inprorteuent of Legal instrunents designed. to perrnit effectiveactj.on in states of emergency,

itThe Governing Junte of the BepubLi c of Chile has decided, in exercise ofthe constituent poFer, to issue the folloving decree-law:

"ArticLe 1. ttnder the declaration of the state of emergency regulatedby the Law on the Security of the Stete, the President of the Republic sha11be empowereal to hokl peraons unde! a!1.est for a period not exceeding five daysin their o$n hones or in places that are not prisons.

"Articl-e 2. The referenceE to the state of siege contained in decree-LawsNos. 8L and. I9B of 1973 and No. lOOg (articfe 1) are hereby declared also to beapplicable to the state of euergeacy regulated by Law No. 12927 of L95B.t'

This decree-Law is a souyce of cotrcern to the Group because it nodil'ies LariNo. 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 poversof arrest for a period up to five days iu adrlition to the powers afready granted byvirtue of the declaration of the stete of siege. The Group also expresses i.tsanxiety as to vhich boaly ttill put into effect these exceptional povers vested in thePresid.ent of the Republic.

l-65. The following table shons the sinilerities between the decree-Iarn' which createdDINA and. that which created the National Inforoation A.geney:

-?0-

tq)rr, 6

E o,o,4 otr tr )3,oi< o.14.1 Ea>, lI) trr 6 H.rr il)

! (D O drJ€ E 'CoG o d o d1r{rotroo o(r .!'d 'H @

!iolrdaogE o ..r ,did>dtimoc|] iD tTr rD o.r1.o@.oE.qoljA A4 irr > rl, cr {r o,d.i+oo.ce

d o o drJ-c'

ATJ Oj A€(Jcp,o.qo<.4 d O d !o !odoUtk -.a >< o rra i to0r {J6>c.i'Erl 6Etioqitidt d.rt'iOdtOb+ o o o.c oEUO{Jqooo.i oE g o EI E c'q d+ o

tro .-{COA I h o d a.4d.c d uqi+o .,r t.rr E !., 5'-r .d + r, .c.d arJ o<+)ddir()iDE oErrq: F r.\drol{I o! d ru.{ r crEr -l PFrmdO.{

! 0) B o o ti o.rrtl I L o.d ll).P >,kOl Or O .C tr X C '.ll<,.il toFr F a o'icr\l'ildl!l

EE

'ah

I

I

OI

"'l

<':.!ix o f ,:'| x r- .1 t*.-|l}:!r* t u :d ; ci -r u .

i 4r'!- n ' .o.:i r- t.d . ji.v) 1E p o d!6;>r'L-c_j d -oc !tr!o|-'.i t- 'r >.4 dc+1roqlo.- L'o> > +Eo

;a, -l ur,roo'I cro cr -{ d:+ljr oc(E.tt drrcE q:.i e L,r ol]::oocrEr+rr Lts .ic

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-73-

V. EXII,E

1(.( r^.'+^ -^--^-+ ^..a*.: lr ui r(pur" .ru-Lrcted to the Gener-al Assenbly at iLs thirty-first sessionlA/3I/?53, chap. VII) and in its rel:ort Lo the Corn:.ission on Hr.ran Rights at itsthirty-third session (n/Cx.L/tpzt, chal,. TV), the uorking croup presentedstatistics on refugees fron Chile who had been resettled or who r.'ere al"/aitingTesettfenent under the auspices of the 0ffice of the United llations !ighConnissioner for Refugees (UlillCR) r.rith the technical assistance of theInt ergovernmental Conmittee for European l4igration (ICEl4) and the co-operation oftlle Gcver^nrnents of the receiving countries. fn these relorts, the ]Jorlinf Croupalso described the phenomenon of exlulsion fron Chrle and deprivation of Chileannationality; it took into account in the preparation of the report to theCorrr,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 effortsto eliminate the practice of endorsing passports as "V51jdo s61o para salir de1pais" (Va1id only to leave the country)" Tn its relort to the Commission on I{umanRights, the Working Group discussed, particularly in the light of lhe coming intoforce, on 23 llarch 1976, of the International Covenant on Civil and Politicallights, cases of pe"sons vho had been expelJed fro'n the country and the rejectionby 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 inexile having been deprived of their Chilean nationality including that ofI'{I. Orlando Letelier, and the circumstances surrounding the latterrs subsequentassassination (lUA. , paras. 22!-23)+).

L57. In preparing the present report, the !trorking Group examined the situation ofpersons deprived of their Chilean nationality; exi1e, including the operation ofsupreme decree No. )Ol+ and the case of Jorge Montes; the expulsion of Chileancitizens and requests by some exiles to return to Chile; the situation of refugees Idiplox0atic asylum, and the issuance by the Chilea.n Government of passportsendorsed '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 ofnaturalization; (3) by lending aid during war to the enemies of Chile or theiral1ies. !/ By decree No. 1T) of 3 Decenber 19?3, ttre presert covernmentestabtished an additionaf basis for loss of nationality: (l+) seriously danagineflom abroad the essential interests of the State during the exceptional statespct2l-l jck-d in e1^+i.la 72. parasralh 17. of the Political Constitution, 2,/

-Ll UOnSrrrur.ron oT ane i{epuDllc oT un1le,

2/ Article 7?, para. 1?, provides fol theirn' ,,1^. {h- n+^1rr'-.i^h +hat "UeaSUreS Laken Onhave no greater duration than the siege ,..".

l'925, as ffoended by law 12,51+8 of

declaration of a state of siege andaccount of the state of siege shall

Decree No. 175 provides that such deprivation is effectuated by a supreme dec?eesigned 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'Energencyr6gimes", provides in article 5 that:

"Unde" the d.eclaration of the state of siege, the Presiclent of theRepublic may deprive a Chilean of his nationa"lity, in accordance witharticle 6, paragraph l+, of the Pol-itical Constitution of the Republie; ..."

I{hereas the constitutional amendnent enacted. by decree No. 175 requires a supTemedecree Justified and signed by all Ministers of State in orcler to deprive a citizenof his nationality, ConStitutional Act No. l+ delegates this power to the Pres ialentof the Bepublic during the existence of a state of siege. The resulting legstsituation was cormented upon by the fnter-Anerican Comission on I{unan Rights inthis manner: "It is inned.iately obvious that the Constitutional Acts furtherconfuse the r0atter, ad.tling new factors of instability and uncertainty to thequestion of the inviolability of this right ..,, vhich is rightly considered to beone 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 ofForeign Affairs of Chile, cited in the report to the 0AS, there appeared tvoadditional names of persons upon whom this sanction had been inposed; h/ on7 rray 1977 the Working Group learnt that three additional persons, members of thedefunct 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 andHumberto Elgueta Guerin had promoted abroad an active publicity canpaign ainedat isolating Chile from the other countries of the vorld, for which purposethey had resorted to calunnies against the m€ximum authorities ofthe Governmentarld the armed forces, ... /T/fris anti-pat"iotic conduct, carried out throughthe conmunications nedia and before international organizations, is noralJ.ysanctioned by the ?olitica1 Constitution of the State with tbe loss of Chileannationality, It ends by saying that since the above-nentioned facts have beenp"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 ofAmerican 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 anttJuan Siarez Bastidas.

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Ernesto Araneda Briones, Luis Meneses Aranda and Humberto Elgueta Guerin withtheir 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 itscitizens. The Inter-American Conorission stated in its third report on Chile:

trthe severity of this punishment is in no way s.ttenuated, nor is anycontribution vhatever made to the solution of the various probl-ens itinevitably 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 whichit is inposed. (i,e., when the vietin is outside his om country), nake itinpossible or cornpletely futi.le to make use of such a recourse. The asidein the note from the Ministry of !'oreign Affairs, to_the effect that none ofthe five citizens affected. by this neasure to d.ate /I? Jamta.ry 1977 has madeuse 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 disapprovalof the practice of depriving citizens of their nationality pursuant to d.ecreeNo. 175, stated.:

"the Corudssion believes that this penalty lisZ anachronistic, outlandistr alldlegal-l,y unjustifiable in any part of the vorld ...". U

Tbe Group, as it has stated in its previous repot'ts, views with disapproval thepractice of a State's depriving its citizens of their nationality arbitrarily inthe 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 speeialapplications for conmutation to exil-e of sentences inposed by nilitary courts. fheain of the d.ecree, as statetl by the Government of Chile, is to facilitate 'rtheexercise by the President of the Republic of his constitutiona-l right, personaJ-Iye$d at his discretion, to conmute a penalty of deprivation of .Iiberty to one ofexile". !-/ On fB May 19??, in a statement which the Permanent Fepresentative ofCbile 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.fX, para. 12.6/ OEA/Ser.P, Ac,/ doc.79r/77, chap,

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,,5TBpetitions; of these f,353 had been approved. and conrnutati.ons had been signed by thePfesid.ent, a f\rther LL5 pet,itions were in various stages of proeessing. From thesestatistics, 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 incustody, for vant of a visa from a country willing to receive theu; the ftIorkingGroup has received no d-efinitive information on how roaly prisoners are in thatcategory. )/ In May 1977 it was reported that 10 persons hatl recently left thecountry, bringing the total number of persons actual].y in exile pursuaJrt to supremedecree No, 5o)+ to 955. g

If4. Inasnuch as the criteria applied by the Special Conmission have not been mad.eknolrn to the Working Group, end since the Goverrunent of Chile has made it clear thatthe connutation of sentence in these circumstaaces is uithin the personaL discretionof the Presid.ent of the Fepublic, tV ttre Working Group is not in a position toevaluate the efficacy of the system, It has, however, received. information fromvanious sources with respect to a particular group of prisoners, nenbers of thearned. forces, who are serving lengthy prison senteoces, lrho have been gratted visasfron various countries and rshose applications for commutation of sentence to exilehave been either rejeeted, "reserved'r or rernain pending. Several of these casesnerit 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 inL976, 0n If June L977, after more than three years of detention, former ChileanSenator 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 verecharges ever brought aga-inst hin. He further stated that he had been subJected tophysical 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 ofspecial concern to the Conndssion c]n Hunan Bights, on whose behalf the Ctrairman ofthe thirty-second session of the Comrission had ad.dressed- a telegram to theGovernment 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 forEuropean Migration to be in that category as at 30 Jr:ne 1977. See ICXM documentHq 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 requestby the Governrnent of the Fetle"al Republic of Gerrnany which had officiaj-ly infornedit that the release of Montes would. secr.re the release of fl- political prisoners inthe Gema^u Denocratic Republic'r. ]3,/ On 20 June )-9'17, aftet thc release ofJorge l,tontes, tbe Goverrnent of Chile ststeal rrthat at this time there is no onedetained 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 theSecletarJr-Ceneral, stateal that it had received., up to 9 !'ebruary 7977, 68appl-ications for permission to retr.En to the country from persons who had leftseeking asyh:m or pursuant to orders of expulsion. Of these, the Governmentreporteal, 28 haal been granted s,nd. a. further 28 were unde" study. A list of thenanes of the persons concerned. fias attached., and incluaied the 12 whose applicationshad 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 thecircuostances surrouncling the expulsion fYona Chile on 8 June 1976 of two eminentChilean. 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'sreport (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 andthe Suprene Court reJecting, on 17 August a.nd. 2! August 1976, respectively, therrrits of g4g conteEtiag the expulsions submitted on behalf of these two Chileancitizens, In its report subnitted to the Cormission on Hunan Rights at itsthirty-thiraf session (E/Ctl,l+/1221, chap. IV) the wolking Group exarained the majorityantl tlissenting opinione of the Court of Appeal-s (ibid., paras. 213-?2\). ThenaJority opinion stated. that it was not necessary for orders of expulsion to includethe factE a^nil consiclerations which Justified the view that the applicants were adanger to national security. T}te dissenting opinion of Jud.ge Ruben Galecio GonezreJectetl thig contention, hovever, anal asserted that decree-1av No. 81, on whichexpul-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 Itightsresolution 3 ()Oofi ) of 1p February tpl6.

13/ Note verbale dated 20 June 19?? from the Pexmanent l4ission of Chile to theIhritetl Nations Office at geneva aaltlressed to the Secretarv-Generaf of the UnitedNations.

!!./ 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 beenargued in that court that the "United Nations Coven€It on CiviL and PoliticalRights, vhich lays ttown that expulsion from a country cannot apply to nationals 'constitutes a treaty inasmuch as it was ratified by our Government in February 1972and. has been in force since 23 March 19?6, tbat its application must prevail overnational- legislation, and that it aecord.ingly has had the effect of derogating fromarticLe 2 of decree-l-aw 81". The Suprene Cou?t in its decision stated, on thatpoint, that 'rthe fnternetional Covenant on Civil and Po1itical Rights adopted by aresolution of the twenty-first session of the Genera] Assenbly of the United Nationson 16 December 1"966 ..' has not been promulgated as a 1aw of the Republic and' forthat reason, cannot serve as a l-ega1 preced.ent to Justify the repeal of article 2of 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 1972and vhich entered. into force on 23 March f976, 4! has been denied. any legal effectas regards the internal, oraler of Chile poses serious questions concerning thej.nternationaL legel comritneats of the covernment of Chi1e. fhe declaration of theGovernment 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 theCovenant (A/c3/3f/6, chap. XII, sect. 5) appears to be in sharp contrast with theinternaL 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 inthe 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 confLictsharpl-y with the prorisions of the Covenart. In order to flll fit its obligationsund.er article 2, paragraph 2, of the fnternationaf Covenant on Civil and PoliticalRights fZ the Govenc.ment of qhile has tbe obligation to take the necessary stepsto adopt such legislative or other measures as may be necessaqr to give effect tothe 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 ofAppea^1s ard the Supreme Court in respect of this litigation are taken from the textsr.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 theUnited Nations by the Minister of Foreign Affairs, the covernment of Chile statesthat as a consequeace of the procLer€,tion of the state of siege, the rights referredto in articles 9,].2. f3, t9 and 25 (t) of the Covenant on Civil and PoliticslRights, l''hich Chile acknowled.ged. it had ratified on 10 I'ebruary l-972, have beenrestricted.

t7 lrticLe 2, para. 2, reads: '\'Ihere not aheady provided for by existinglegislative or other measures, each State Party to the present Covenant undertakesto take the necessa,rlr steps, in accordance with its constitutional processes andvith the provisions of the p"esent Covenant, to ad.opt such legislative or othermeasures as may be necessery to give effect to the rights recognized in the presentCovenant . rl

-79-

froun tliat ncr'i thir.L blte Covenant has entered. into force it establishes theobligation for eny state that has ratified it to respect antt to guarantee to alfindividuals within jts teritory, and subject to its jurisdiction, the rightsrecognized in the covenant (see articr-e p, para, 1, oi ttre covenant). No onissionof the executive, no d.ecision of the judici."y "an

diminish the extent of theinternational conmitment of chile to aliae b1r the provisions of the covens't. (seefurther E / CI{ .)+ /Vzf , paras . ZI3-1ZI+ , )

183' tn December 1976 Jaime Castillo Velasco presented. to the Chilean consul-ate inCaracas

'.Venezue1a, a petition to return to Cfrite; in laay f9T? the Government denied.this petition; a writ of amparo contesting the denial was presented to the Court ofAppeals on Mr. Castillo Vetisco's behalf on 2A June fgT|. Igt8l+' tn :Ypporl .of the petition it was urged. that receotr-y a series of new facts hadcome to light "in accord.arce vith r,rhi ch ii is no longer possible to justify themaintenance of an order of expursion fron national terriiory against the citizen wbois not in any of the situations provided for antl who is thus piotected by nati.onaland internationar lav'r . a)! lrcng the 'new facts r enumeratea' in tne peiition zo7vere the promurgation of the constitutional Acts in septerrber 19T6 -; inaicaf-ionof legal norrnality; statements by the president of the Republic, the Ministers ofForeign Affairs and the rnterior to the same effect, and rereases of politicalprisoners. Tt vas further contended. that the rnternationa,l covensrt on civil andPolitical Rights, the relevance of ffhich had been reJecteal by the courts j.nI'fr. castillo velascors previous appeal , and which is inconpaiibr-e with decree-lavNo. d1, is ad-mittedly in ful1 force in chi1e, various oth-r argurnents, turning onthe non-renewal 0f the order of expulsion upon the d.eclaration of a new state ofsiege, as vell- as the tacit repeal of decree-l-aw No. 81, were pressed upon theuourf, .

185 ' rn JuJ'y 19?? the court of Appeats again reJectecl the writ of ry. presentedon behalf of Jaime Castillo Velasco, and that decision ras affirne-d rrna.nimously bythe 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 thecorrnnission on Huna.n Rights, the working Group Lbserved that no preci.se inforrnationhad been recei.ved as to the totat number of ref\:gees who have r.eft chife since theevents of Septenber 1973, In those reports, *" in its current one, the WorkingG-rouF-has.had to rely upon statistics furnisfrea by the Office of the united NationsHigh Comissioner for Refugees ( fnVffCn ) and by the Intergovernmental Conmittee forEuropean 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 arebeing prccessed. und.er their auspices. According to ICEM' as at 30 June 197? thetotal nmber of refi-rgees so reported to have been resettled f"on Chile since6 October 19?3 was 22,7)+8" 2r/ 2,522 of vhom had been resettled during the first si.xmonths of 1977. UNHCR activilies in Santiago d.uring the current period have focusedon reuniting famil-y nembers vho had remained in Chile vith the refugee head offarnily vho had settled in another cor.urtry. 22/

E. Dipl-onatic asylum

IB7. The Intergovernmental CoDmittee for nuropean Migration reported that as at30 June ISTT four persons were in asyLrm in enbassies in Chile. 23l The case of afsmil-y of three - Rafael Gonzales, a forner roilitary nar ' his wife and seven-year-old son - was brought to the attention of the Working Group. 91 I Septenber 19J5this fal[i].y vas gi.ven refuge in the Italian Enbassy in Santiago. They have renainedtbere for a.lnost two years, during which tine the Chilean Government has refused togrant then safe conduct to leave the country, Their living qualters in the officesof 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 andnornal 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 therestriction "v61ido s61- para salir del pais" (vslid only to l-eave the country) onthe passportsffi ea. Having become affare of thedifficuJ-ties experienced by Chileals travelling with such documents, the Governmentstated that on 2l Septenber 1976 the Presialent of the Republic had instructetl al-lChilean consul,ates "to extend and renew the passports of all Chiteans, omitting thestateroents 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 hearaltestimony from six witnesses who appeared before it and reported tnat d.uring 1977they had been issued Chilean passports bearing the restrictive endorsement: "Va1idonly to leave the country'r. Ttrese passports 'were exhibited to the Group; a specialencopy of one of them is annexed to this report togethe" with the names of the otherChilean exiles who testified to this effect, and copies of whose passports theworking Croup has in its possession (see annex )0,VIII).

2V Provisional report on movements effected by the ICEM r:nder the specie"lprograrnx0e 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 rasraiseal at a neetiug of the worklog croup attended by a delegatiott or tni Governmentof chile on 25 July 19?7 in Geneva. on that occasioo the ctilesn c,overamenrrepresentativ€ accounted. for the issuance of auch passports as a rvery 'comonplacebureaucratic error; the eonsulates receiverl the ortter of the covurnmeot, bot it .rn snot conmuDicated to sone roca,r authorities who issued passporgsr. ttre 6nireanrepresentative also stated tbat ,anyone who has a passport with this sentence caa goto the appropriate Chileen conEu.l_ate to have his passport changedfl.

L91. rn this.connexion' the wolking Group has received testinony fron chireanrefugees living in the Uliteal Kingaloe to the effect that the British authoritiesdealing with refugees have aclvis ett against the

"enewal or exchange by Chiteaa

refugees of their chilean passports on the ground.s that this night ;loparaize theirstatus as refugees.

VI. TNTS,I,ECTUAI FREEDOM ATD qU!ruBAL RTGHTS

192. Ttre working Group reported to the General .A.s senbly at its thirty-first segsionon the situation of the rnedia, religious organizations, politicaf g"oups antleducational institutions in Chile (A/3.!/2r3, peras. )+l+9-l+?6). fn its observationson the Working Group's report, (A/c3/3r/6, ehap. IX), the Government of Chil-estated 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 ofradio 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-thirttsession (E/CN,\ /I22I, chap. VI), the working Group recalled General As senblyresolution 31/121+ of l-6 December f9?6, vhich again calted upon the Chileanauthorities 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 urgedthe Chilean authorities to restore and safeguard the hu.man riShts set fo"th in theUniversal Declaration, particularly as regards education, science and culture(ibid., para. 2U+). The ltorting Group in that report observed a deterioration ofth-e quafty 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 byihe G"oup to be only sporadic, since the practiee of self-censorsbip by the netlianatle it genera)-ly unnecessary for the l-ocal military authorities to impose thepenalties prowided by alecree-1aw No. 1281- of 10 Decenber L975. TtIe Government ofOrif" 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 fromits 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 ofgovernment 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' theWorking Group has found that the cu"rent period has been marked by significantdevelopments in this fiefd: new legislative restrictions, as well as practicallilritations on the exercise of intellectuaL freedom and" freed.om of expression,associati.on and assembly.

O^

A. Ttre nass nedia of comrnication

1"95. As the Working Group has observeal in its previous report, decree-Larr No' ]2Blof 10 December Ig75 e ve the nilitary authorities broad power's to exercisediscretionary 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 wittrthe potential- interference of d.ecree-lav No. 1281. Reliabfe evialence received bythe Working Group indicates that the recent restrictions on the freedoxo of thepress anal publications have been a reaction to the increasing public d.ebate on theecononic situation and the nounting expressions of concern both inside Chife and. ininternational- forums, about the fate of missing persons. 2/ It is reported that \the

"esu]-t of the restrictions on the dissemination of infornation has been that the

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 representativesof the Governrnent of Chi1e, a. number of recent Chilean periodicals, covering anumber of subJectsr were presented to the Working Group by the Governnent rs

representative as evid.ence, according to the Goverrurent, of "the free discussion ofpolitical 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). fhedecree vas based on the fact that the Christian Dernocratic Party, concessionaire ofthe radio station since 2 I'riay f)12, had been declared to be in "recess" bydecree-1aw No. 78 of 11 October 1973. It was observed by the acting tr)Tesiatent ofthe radio station that it was sr.uprising that after more than three years oft'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 itsconcessionaire $as tbe Christian Denocratic Pafi:y. \l ft vas a].so observed thatdecree-lav No, l8 I'expressly respects the ovnership and atlninistration by thepolitical parties of their goods, and the concession of Rad.io Presidente BaLmacealais otrned by the Christian Demccratic Party and is administered through a corporationintlepend.ent of the ps,rty, whose governing board ancl executives have had dealingsarith the goverrment authorities on many occasions!'. 5/

198. The efforts of the ovners to obtain l-ega1 red.res6 against the nilitary rlecreevere 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.

avenue of recourse fias rendered inoperative by deeree-law No' 168\, of28 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 thisoccurred some six reeks before the enactment, on 11 March L977, of decree-lavNo. 119?, a'hich dissolvetl the political parties.

199. Reactions to the closing of the station have been widespread' and' generallyunfavourable. An ealitorial In EL Mercurio stated: I'For the infornation media and

for the organizations r.pr.".ntli|iiGidisll ' this neasuxe is a violation of the

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 radiostation, the representative of the Governrnent of Chile stated':

"nov that the Christian Dercocratic Party is dissolved, it is not logical thata rad.io bel-onging to this party shou].d continue broadeasting and carr?ing outpolitical ea.npaigns ".

The l,Iorking Group notes, horrever, that, vhereas ttre dissolution of the politicalparties 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:

"it is notevorthy that under a nilitary r6gime 1i-ke tbat in chile " ' in the

course of four years of nil-itary government, only one broadcasting -station has

been closed d.ovn, in a country wtricn rras tu,th." tot" than a hundled stations".

In the report submitted by the Working Group to the thirty-first session of the

c..,"i.r A'ssemblv (A/3L/252, p""" ' !69) it was stated that there had be€n 180 radiostations 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 challengethose statistics.

-81+-

?/ El Mercurio, I Februa"Y 19?7'

8/ Constitutional Act No. l, article 12, provides in part:

"Freedom to express opinions and to disseninate information without priorcensorship, in Lny form ana thTough any medir:n, vithout preiudice to theresponsitiiity that nay be incr:rred for offences and abuses connitted' in the

exercise of these freedoms, in conforrnity !'ith the 1aw' Hovever ' the courtsrnay prohibit the publication or d-issemination of opinions or informationafiecting rnorality, public order' national security or the private life ofandav]-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 tothe Sishopric of Osorno, was burned. dovn. The Local bishop, Monsignor Va1d5s, in apublic statenent, wondered whether this fire and a further six fires in the prernisesof church nissions cou1d. be considered. a coincid-ence. It has been observed. byautboritative sources that, with the closure of Rad.io Bal-naceda and the destructionof La Voz de Osorno, ladio Chilena, belonging to the Archbishopric of Santiago, isthe only renaining redio station to naintain a critical- and independent positionvis-d-vis the present Government .

?, Printing and publishing

203. 0n 13 March 197"1 , lbe Chief of the Eaergency Zone of Santiago issued bandoNo. 107, ord-ering ttrat as fron ths.t date no newspaper, Journal o" printed matterraight be issued. or ibported. without his previous authorization. For an examinationof 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-arnilitary orders vere sinultaneousJ-y issued in the other emergency zones' Pub1icreaction to the enactnent of band.o No. 10? (see chap. II, paras. 72-73) has beenhighly critical. These ord.ers have been general-ly regarded. as further restrictingthe freedom of opinion and infornation by requiring prior nilitary scrutiny andapproval for the circulation of at1 Chilean and foreign publications.

2ol+, The Director of Social Connunicati.ons of the Oovernment of Chile was reportedto have erqressed. the Government ts view to the Board of Directors of the NationalPress Association on 22 March 1977;

tt... the Government had not attenpted to restrict the exercise of freedom ofexpression in the cor.:atry, with the issue of @gg No. 107 . . ' the band'o I'asissued to fill a Iega1 void in ttle exercise of freedom of expression' He alsepointed out that it is not the Coverrment's desire to ban the circulation ofnev publications basecl on moral and patriotic principles, containinginfornation 'which contributes internally or externaUy to the country's unityon,a nraei i oa 't O /ZJ

On 20 May 197?, the Director of the National Office for Social Connunicationresponded 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 anddo not knov ho$ to do so, and not, as is thought, to rest?ict the freedom oferpression. " 10/

9/ HL Mercurio, ?7 Marcb 1977,

10/ "Inte[ectuel freedom and freedom of the press't, Inter-press Service,20 Mav L97T .

T'he Group finds that precisely such statements demonstrate thatpromulgated not to further freedom of expression' but rather toadninistrative contro] on freedom of expression'

aa

bando No, 107 wasinpose additional

2t15. The Group has been informed that a publishing house, Aconcagua' after lessthan 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-knovnsupporters of the Christian Denocratic Party 6rrd financed by some 6!0 associateson-a co-operative nembership basis. Tts filst publications vere anthologies ofu"=uy" urrd The l4rs!re1 lgffelfleq, containing tbe vorks of nev vriters'

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.

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 "orfiEiETiflEiilt to the Mayor of los Cond.es in the Barrio Aatose&or of Santiago. Tirne passed, the pernit was not granted ' and a mrnicipalinspector imposed a fine on the enterprise of )+'OOO pesos ( approxinately $200) foropeiating r,rithout a pernit. Subsequently, the Technical Connission of themniciparity approved the request fo" a permit, but the permit was sti11 notissued. On l-9 Novenber f976 ' another fine nas inposed, this tine in the smormt of8,900 pesos. After s.ppealing the inposition of this second fine and renewing itsrequest 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 residentiafdistrictt'. 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 revievE9JL. Fublicaiion cf the authorization - in accordance vith ba'ndo No' 1"0? -$feared together w-ith a statement from the Goverrment Office of fnformation 'which said in part :

',fhe National Division for Socia.l Cornmunication will examine careful-]y thebackground.' particularly the financial background, of the new publications inorder to prevent any repetition of the lanentable practice of trying tonanipulatl the flee r,rill of the people vith the aid of noney from forelgnpolitical parties or movement s interestea in other ains that are not strictlyin keeping with the union and the development being sought for allunll-eans. I1t

-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 aifecteda.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,fProvidencia on 24 Feb"uary 1977. It attained. great public success, and after ttrenewspaper La seg':rda descri.bed it as rran insolent and incredible criticism of ourpolitical Sevelopment ", f\/ tire interest increased.

209. 0n l+ March 19?? the Mayor of providencia banned. further perfornances of thep1ay, the stated reason.being that the theatre premises oid not have adequatesanitary facilities. 15/ On 10 I4arch, after renovation of the theatre, theauthorization 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 reportedLybased. on the following grounds:

"Authorization cannot be granted because the pJ-ay has created. a potentiarlydangerous clinate of emotion .. ," M/

On 11 March 19'17, at 2.30 a.rn., the theatre was burned dovn; a newspaper articlereported that plastic letrol- containers had been found at the scene. and the fi.rewas described as "intention^I,t. fl210. ft has been reported to the Working Group that on 13 January lgj|, att ercurfev, unknoan persons placed a bonb in an art gallery owned and airectea lyPaul-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 ofcornpositions nade of thread and scraps by rn'omen fTom the poblaciones. 1be galleryhad reportedly become a place for expression of artistic rea"tions to the situationin the country, and had reportedly been the subJect of repeated. attacks in theChilean press, It was a].so reporbed to tbe Working Group that pauline Waugh wasquestioned. by officials of the DrNA, vho had attempted to coerce her into statingthat the bomb attempt had been the vo"k of a leftist group. Her refusar- to subnitto these denand,s is reporteal to have 1ed to such intinidation and harassment thatshe 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, thellorking Group has received Tefiable evidence showing a continuing pattern of closecontrol by the Government over the ad-ninistration of educational facilities as wellas 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 autholityover 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 rareoccurrence. Teachers and students reportedLy serve as infornants for theauthorities, 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 thepresent r6gime.

2r2. In its previous reports (A/31/253, paras ' l+56-l+57i E/cN.\h22\, para' 251) theWorking Group noted ltith concem the v'id.espread dismissals of menbers of theteaching staff of various institutions. Dr)lring the current perioti, the practice isreported to be continuing ' but the type of personnel subJect to clismissal has

changed. Whereas after the events of l9?3, professors, researchers and - stud'ents

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 associatecl1rith the Christian Dernocratic Party. Recently ' disnissals appear to have beenbased. s imply on tbe fact that the persons concerned do not actively support thepresent 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 theaaninistration; he is also expected. to participate actively in extracurricularactivities 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 instructionat most institutions. S€rples of this were reported with respect to theUniversity of Chile: in ttre Departnent of Philosophy at Valparaiso only four ofthe former professors remain out of more lban 25, the vacs'ncies having been filledby persons vho had just completed their studies, and the Departldent of Philosopttyal 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 rigidlycont"olled; teaching or discussion of certain subjects - ones vhich migbt erlgenderid.eas inconsistent with the present r6giue - are prohibited'. A systen of studentpolicing is irnposed and, Judging by the consequenees, is generally effective:ihoutA a professor d.eal- with forbidden subJects in his course' and shou-lcl thestudents continue to follow the classes, they are in danger of losing credit forcompletion of tb.e course. Students who studied under professors who were lateru*p"tl.a have had their course credits annulleal and. have been compellea to lcepeatthese courses. Sinilarly, this practice has been ertenaied to the annulnent ofd.egrees previously conferred.

r

-Ro-

211+. The Group has received testimony to the effect that courses in nationalsecurity have been introduced into the curricul:.n throughout the educationalsystem, Reliabfe evidence before the Group indicates that suppression ofideological pluralism and acadernic freedom, in art atmosphere of fear andintirnidation, has resulted in intellectual stagnation. In this atnosphere,conmunication among the students and betveen the students and the facuLty hasbroken doun ' rt was stated before the Group that in the uni.versity of valpareisoan 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-snecessary to that end and ensure access to roidttle-1evel education for thosegrad.uating from the basic level, the only criterion being the abilities of thecand i"d.ates .

"The State shal]. l-ikewise promote the d.evelopment of higher education inaccordance with the needs and possibilities of the country, contribute to itsfinancing and ensure that access to it is deternined solely on the basis ofthe ability and suitabil_ity of the candidates." 18/

Althaugh the State does not conrnit itself to finance education iL its entiretybeyond the basic 1eve1. it does ensure access to niddle-level- education for thosegraduating from the basic leve1, and it ensures that access to university educationis "determined. solefy on the basis of the ability and suitability of thecandid.ates". 19/

216. Recent developnents in the field of ed.ucation, however, appear to indicatethat the econornic policy of the Government is tat{ing precedence over the rights andduties stated. in the Constitutional Act. The access to ed.ucation of chilatf,en ofniddle and lover-inccne fa:lilies is beconing inereasingLy restricted., Econoroicfactors, and not the abilities of candidates, are deteroining vho is able to obtainan 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-::"::';i;i##H'ii"" r.i.r".."r support of education a sreater financiar _br:rden

tras to^-- ,. ^3 tt,i.,^6+i

^-;#;;"";""in""".iu."ii.-.nt-#; t'eeinnins or .::977 the M ii:tT :1.::::::i?:fi"ffi::a"i#'rn"'*ii""" universitles *oi:-a irpo". a

. systen of

^r'di fferentiatetl

##ffi;r;;; ;;"";;;;;;;"" "iii, the so"io-e"ononic situation of the students' as.

^r ,/ nL^ffi;':ifi:1.";;:;;i ;-;.ir-ii""""'"e policv ror. :':111-":19"::'.,€+4. *'

#;.t ";ii""i."- il""-""t"gories of pavnents for the fjrst teru ot 1977':

Matriculation A 1'9oo lesos (ful1 tuition)MatricuLation B 1'300 PesosMatricule'tion c 700 PesosMatriculation D 0

(Tn addition' there is a conpulsory fee of 5OO pesos to be paid by a}lstudents at the beginning of the acadenic year')

A systen of government subsidy based upon abi].ity to pay gave no ::'use fo? concern 'but what did create *id.;;;; public ieaction *as tnt fact that :n:,11:::"1:f: "f;;: "il;;i-#;i; ;;;;-;;"-e"i"p-*." rixed.a ?rieri' lt was :::-?::t:*u^:l?:#"ril"ffi; liini""i"ii"i"""l.'iu'o.-i"-'uiii""-r"tio" il"ll-l: n?It::-t::.:"1:*?3.nI1: i:il.";";;:,'i;;;"";;;;-;;;p B,- p'vi"e':t6o ry:l':'!..?:l^:":1.'"lii"i'.l'ili'li"?l; ii"il ;;";"':;"::.i'ri-i""in-i,-r:i':: l:^':*:*,l"i:--z{ff::: ;":3iT.;;#;;;'are repoited to bear "o

i"tu'tio" to tbe economic leveLs

a'ithin the student body.

218. It is reported that the increased cost of university education reachetl a

crisis point at the end of ftlty l9ff, when the f-i-rst ternls tuition had to be paid'

Of the 5r+,394 students rfro ..i"itufu.ted at the University of Chile, f0'385

requested some type of grant. The administration authorized the benefits of

"rlif ferentiated natriculliio"" io on:,:y 2r"926 students i thus' requests forfinancial assi.stance fron 1B,l+59 students were denicd ' lhe Group has no

information concerning tfr.-"iuoi.ta" applied. in denying this financial aid'

219. A law stualent, in a letter to the rector-delegate of the University of

Santiago, expressed the concern of many students:

"On1y those who have econonic means can be sure of reraaining in the

University ... Are tn" p"""ilifities of training professionals not vital to

the future or tne cor:ntry, in tne s ne way as the cadres of the armed folces

receive free training, ""=

'i,,di"p"o=abfe eiements to ensure the countrxr I s

soverej.gnty? ... It is logical- "u.rra ttit to ensure the access of the nedium

and l-ow-income levels to higher education, as is quite rightly the case in

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-yalemonstrated by an examination of the comparative budgetaxy extrrenditures onerlucation during the period. 19?O fo 1976; 2\/

1970

1971

107)

'l o?h

r975

2\/ "Cfrl.ts chronic economic crisis:Repoat, vo1. II, No. 2 (Septenber 1pf5), p.

25l E1 l,{ercurio, 1T April 197?,

?,675

+,JO)

4,Il-b

2,886

3,229) L)a

l97b and beyond", International Policyt- o.

1976 r,9zo

Deflated by eorrected consume? price index.In I97 6 a rate of inflation of 115 per centis assumed, to conpensate for the d.ivergencein data betveen the source for this tabLeand. those for previous tab].es,

ODEPLAN, Chilean Nationa*Planning 0ffice, l+ Decenfter l9?5.

The tlininution of the Government ts financial contribution to university educationhas been h per cent in real purchasing po'wer between 19?l+ and 1976, and, there isreporteai to have been a proportionately greater reduction in government e:qrenditureon the public University of Chile than in the subsidy to the private Catholi.cun]-versr-ry. z>/

221. The Minister of Education has a.1so announced. that in 1!f8 seconttary schoolpupils vi11 al-so have to pay graduated fees; Ievels of paynent from conpfeteexemption to fu]I tuition will appLy to a basic nonthLy tuition of 310 pesos. Theeffect 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 secondaryschool matriculation statistics d.uring recent years has shown a d.isappointingdininution. 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 increaseof 2.5 per c -.nt in the number of children of school ase.

Current bud.gqtary expenditures on education(in thcusands of constant 1969 pesos)

-o2-

YI]. ECONOMIC AND SOCIAL RIGHTS

A. Econornic right s

222. lhe Working Group, in its report to the General Assenbly at itsthirty-first session (A/3f /253, chap. XI)' noted an inprovenent in certain areasof th; Cbilean ec onomy and the announcenent by the Government of a series ofecononic measures. In its subsequent report to the conrrission on Human Rights atits thirty-third. session (E/cN.\/1221, ehap. VIr) the Working Group, renainingnindful of Chile's statue as a developing country and of the unfavourableinternational" economic situation that has prevailed in recent yeaJs, emphasized

that its concern continued to be the economic and. soeial policies Pursued by theGovernment whichr in the Group's opinion, have caused the burden of the econonicand. social difficulties to fal1 to an excessive extent on the poorest stlata ofthe 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 chilefu"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 itsdisposal substantial docunentary evid.ence concerning the culrent economic situationin Chil-e; it has exalined infornation providetl by the Governnent of Chile !/ and

the analyses of experts appearing in reputable publications, comparecl relevantstatigtics and heard testiraony of Titnesses, Inasmuctr as chile has receivedsubstantial foreign econonic suppoxt o the situation of the economy has been thesubJect of far-reaching scrutlny and' analysis in various quarters ' The currentst8,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 tothose sreas in which, through govern:nent action' deterioration of a difficultsituation or d.eprivation of econonic rights of the lowest economic strata of thesociety has resulted.

1. Bnploynent

225. I\e proble& of unemploJ/ment, which has characterize't the Chilean econoroy since1973' lersists. The unenploynent index for Greater Santiago, recorded at13.6-per cent by the Departnent of Econamics of the University of Chile inDecenber 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 tothe 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 ona quaxterly basis, reported unemplolruent at sl-ightly over 13 per cent for thelast quarter of f9T6 and at slightly unCer 16 per cent for the first quarter off977. 3/ It is believed., horrever, by some analysts outside the countiy, that theactuaL rate of unenDloyment is close to tvice the officjal figure. )+/ To anyunemplolrment figure must be added the -Large number of Dersons who have left chilesince the eou-o in search of work; an addir,ional part of the labour force is inexile for political reasons, It is reported. t trai tne ryT\_LgT6 rate ofenigration lras five tilres that of I97I-:I973 " and that approxiroately 1O,OOO personsnonthly 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+, andE/crl.4/rd+T/Add'1, ctrap. vr (a)), which was iniiiited to provid.e employrnent forthe unenpl-oyed, vas described recently in a statement by the ldinister of thefnterior 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 proJectis suppl-enent ed by food progranures 6/ - some under the ausoices of theUnited States Agency for -r,ternational_ Devel_opnent (+]-D) - treining courses,publieity to stimulate pubLic interest in submission of new projects, andvarious 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 socialand civic activities. '7l

2" trIages and. inflation227 " lL,o- PEM progranme has given some relief to those benefiting from it, but itsparti.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.l+/ Center for International policy, t'ChiLets 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 andBolivia, 21 April-J tvlay 19TT (Iondon, I97T). This report l,'as presented. to theVJoxking Group by a member of the d.elegation which had visited Chile, and he gavean 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 hadnot been distributed in Santiago since January IlJf. Chile Connittee for HunanRights, 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.'l.n^TFe^a j.o i.lrF eArninps ^l-art r"r\i nh nr^ncct"s belorr (parr' 2zo) lnvei'15 that tl e

Pn4 group (f7?,OOO persons at the time of tabulation), representinS 5"36 per eentof the work force, earned only 505 pesos monthly - less than one half the cost ofthe rrfamily basket'r (see para. 280)" In hiring workers under this plan, the0ovel'nns:rt it self suspends application of its or"n legislatior- re,oaroing pensionscheues, health scheEes and, of course' the mininum t/age scale' lL hes heenreported that employers have been perrnil:ted to 1ay off their regula nlolk forceand then rehire the same employees under the PEI progranme, thereby depriving thevorkers of their normal benefits. B/

228. There appears to have been a drastic reduction in the workersr share ofnational income and in the purchasing power of wages as a result of the increasingimbalance betiteen the rate of inflation and. the ad.iustment of vages" In a studyprepared by the NationaL Federation of t'liners, 9/ the mininurn amount requiTedsimply to feed a fanily of five in April \977 wis L,727 "51+ pesos ($us BB.Ba)per month. At that same time the minimum wage vas 1,190.00 pesos' or 5B'! per centof the cost of food at the subsistence Level" The surl r"a s calculated on the basisof 17 basic fcod-stuffs and made no al l-otlance for thc co:lt of rent, healt'hservices, cfothing, education or any other essential needs. In the sectorvisited by the defegation from the National Union of Minevorkers, the averagemonthly vage vas 1,025.00 pesos in April f977; wages could not be supplenented byholiday I'ork, and when unsold inventory exceeded l0 per cent of production' theminers vere compelled. to take "holidays". l0/

229. Every three months the Government announces automatic sala]'y adiustments; inAprit a r,rage increase of \ per cent was announced - r,rhich fetl short of the lossof 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 increasesfor 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' ]thas been estimated. by some sources that inflation may reach 80-100 per cent thisyeax.

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 otherwhite-collal emp]-oyees.

23I. As seen by some anal-ysts, the repercussions of the Government's economicpoticies are nanifoLd. A serious recession has taken p1ace, particularly in theindustrial sector, as a result of the sharp drop in dornestic demand caused by the

u9/

ro/

Quoted

rbid.

National Union of Minevorkers, . o. :it." p" ll.?2

1n

p.

-95-

rapid decrease of 'real wa€eslr, Domestic ind.ustry has also suffered. fron taLi.ffliberafization and the consequent entry of foreign goods. This phenonenon hasproropted. the Church to speak out in this manner:

"Ife understanl that tlie economic reconstxuetion of a country ca11s forgreaL sacrifices from everyone; neverthefess, the peasants, workers andsebLlers appear Lo be ocarirG an excessive and d i sproport ionat e burden.

"Others, on the other hand, are lraking money vithout vorking byspeculation or usurious interest,

"The church has condenned- usury and excessive gain which deprives theweak 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 internationalfinanciaL aid at l-east through the 1980s. 12/ Even if such financial assistancewere Lo rernain ab current levels, Chile's econony vould remain paralysed by itshigh debt service bu.rden, its inability to attract prod.uction eapital and thecontinued pressure by foreign governnent s and international organi.zations toisolate the Government because af the repo/ted violations of human rights. Recentdevelopments, particularly in the United. States Ccngress, suggest that externalaid to Chile r,riII be substantially reduced unless the issue of huoan rights inChile can be resolved to the satisfaction of investigatory organs of internationaforganizat ions ,

233. The United States of America, which represents, by far, Chilers fargestsource of forei.gn financial support, has had strictures placed on foreignassistance progranmes requiring congressional approval. The so-called "Harkina'npndmcnt'r pffccf.iwp pq fl om fisea.l vpA.r rq?6- orovides:,)tv, L

"(a) I'to assistance may be provid.ed to the govefnnent of any country whici:engages in a consistent pattern of gross violations of internationallyrecognized human rights, including torture or cruel, inhunan, ordegrading 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 ofthe Episcopal Conference of Chile, published in EL Mercurio, 26 l4atc]n l-9?T (seeannex ,\'_r tl J "

V/ Center for Internationat Policy, op. cit', p. 1, relying on confidentialreports from the World Banh and the fnternational Monetary Fund and data from theOAS, the lnter-American DevelopnenE !ank, the Chilean Government and the executiveand. legislative branches of the United States Goverr tent.

t...

-96-

of person, unless such a.ssistance itil-l directly benefit the needy lreoplein such ccunt"y. rl

Aside fron congressional consideration of -*rhethell the Goverrulent of Chile doesviolate its citizensr hr:man rights, 1l/ a report of the Comptroller General of theUnited States casts serious doubt on rhether assistance has been directlybenefiting the need.y people in Chife. lV

231{. With respect to one programe of the United States Agency for fnternationalDevelopment (AID) which was examined., the report states:

"At one co-operative visited-, we I'ere not able to obtain infornation onhow many smal1 farm owners lrere benefiting from loan funds. At anather' ffelearned that sone pcor faruers who had purchased Land in the late 1960s verenow co-operative ovners. They were working the land and paying olf themo?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 nursingschool to see vho was participating in the progr€.n. We observed that theschool"s were located in poorer areas of high unemplaJ'nent ' but lne could notdetenaine if the most needy children were actually receiving the donatedf ood." 16/

235. With reference to a housing investment guarantee p"ogramne under which loanswere to be used to construct hones for members of hOusing co-operatives, a ninirou:ndovn-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 thepopulation - 21.86 pe" cent earning less (see chart' para. 279) "chile's poorestpeople are not expected to participate because they could not afford to buy housesto be constructed in this programm"", ]11

n6. A6 conceTns the over-a1l view of ATD progrannes in Chile, the folloving sr]nma].yaD]]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 notparticipating in ATD progra.rns. This included certain identifiably poor groupssuch as: the minifundistas, land-ovning marginal farmers ' who were excludedfrom the fiscal year lpfl progran because there was no viable Chilean agencycapable of adrninistering a program for their benefit; certain Ind.j.an groupswhich vere not selected as target groups for progra.ns because of the absenceof potentially leneficial and. workabl-e proJect proposals; and the r.Dban poorwhich vere excluded. because of the enphasis on the rural sector. The fattergroup was particularly noteworthy since about three fourths of Chil-erspopulation l-ived in the cities and. AID data showed thet there was anulemp]-oynent rate of about 15 per cent in Santiago and other metropolitanareas.'r l-8/

237. It has been state(I thet the United States Congress had. chile uppemost in itsmind when it enacted the legislation which includ.es the Harkin amendment 19/ (seepara. 233 above), for the law also provid.es:

"(c) In deteleioing $hettrer or not a governnent fal1s within theprovisions of subsection (a), consid.eration sha11 be given to the extent ofco-operation of such government in perrnitting an unimped.ed investigation ofal-leged violations of internationally recognized hu$an riShts by appropriateinternational organizations, including the Internati.onal Connittee of the ReclCToss, or group6 or persons acting und.er the authoaity of the United Nationsor of the Organization of American States,"

238, The Center for fnternational Policy subnitted a research study to the WorkingGroup in which the fo11ow'ing stateroents appear:

I'Since 197\, Congressional critics of United States Chilean pol-icy havelegislated linitations on nilitary and econonic aid to Chile on the groundsof its human rights viol,ations. Thus, Chile would appear to be a potentialtest case fo} detersining the effectiveness of hr:man rights legislation inactually leading to improved. humaD rights conditions. T'hus far, vhen allndlitary aid. and nost forms of bil-ateraf econonic aid have been denied toChile by the United States Congress and. it has become increasingl-y evidentthat very little airl woul-tl be available, the Chilean Government has respondedby renor:ncing any United States bilateral assistance. The complete rejectionof this aid. ca,ne in response to the State Departnoent's decision to d.elay for30 to_50 d.ays $9_:-3 nillion of the $2?,5 rnillion economic assistance packagefor /rr'-scal yea!/ L977 to express ilisapproval of human rights viclations bythe 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 onfnternaticnel Rel.atLons, at the hearing on assistance to Chile' 29 Apri1 f976.

-yo-

proposed $a?.5 ritlion econonic aid package' angrily reacting against theCarter Adnini stration ' s attenpt to use hr:man rights as a factor inconsi.derlng foreign aid distribution. Hovever " this dispute over aid has notoccnffed ltith respect to the nultilateral lending institutiont ..." ry/

239. It cannot be ove"looked that the posture of the Chilean Government on humanrights has profound. repercussions on the economic situation in the eountry. Notonly the United States of America, but other foreign Gcver,nrcnt s and internationalorganizations are finding it increasingly difficult at this Juncture to reconcilecontinued financial support to the Chilean Government vith the latterts positionon human rights. 21/ A recent statement by the Episcopate contains somesuggestions to be considered by the Government to ameliorate the econonic plightof the countTy.

"Economic developrnent depends on decisions taken at the national leveJ',and the right of participation defended by Cathol-ie social doctrine is alsoapplicable to the econony.

"fn the economic sphere it is easy to create a technocratic 61ite whichaspires to take al-1 the decisions itself.

"In the name of human rights and of the right of participation, theChurch asks tha.t the various economic options should be the subject of opendiscussion, and that access to decisions and the possibility of exertinginfluence should not be reserved. to a single scientific school or to a fewprivileged economic groups, Without a great national debate, the reasonsgiven by the specialists lack ful1 credibility. There is usually more wisdomin the discussion of d.ifferent opinions than in a single opinion which isaffirned. 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 theGovernment of Chile of trade union "ights, in particular, the exercise of such

20/ "Chile: An analysis of human rights violations and United States securityassistance and econooic programres ", a research study prepared by the Center forInternational Policy, Washington, D.C., July 1977.

2L/ Center for Inte"national Po}icy, "Chilets chronic econonic crisis: I9T 6and beyond", f4lsmgliengl_EgflqI_rtport , vol. fT, I,tro. 2 (Washington, D.C.,Santam}6v IO7A)

22/ E1 Mercurio , 26 Marc.n 1977.

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,

-99-

fi:nda,mental rights as those relating to the election of union officials, collectivebargaining and the right to strike. In the obseryations of the Government of Chileon the Eport of the Workj.ng Group (A/C,3/3I/6, chap. vIfI) the Government assertedthat "/e/ollective bargaining and trade union elections have had. to be suspendedtemporarily because a new labour policy cannot be introduced before the evil,s which1ed 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 newtrad.e unions and trade union federations have been set up". It reproducedin qqteqqo the provisions of Constitutional Act No. 3 re].ev8rlt to the right of

para. h! above ) that nunerous specific rights established in article I ofConstitutional Act No. 3, enacted on 1l Septenber 1976, are subJect to furtherd.efinition or implementation by means of lsws or statutes to be subsequentlyenacted., The provisions dealing specifically vith the right of association and thelight to form and. Join trade r:nions cj.ted. by the Government 23/ are in thatcategory; to date the complementary 1egisl&tion inplenenting these constitutionalrights 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 theexercise of trade union rights in Chile. It Teported. on processes that had theeffect 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 theState are prohiblted.

"(22) The right to form trad.e unions in field.s of activities involvingproduction or servi.ces or in a partieular industry or oceupation, in the casesand in the manner prescribed by 1aw.

"Tracle union organizations sha1l have iuridical personality simply byregistering their statutes and. constituent acts with an autonouous body, inthe manner prescriberl by 1aw,

"ftre law shal1 p"ovide for rachinery ensuring the independence of tradeunion organizations and their financing,"

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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 unionsand 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 detailsof the circumstances suraounding the dissolution of these unions. In its report tothe Conrnission on Hlman Rights (ibid., para. 2!3) the Working Group also listed thenanes 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 asthe election of officers, substituting fo" it the d.esignation of officials by theGovernment according to seniority. 25/ Concerning the application of this decree'the working Group heard testimony from a member of the delegation of the NationalUnion of Mineucrkers that "even if a union exists, virtually a1I genuine activityis obstructco". It.requires tr^'o days' advance notice to the police of the placeand fhF ,,--ndr -l' rrnion maa+ina< 26l Tn nran+.iao i+ ic l.an.r"iad. l'rPreertJvr, LUvrr16r r _.u/ rrr t,rsLv4renctificarjcn js not sufficienti the union must obtain prior policeauthorization" 2J/ The decree imposes a further limitation during the existence ofa state of siege: it restricts union assenbfies to those 'rof an informativenir.l ure, or with regard 10 Lhe inLerna.l operation of the organization". 2U Inpractice, union neetings continue ta be the exception. 29/ Furthernore, the lackof rceognition on the national level of any federation of labour organizationsrrakes it virtually impossible for the vorkers to have any influence on nationalpclicy-roaking or .in rhe forrnation of public opinion. lQ/

2l+/ Solidaridad, No. 18, May 1977, Legislative dectee No. 198 stated inprearblrlar 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 toachieve 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 theNational Industrial Mining Fed.eration, representing 105,000 workers throughout thecountry, vas not hetd or 29 and 30 i4ay in Santiago as sched.uled, since governmentauthcrization 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 tbeILO had reconrended that the Chilean GoventEent it adopt rithout tlelay new trade rrnionlegislatioa which ... shouLd recogni.ze, in particular, cer4ain Pxincipl-esconcerning the ri glrt of workers, vithout distiDction vhatsoever, to establ-ishorganizations of their own choosing, vithoub previous authorization; the right oforganizations to hold neetings, to elect their representetives in fuLl freedon' and

to organize their adninistration vittrout interfer€nce by the authorities". 3llAccording to the report of the ILO Comittee on Fr€etlon of Associstion to theGoverning Body at its May-June 19?7 sessioa' the Governnent is reporteti to havestated rrthat under the provisions of the state of siege elections of aLL kinds havebeen provisionally suspended throughout the courtryrr but "denies that anyinfriigenent of tle principles of tueedom of association is involved.". 32/ The ILOConnittee reported "that after nearfy four years of severe restrictions on theexercise of trade union rights in functsmentaL fi elds of trade union activity' it hasbecome urgent for ttle Government to adopt leeislation ensuring fu-l-1 xespect for theprinciples of freedor0 of association" ' E! anal recomended to the IL,O CoverningBoaly at its two hundred. and third. session that it urge the Gover:nment "to repealLegislative 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 regulatevorker-entrep?eneur relationships, vas annor.rnceal in March 19?? by the Minister ofLabour. IIe emphasized that ttrii Statute is 6irectly related to tbe "tripertiteco-.'s"lon"tt ('comprised of workers, entrepreneurs antl goverrulent officials ) vhichdeternine the working conditions and wageE in each sector, antt that the <lecisionsof those comissions vil1 be equivalent to tbe la.bour "collective" agTeements '{hich are conpulsory, 35/ One hundred and twenty-gix trede uEion leade?s, in an

open letter to Presiaeif Pinochet (see arnex LfI) ' 36/ aeserbed that the statutefrad been approved without their views having leen taken into consideration and thaithe participation of the workers had been a nere foroaLity. Ihe statute, it \tas

u,""""t"d, in faj.ti.ng to drav a d.istinction bet{een trad.e union leaders artl thosewho represent the vorkers on the Co@ittee of the &rterprise, Iesults in ttunion

parau-etism". Instead' it was urgeci, "participation shouttl be legitinete and

representative, i.e. chosen by the vorkers, fiho wouJ.al be represented in free,secret and l.rel-L-reported elections". l!/

?l / ReT,o?t of the Fact,-Finding and Conciliation Comission on Freedom of!=! -''E--

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.

ApriS-

5t I

35/ "Analys is and aspirations of the vorkers of Chile'r, letter datetl1977, pubfishect in Solidariclad' No. 9.LOaO.

-102-

l\5, The cstabr ishnent of the Lripartire conr.isrions, whiclr had been greetediniLially with cnthusiasm by various labour secLors, h4s noL fulfilled theirexpectations: it has been reported that the workersr observations on the newT trb.rur Code and on the Draft lroject on Social Security have been given litt-IeatLenLion. J$/ On the oth-r hand, a staterirent rnade by Ceneral Pinochet at Ccpiap6in Septeraber J-976 was relorted as fo1loffs: "General Pinochet said ifhe right tostrike railf not be restored.r, because, as he explained, rbhere exist t"ipartitecornmissions responsible for so.lving the problemt", 3!/2\6. tn the report of the fLO Co nittee on lreedom of Association, the suspensionof collective bargaining untiNarch 1978 vas noted-r and the functioning of thetripartite conmissions was exarnined together with the Government ts stated plans fortheir inprovenent. J+0/ The Connittee reconmended to the Governing Body "to notewith interest the changes contenplated in the system of tripartite connissions, andto express the hope that they will constitute a step towards the fu11re-est abli shnent of free collectiwe bargaining". l+1/

/tt(. an 2Ll Aprl_L I9'(7,I22 trade union organizations, representing more than oneand a half million workers and a wide range of ideological and politicatp..rsuasions were denied pernission by the lntendente of Santiago to hold a publiccelebration of International Labour Day on 1 l4ay. It was reported that the reasongiven for the refusal was that the Government was organizing a special officia.levent vhich all trade unions were expected to attend. instead l+2/ (see alsochap. VI). Deprived of Lheir chosen lorum, 126 organi zat ions-addres s ed an openletter, dated 2! April to General Pinochet entitled "Analys is and aspirations ofthe 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 ofSantiago said in his horaily:

"We are certain that in the constluction of this ner,r sociaL order, thecontribution of the workers is not only indispensable but quantitatively and.qualitatively decisive" We would even say that this great asset which isnati.onal security can neve? be better guaranteed than when the working peoplesee and feel that their rights have been recognized. fhe most severe measuresto naintain order and securicy in the long run bccome inefficient, even

39/39/

Inter-press Service , April 1977.

rbid.

!q/ -LrO docr.ment GB.?A3/L2/26, raraz.41/ Ibid. r para. l+3 (d).r,2/ Sol!darldad, l{o" _[7; nL-]- pr-ess

Aprif r9?7.

2A-23.

Sarrri eo Anri I1B

1977; see also El

dangerous, unless they are acconpanied by the progressive incorporation ofthe working class in the protagonist rs role which it has the riAht analobligation to fu1fi1",' )+V

249. One of the vltnesses who appeared before the Working Group and. who hadparticipated. in the l,{ay Day ceremony at the Cathedral gave the fol_lowingdescription:

"I{hen the mass snded and we again liled dor,rn through the cent"e of theCathedral, the service turned into a mass protest neeting. It is anerperience we wonrt easity forget. fhe cathealral resounded with shouts ofrFreedom' as everyone joincd in loud protest regardless of the arned policewho stood at the main entrance. we felt that we were truly hearing the voieeof the people of Chile, and there cou_ld be no d.oubt as to vhon theyrecognized as tbeir leaders. r'

2. Interference vith trade union activities210. collaterar to tbe legislative limitations on the €xelcise of fundanentaltrad.e r:nion rights is the continuing practice of intimidation and harassment oftrad.e union organizations and their l-eaders. The .!{orking Group has heardtestinony from persons who have visited chile in recent months to the effect thatthe military r6gime has tried to suppress the whole of the labour movement. Eventhe officially nominated "trade unlonistsf have openly criticized the Government I slabour policy. they too a,I'e being disnissed and repl,aced by even lessrepresentative officials. Neither unrecogrrized trade unionists nor nominatedtrade unionists are perraitted to d.efend the interests of their members. let aloneadvance then.

251. fhe Working Group has received information that the Ranquil Confederation andthe united confederation of workers al]d peasants have had their premises closeddor'm snd their belongings confiscated; various organizations affiliated to themhave been ilissolved. They have received none of the rcnei.s clue them from theDepartment of Labour or the Education and Extension Fund. rn its above-mentionedreport to the Governing Bod.y of the rLO (May-June a977) " tne conrnittee on Freedomcf Association noted that the Governraent had sti11 not explained the situation andstated Lhat 'ILhe comittee can only continue to depl ore the rack of inforn€tionfrom 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 1aCentrale 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 WorkingGroup notes that to d.ate their requests have not been granted l+5/ despite theprovisions of Constitutionel Act t{o. 3, !ji/ r.r}rich provides for such persona}i.ty tobe granted upon the nere act of filing. Honever, the legislation that vouldinp.lement this constitutionat right has not been enacted to date. Despite repeated.requests by the ILO Courittee on Freedorn of Association, the Government has failedto furnish information on this natter. h?/ Sinil-arl-y, the Government has notresponded to the asse"tion that "the Nal-ional Associaticn of Education servicetuployees (ANESE) was being run W a Goverrunent-appointed supervisory cornittee andwas 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 thepremises of the Chilean Confealeration of Strployees in the Private Sector (CIPCH)hacl been

"aided by order of the Government and that the General SecTetary of the

union, Patricio Gonz6lez Veratugo, had been kidnapped by the security police. 49/ltre response of the Chilean GoverDment to the ILo concerning these allegationss inply pointed out tbat the atltlress stated in the conplaint was not correct,provided the ad.d.ress of the prenises at which the CgPcH rhorrna$y operates rr andEtated "that there has been no interference lrith these /fatterJ premises by theauthorities'r. According to the Gove"ment, the person named as General secretaryhad 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 theNational Association of Public fuployees (ANIF ), had brutally assaulted,l{ilenko Mikovilovic, the Vice-President of ANEF, and had attenpted to set thepremises on fire, 51/ Despite tbe recomendation of the Il0 Comittee on Freedomof Association s.t its sesgion iu May-June 19?7 that "the Government intensify theinvestigations into the case", 12/ a request for the appointnent of a visitingJudge was denied. 53/ The petition requeEting the appointnent of the iualge auegedthat "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.

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255. According to a report presented to the l,Iorking Group concerning rhe probJernsof trade union leadership in Chi1e, the folloving situation exists:

r'Arnong trade union officia.l-s in Chile today" some were elected to theirpresent positions prior to the military coup in .1973. Since the coup noelections have been permitted and al1 vacancies have been filled bynorninations nade directly or indirectly by the , ilitrry -r,r-horj lies. lr , fevcases elected leadeas have been confirned in their original or more seniorposts by ni.litary nonination. In general, we can distinguish tr^ro marngroupings 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" Yeteven the 'officialr leaders have often been pushed by their rnembers intoadopting positions of opposition to the junta. Most of them are members ofof the Chri.stian Democrat Party " vhich 1,/as in opposition to the Government ofPresident Al1ende. Like theiT party, a number of them velcomed the coupanlr].a_L_ry, ))/

?56" According to infornation received bv the I^lorkinE Group from varioussources , lfil cerl-ain trade union leader.s and members of the-clergy linked vir,hJ-abour sector have been molested or harassed in recent months. It vas reportedwithin days after presentation of the d-ocunent "-Analysis and aspirations of theworkers of Chile'r (see para, 2\L above and annex LfI), rlLcr*r.- n-, security forcesorganized intensive surveillance of various trade union leaders and began acampaign of harassment and intinidation (see chaps. TII and IV). See annex LIIIfor some examples of repression of tlade union leaders.

3. Exi1e, deprivation of nationality and other actionsagainst 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 ameasure, which is in violation of human rights, is of particular gravity sinceit deprives such persons of the possibility of working in their country andof contacts with their fanilies. The Conarittee also considers that such aneasure is in violation of freedom of association in that it undermines thetrade 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-lentafcrganization in crte;ory I consu_ltative status.

thethat

57/ TLO d.ocument cB,2A2/B/n, para. 62.

--LUO -

2rB" The \Iorking Group subsequentl,y received information that three labour leadersin 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 theInterior publ-ished in the Diario Oficial of ? May 1977. Ttre decree stated, inpart,thattheSepersonS'-"ctrnernihenameoftheCornit6ext6rieur(vithheadquarters 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. 12of 17 Septenber 19731i, had applied to the lnternational Labour organisation and

reported "irnagi-nary facts with the exclusive aim of dragging the name of theFatherland and of our rulers through the nud; in conjunction vith previous eventstthis 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 whosubsequently disappeared has been expressed. in various sectors. (For anexamination of the phenomenon of missing persons, see chap' 1II, paras' 101-133.1At the direction of its Governing Body, the ILO subnitted to the ChileanGovernrcent tffo lists (containing 66 nanes and 2l+ nanes respectively) of present orforner trade unionists who had been arrested and $hose lrhereabouts were unknown.As nf .Trnrrgrw lQ?? thF Government had. furnished infornation as to the hereaboutsof only 5T of these !o persons, and the comtrittee on Freedom of Association notedtlwith regret that the Governnent has not furnished any infornation concerning alarge number of persons on the lists forvarded to it". 59/ Prior to thel{ay-June 197? session of the Governing Body, the Government supplied additionalinformation on l)+ persons i the Connittee in turn had received a connunicationcontaining the naare of an additional nine trade unionists \tho were stated. to havedisappeared. Tn its report, adopted by the Governing Body at its May-June 19?Tsession, the Cormittee Iisted I+O persons vhose vhereabouts still remainedunexplained, 60/ and recoonended the Governing Body to request the Government tosupply information on the situation of these persons and to urge it to continue itsinvestigations into the disappearance of the trade unionists in respect of whon ittrad stated it had no information. 61/

25o. The l,lorking Group has noted ths.t the Governing Body of the ILo has asked theChilean Government to continue to supply information on the evolution of thesituation with r.espect to the rec onmend-ations of the Fect-'inding and ConciliationCornmission 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 thephysical and nental health of certain sectors of the population. Tn theobservations of the covernment of Chile on the Working Groupts reporb(A/C3/3a/6' chap. XI) the Government provided. statistica.l data on expenditures forsocial development and the reduction of norta"lity rates, described. medical caxeservices and resources and defined the obiective of investments in socialdevelopment as ttto direct State social ""if*. payments as effectively as possibfeto the sectols of greatest need" (ibid., chap. XI, sect. A.1). Tn its reportsubnitted to the Cormission on Huroan Riehts at its thirtv-third session\EICN.4/f221, chap. VII), the Working Group, while taking note of the inforrnationfurnished by the Government of Chi1e, was not able to discern an emelioration ofconditions and exp"essed. its continuing concern about the situation. ft recognizedas significant two policy pronouncements made by the President of the Republic on11 September 1pl5: efective redistribution of State social assistance to theextrenxe poverty sectors, and. the provision of the necessary resources for the fuI1implenentation of the Mininum fupfoyment Programe, It vas observed that these sndsimilar policieso if effectj.vely inplement ed., coufd resuft in an anelioration ofcert&in problems affecting the Chilean population. The observations of theGovernnent 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 problemsas child vagrancy. The Goverrutent expressed its criticisn of the Working Grouprsreports, a]-leging that the judgenents nad.e were superficial, that statistics usedvere inconplete, and. that insufficient attention was given to officiet governmentdata. As in the preparation of its previous relorts, the Working Group has hadaccess 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! isconpelled ' unfortunately, to note that the deterioration in health conditions whichit had previously observed has become more marked..

1. Health servi ces

262. ln Chile, as in many other cor.:ntries, health services had developed alongvarious lines - religious, philanthropic and governmental. In l-952 the NationalHealth Servic€ (NHS) vas created under the l.{inistry of Health to combine most ofthe existing progran$es into a single entity vhich could render comprehensiwe heal,thca"ei over the years a great deal of progress was made tor^rard realizing the aims ofthe NHS, 6\/ A high 1eve1 of training arrd professiona.f accomplishnent of health

53/ See in general arnex XXX, which contains infonration furnished. by theGovernment of Chile.

6\/ "History of the health care system in Chi1e", Aroerican Journal of PubticHealEE, vot. 67, No. I (Januarq 1977), pp. 31-36.

-108-

personnef fias maintained over the decades, coupled with a remarkable degree ofstabil-ity. "ft had long been traditionat in the Gove"nDent of Chile that ffith eachnajor change in government all of the top persorurel in the llealth Ministry woul-d bechanged but that the career personnel were naintained. in office. Aft er the 1973nilitary coup in Chile, holrever, this tradition did not app1y. Health workers weredischarged, imprisoned without charges, and na.ny were sunmarily executed. " 55/ Itappears that the tradition of stability and continuity for heaLth vorkers had beenbroken; health progra.runes antedating the Af.lende Government vere disnantled orseverely curtailed; technical competence was wasted and tlained public healthpersonnel vere idle. 6V

253. Under the Dresent Government, najor modifications of the health ca?e systemhave been based on a policy statement of the Junta that under existing economicconditions, 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 vasenvisaged, would grad.ual-ly give way to private structures. fn the inplementationof 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 moredoctors had been dismissed" 69J {ost of whon vere said to have been associated withthe Christian Democratic ?arty.

25)+. Aceording to reliabl-e inforrnation received by tbe Group' the public healthsector 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 hospitalpatients and utilized f2 per cent of all doctors I time. Public expenditures forhearth, rhich vas at $353 nillion in 19?0, rose to $l+59 uitfion in 19?1. ln f976the public expend.iture on health d.rolped. to barely $Z3O nitlion at a time ffhen thepopulation was reported- to have increased. by a nillion persons. ?0/

265. Dr, Ernesto x{edina Lois, Presid.ent of the Chilean Metlical Colfege ' in anaddress to the General Council and Resional Bosrds of the College, maale thefol.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 Pub1icI{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 PublicHealth, vo1. 6?, No. I (January 197?), p. 3l+, citing "Doctrina y estTategia paraEI-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; noconplete figures are available for I97 5 or 1976.

70/ "Ner,rs of Chiler', a docrrment prepared. by Chilean physicians and otherprofessional, technical and auxiliarar health vorkers in e:(i1e ' circulated inGeneva, I4ay l-977.

/ , ..

aaeo-Logy, as was the case in the nationalization of industry or the::-aprr'ri af-ion of 1and. ?he organization of tbe sector in a aixed forn througlrgreate' pa'"ti ci'.-r' r'i on bi" the state hes been the histori.car- solution that thecoullry has sought in order to resolve in the best possible way the ])robl-ens cfpub1j. c health in ChiJ.e, as the najority of'Cniteans no!r, just as forme"l-y, areunable to pay the rea_l cost of a nedicll service increasiigty .olnpi"* *aexpensive' There is no doubt that the recent red.uction in public expenditurehas fed to a srashing' unparar-reled in its violence, of non-eys availabr-e to trrepubli c health sector. ir J1/

?!6:-1 :*n"rative analysis of health care expenditures revears a d.rastic red.uctionan go]reln"Ilent suppolt:

-t oc-

Financial resources invested. in public health(in nil]-ions of doll-ars )

I07l r976

zJv

rY IO

22 doll.ars

1977 (proJected)

145

197? (projected)

l-3 do].lars

ler capita expenditure

1970 1971

38 dot.Iars LB dot].ars

'I O7n

5 per cent

l-976 rgZZ (projected)

)+ per cent 2.5 per centllote: To the reductlon in expencliture on pubric health Eust be added thefact that the Chilean population grew, vithin tie years quoted, by anlill ion inhabitants.

Source: rrNews of Chilett (a document prepared by Cbilean physicia.ns andother prcfessional technical and auxiri.ty tt.ar.th workels io u"ir", ci.rculatedin Geneva, raay gfI), based on rg10-1976 Annual Accoults of the hesident ofthe Chilean Medical College, Dr. Ernesto Medina; El Mercr:rio, L6 Ar'xLI I}TT;Mercu-rio, I'tlarch I9T7 .

2:!. the reductlon in _te{capita expenditr.re frora g3g in 19To to g2Z in 1!J6 notonly represents a statistical red.uction of L2 per cent but constitutes arrinc8trculalr1y greater dininution of heatth care in view of the continuing inflation.

of the national

fy Quoted in 'lNews of ChiJ.err, p. 1,

-110-

Dr. Med.ina, in }.is April 197? address, comented rn the dirninishing percentage ofthe national product expend.ed on health care:

rrTota-l etrrenditure on health amounted to a tare \% of the nationalprod.uct. considering that in the past the share of the health sector in thenational prod.uct in Chile b.as a,11lays been 6% and that in most countries it iseven higher, it ceruot seriously be argued that cr:rrent expend.itures on healthmeets oxr requirenents or that it csrnot be increased.tt f!r/

268. In another part of his addxess Dr. Medina coonented on the adninistlativeproblems of the heal-th services:

tUnfortr:nately, the policies and guidelines ad.vocated in several paxts of thecountry by tbe adninistrative personnel a'tri ch has recently been brought intothe sector have l-ed to serious controversy because of their tend"ency to putadni-nistrative and" econornic consid.erations before technical ones' Seeause oftheir lack of experience na.ny nev executives have failed to take into accountthe specia.l nature of adninistration in the health sector. The fact is thatthe experts are not even being consulted about fundamental refoDas in theservices and method s of work,rt

-',.. In so far as the administrative statutes and internal regutatlons ofthe 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 crearryr-rregular. fJl

259. A;ne total n.mber of doctors vorking in Chile in 1973 vas repolted to have been6150o; 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 enployedunder the Minimlm r}nFlo1noent Programe (see para. 225); these new employees nayveIL ile in need. of emplolnrent ' but tbey do not really replace - in nr':nbers or inskiJ-ls .- the disrnissed trained staff. !)l FLrrthermore, a large nrxaber of doctorshave left the country silce septenber 1973, The working Gloup has elso receivedinformation concerning the deteriorating conditions in hospitals and medicalstations - particula"ly the lack of equiproent - as a consequence of the lack offund.s. There can be no doubt that the reduction in human as well as materialresousces in this sector h&s deprived a naJor portion of the population of adequatehealth ca.re .

f!/ Quoted in rrNews of ChiJ-ert, p. 2.

13/ I!is.7V t\,lews of Chile|t

rrr'}.l i clrozl l'rr EllT.A

I>l xrrtre uoulll].tEee

, citing Et Mercurio, 2 February 1975, quoting figures

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 thedevelopment of such serv-ices primarily as a goverruxental re sponsibiJ-ity. A reportof the Vicarfa de 1a Solid.a.rids,d provid.es the fo]'].owing data: the beal-th prograrmeattended IfT,9rT persons in eight nolyclinics in four aJeas of Santiago and.rendeled. general and specialized. [edical care. Comparative statistics onspecialist 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 thepatients vere uainJ-y former pofitical prisoners. Jf/272. The Working Group received the repolt of a mission that visited Chil-e in ]977und.er the auspices of the World. Cor:ncil of Churches, in whi ch it vas stated thatthe mental and physical health of the families, especially the ehildren, ofpersons who have disappeared has been ser,l'erely affected, The inforrnation providedto the Group in this report eoncerning 1lt5 specific cases of chiJ'dt'en revea"ledsomatic disorders, psychological problens, and

"etard.ation of development (see

annex LIV) .

273. \n the statement made by the Minister of the fnterior on l-L March 197?, thetext of which vas forvarded to the Secretary-4eneral by the Perm€rent l{ission ofChile 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. Withrespect to health services, however, the Minister of the Interior provided only thefollowing 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 thead.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 theNationa:L }lealth Service ...t|

)

2?)+. :fhe decline of health seruices discussecl in paJagraphs ?62-273 above is tosome 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'anpractising 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 estimated15 per cent enigration of physicians and nurses. Zg/ Ttre difficuft vorkingcond.itions created by a di sproportionate doctor/patient ratio are a contributingfactor, and as emigration of doctors, inctuding speci'alists ' increases, the ratiobecoaes sti.Il r0ore unfavourabl-e. It has been reported that in the averagecoux0unity one doctor serves 1,680 persons - a much lower ratio than irr nanyotber L€.tin American countries, ]!/ In rural &reas, access to a physician is noredifficult where the situation is reported. to be one doctor for every 3'333persons. 80/

275. Tif'€ C}Ii].ean Co]-].ege of Physicisns l{as reported. to have spoken out x-ithincreasing 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 fieldof he;lth have caused a generali zed. l-ack of supply" E1 in nospitals, first-aidcentres and health assistaxrce establ-ishments. fhey also spoke of the rrserious

situation affecting the National Health Service because of the inadequacy of fundsa.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 thatttwe a,re vorking with a smaller bud.get because we are cutting back publicexpenditure 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,,,

-L O1ct .

!! fnter-press Service, 6l'lay 1977, quoting fron a petition presented' to thecovexnment by the Medical Col-lege.

9483/

8o/

Ibi d. .

Situation of heaJ-th

rbid.

276. Recentfy doctors have been na.king public their concern as wer-r about theirincome.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.erconp']"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

?T9:, *-lnt report-it submitterl to the cenerar- Assembly at its thirty-first session\A/3I/2r3' chaps. X and )(I) the Working Group related that it hacl riceivedevidence of tbe increasing prevalence of nal,utrition, particularry of chirdJen iD11: :.*lg:"_ In_ its report to the Co@ission on Hr.uan Rights at ils tbirty_thirdsessaon (r/cN.4/l-22L, chap. vrr) the working Grcup frrrnished irlustrativestatistics leatting to the s6,oe conclusion. since the adoption of the tatter report radd'itional data on the subject received f?om the covernnent of chile a,"al otherrel-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 notkept 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.. Underthe 'rSupplenentary Food. programer32 nillion kirograns of nirk or protein nixtureshaai been ,distributed Qf/ to child-ren under six years of age, motheri a:rd. pregnawT,:t:" gU_ at the cost (prewaiJ-ing at December L9T6) ot 1,i20 nifl-ion pesos. fhe''Dcnoor rue€Js }?ograrme " ' ac cording to the statenent of the Minister, showed. anincrease fron 2!0,000 to 3gOrOOO schooL h:nches, and. from ?1O,O0o to L,Loorooobreakfasts. 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" forrnternationar Affairs' Dr. caxros Gomez Roger, ctrief of ttre Mothercare unit,Augusto schuster, chief of the chirdcare unit, Jos6 Manuel Borgoflo Douinguez, chiefof the Persons and Enrr-iroment protection unit, Dario verdugo iioir"li" ,' chief ofthe Praraing unit' Maxianela rglesia Barria, cbief of the orga.tlizationai unit,Bafil frrrfquez, Chief of Progr€@ing, Dr., ,los6 Onetto Rocagliolo, Executivevice-President of sEFMErrA, and othex doctors with inportant posis in the area ofhealth.

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 theschool 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].sprogle.nme the Ministel mad.e the following statement:

'iln 19?7, the provision of assistance has had to be restricted by conpaxisonLdth 1976, but the Secretary of State and ttre Ministry of Education will- beconsiclering short-tenc solutions. rr !!y'

Compiled from data derived from a variety of sources the following is a tabuaationof the earnings of the active populati.on: 89/

lrliniror:m Jobs (PEM)

Unemployeal

ir[ininr:rn wage

TotaI

Wage in Equj.va]-entNumber of Fanily Chilean in US

p.r-.FnrF'F -;-"i* ^ -."." dolJ-ars

,36 1?7,ooo B85,ooo 50, l+0.31+

L6.5o 5U+,500 r,9o5,759

50 1,550,000 5,775"OOO 6OO to \7.92 tor,ooo 79.87

237r5oo 6,56,1ro?1.86

2BO. }:.c,n these esrning figures the fouowing concl"usions have been dravn about theability 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 totalpopulation live in conditions of extreme poverty since their earnings areinsufficient 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.) havea purchasing pover sufficient to bqlr bread' water and l+O per cent of theI farnily basket|,

"50 per cent of the active popul-ation has a purchasing power sufficient topay 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 ofthe G-overrurent (see annex L). See al.so annex XXX, vhich contains infornationflrrni shed ty the Governsent of Chile on this subiect.

, p. 6, baseal on: EL Mercurio, 5 August 1!J6; Mensaig'Q9.,/ 'rNevs of Chi1e", p. 6, based on:Octot# snal December f9?6;- Study No, 6 of fi6ffiil-oupartment of the Vicariad.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 asttsubsGtence levelir, consists of only 16 itens, exclud.ing neat, nil-k and coffee'

rhccording to the present authorities, it is intende<I to ldeet the nontbJ-yrequil.enents of a maffiett coupre rith three ehilatren. rn the thirat $eek ofJuly 1976, the value of the fanily basket was l,262.17 pesos, or $gg.16.rrA

s tudy carriecr out w the vicaria d.e ]a solid.arittacl on the conposition ofthe falnily basket conclud.ed that it lackeat tbe neceEsary calories forsubsistence,rr{

It should. be noted that the cost of housing, tlansportation, medica.1 care, clothing,electricity' wate! or other necessities foi suruival a,,e not ta,ken inta ac count inthe rrfamily basketrr.

?91: k Working Group is avare that the probleu of ,r,alnutrition is not unique tochile but must voice its concern about the d.eterioration of the situatioa. i2! rnspite of the working Group's expression of hope in its report to the co'nission onHuman aights (s/C.lt,\/l,zz]. , para. 251+), it is -constrained.

1o observe the epperenrabsence of effective action on the part, of the present coverrunent to cdtrbatnalnutrition. rnroaals into this probren tiad. prlviousty been nade: tbe incidenceof nslnutrition throughout the cor:ntry was reported to have declined by about1J per cent between De cember r-97o snd october l9?3, white in the northlra area ofsantiago a 20 per cent reduction in mal-nutrition had been observeal duling thesame period., 9V It was aJ-so noted that rno firn data are available since thecoup but there are indicatione that the situation has vorseued., one being that thedefinition of severe 'nFl nutrition has been narroveal considerabiyl. 9l+,/ fhe Groupal-so notes that these depritations are ta.king pLace uithin a poiiti-at context thetprevent e the affected. citizenry fron articulating their gri.evances or claiuing tbeir

-l t 5-

g/ "News of C!:_iIe tr, p . J .

92./ of 28,600 chiLdren examined by the vicaria in L9.16 in connexion v-ith itshearth progrennn e, 15,999 (6r.5 per cent) showed states of nalnutrition in veryingd.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 GeneralAssembly at its thirtieth session through the Secretary-Genera1, this is the thirdtine 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 theGeneral 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 countryfYom all available reliable sources, Faithful to its functions and mandate, theGroup has continued to critically and impartially scrutinize a1t wTitten and orafevid.ence subnitted to it and has endeavoul'ed to present to the GeneTal Assenbly areport that gives an imparti a1 ard honest picture of the situation of hunan rights1n unrre.

281+. In preparing this report the Group has considered several hr.rndred pages ofnaterial submitted to it from a variety of reliable soulces, includ.ing repoTts fYougroups and individuals vho trave very recently visited that country ' and has heardthe iestilrony of nany witnesses who volunteered to appear before it and give theirpersonal testimony.

285. the Group has sought and. encouraged contacts with the Government of Chile' Ithas listened with attention to the statements mad.e by Chilean Governnentrepresentatives during its neetings uith then, studied and careful']y consideredall the written docrnentation submitteA by the Government of Chi1e, and endeavoLredto 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 itsconcluding 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 acceptedby the Chilean Govern:nent, would have f'ulnished to the Group a.n incomparable means

of initiating or completing its investigations " . Sinilarly ' in its report to theConmission on Human nights-at its thirtt-third session the Group reaffirmed "itsconviction that its investigations can only be comllete and final if the ChileanGoveTnment 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 situationinside the country".

287. The crou! wishes once again to reitelate its firm conviction that a visit tochife by the Group is of paranormt inportance and significance in enabling it tofulfi1 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 thescope and consequences of the recentry enacted decree-1avs wos' t876, 18?7 and 1878nay 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 \rith theGovernment the possibilitv_ of-its arlo:ving th. c;;"; l;-"i"ri ir.,ri.i-"rn. oroonobserves that once again the Government oi Cnif. has used delaying rnethods inansvering the Group's request and renained unresponsive until the Group hadcompleted its fieLd mission as envisaged in its 19?? progra me of r,rork. InJuLy 1975' vhile it was in Lima on itJ r^,ay to santiago, the Group was stopped fromenterinpg Chi1e. In July 1976, afber the Group l:ad. already visited Mexico,representatives of the Governrnent of Chjle nei with the Group and_ discussed thepossibilitv of its visiting chile; since that aui. "" "r.ur -;;";r;;;;;'

propos arstrave been rnade by the Government in the direction 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 theJuJy 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 prioroccasions by the Government' rf the Group's nand.ate is extended, it is hoped thatthe representatives of the covernnent of Chile $i11 agree, durrlng the croup,smeetings in May 1pf8, to the visit of the Group to Chile.

289' The Group warnly r^'elcomes certain devel.pments and is equally gratified torelort to the Generar Assenbly that on the baiis of information ii tras receivedn1 large numb er of politicat detainees have been rereased, the scale of arxests anddetention has dininished, and the aceounts of torture are not as shocking as thosereflected in its previous reports. On the other hand, the croup is unable toconclude, on the basis of the infornation and reports it has received, that respectfo' hr'rman rights bas been restored.. on the contrary, the croup feets oblige. topoint to some critical areas where violations of humaJr rights and fundamentalfreedoms ' in sone cases systenatic ard institutionafi zed, d.epict a disturbingsituation in Chile.

290. The Group, after caref\rl1y considering the erridence before it, cannot escapethe conclusion, whi ch r^ras reflected in its previous reports, that chilean authoritiessystenatically refuse to respect the right io liberty Lna seeurity of person ofthose believed to be opposed to the present r6gine. such persons may be a'estedat the r,rhim of the security or€lans r which rareiy, if at all, respect the lawsrequiring arrest war"ants. fhese persons are tlken to ilfegal and unknorrn pracesof detention for questi oning and. torture, after which they ray be rereased on thestreet' transfer"ed to ar official place of detention or, in nany cases, never seenagain. Their houses are also sub,lect to searches by security aglnts wiitroutlawfu] authority' altd the occupants are subjected to humiliatin! harassrnent andilL-treatment.

291- The Group is especially concerned by the erridence it has received oi'a newsystem of intinidation - rerlacing in a way the large_scale d.etention of po]-iticalopponents - by which the authorities seek to control the "political'r activities ofChileans through short-tern detention and torture, fo].loved by continuousharassment of the person concerned and his faniry. Arother aspect of the currentsituation in chile which causes the Group deep ctncern is the inability of theChilean Judicial system to effectively pioteci the liberty and securit]r of theindividual or to call to j uagement or pinish those responsible for the irr-eqal

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cie-"ention, Lortur,- and disappearance of detainees. The renedy of 34!glg is uselessand inoreratlve in state security cases. T,he courts are powerless to obtain theappea.rance before them of individuals vho are iraplicated in crines a1Ieged1ycorurr-itted by nembers of the securj.ty organs. The judiciary apDears to haveabdlcated l-refore the executive.

292. In Chile, people continue to be subiect to being held by virtue of the stateoC s.i ege, under decrees istued by the llinistry of the lnterior' in detention centrescontro-L1ed by the security agencies. Furthernoore e the right to a fair trial isnot luaTorteed for Lhose deLained b;v the security orqans, since' even lrhen chargedui-h - e^mrcrr cri-e. srrch A< \'idn"nr^inp'- thpv naY be tried by var-tine rdilitarycourts, 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 excessiveperiods without trial. OtheTS continue to selve long sentences that vere irnposedafter political trials, l,rhi ch did not have even the senblance of fair judicialtrials in r,rhi ch the accused could have exercised their inalienable right tounirnpaired 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, noeffective measures have been taken to stop this practice or to punish thoseresponsible for it. lrloreover, the Group continues to receive extensive anddet;i1ed evidence proving the arrest and detention of peTSoFs who were relorted inthe pasl to be rnissing, and vho reI:-ain missinq. In this connexion, the Groun isdisturbed at the information it has received concerning the effects on chil-dxen ofthe 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 thenurnercus cases of missing Fersons, no such investigation has been initiated bythe Government of Chile. The Group once again calls upon the Chilean authoritiesto irndertake an investigation into the cases of missing persons, in particular the383 and 501 cases presented to the Supreme Court, and to make the results of theinvestigation public. This situation constitutes a €lrave hurnan tragedy and ca11sfor strong actj.on on the part of the United Nations. The Group believes theinvestigation should deal in particular r^,ith the testincny of witnesses and

docrmentary evidence of arresi and detention of the missing lersons. The Groupdoes not believe invest i gat:'. ons only into the supposed current vhereabouts ofrnissing persons is an adequate or fruitful nethod in cases where evidence of thearrest and delention ot- such oersons has been produced. Furthex, tbe Croup is ofthe viev that a visit of the members of the GIoup to chile could be a potent factoTin resolving, by on-l-ne-s!ot investigaLions, the quesLion of missing oersons andin 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 ofrzia+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 naketorture more effective and te11ing. Torture has becone an integral parb of thenevly 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;eresnonsibfe for toyture, as requesteri by tle lencral Asserblv, reveals cleirrl:/, thsLthere is -official support at tire highest 1ev-^1 r'or contirluation of the nracti,,.-t oftorture 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.gansis also shovn by the innurity the organs and their agents enjoy fron theJurisdiction of the Chilean courts.

2-97' Tl-e Group has repeatedry exlressed in its previous repo'ts its .rr.ave concernabout the activities of DINA, its unfimited powers and its impunity. Theresolutions of the General Assenbly and thosl of the conrmission on Ilr.:man Rightsconcerning chile have also voiced the same concern. Tr:re Grour has criticatryanalysed (paras' t61-t65) the decree-r.*" ".r.ti.,.g-to-irr"'ii";.i"ir""-rr lrt-,q ano,the estabfishnent of the central Naeional de rnforrnaciones and it hopes that thedissolution of DINA nay prove to be a step tor,rards the restoration oi human rrghtsin chile' It hopes that the newly created central liracional de rnformaciones andthe 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 clissorutionof DrNA wilf be folrowed by the prosecution before competent courts of law of thoseDrIilA officials vho have been responsibfe far viorations of hrunan rights and fortorture of thousands of chi.lean nationals. The dissolution of DrNA should havefor corollary the ful1 restoration to the judiciary of its po.wers; this Voul-dconstitute the only guarantee for the real protection of human rights.2!8. The constitutional Acts Dromulgated in september :19T6

',a\te proven to be a mere

fagade. erected by a r6gine that vishes to aopear as acting under constitutjonalauthority and nationaL and internationaf teg-afity.

299- rhe prorruJ-gation of constitutionar Acts Nos. 3 and )r in september 19?6 hadbeen thought of as a step tovard the evor-ution of the chileax 1ega1 system and asf\:ndamental inst..ments safeguarding the rights of the citizens. It has beenobserved, horarever, that Constitutional Act fro, 3, wnich specifies rights and duties,contains at least JB provisions lrhich call for further definition or irmlenentationby means of lavs or statutes to be subsequentflr enacted, and that no fegistationto this effect.has,. to date, been enacted. Constitutional Act No. l+,

"ntitt"almergency regrmes", vhich \,ras intended to formalize the por^rers of the Governmentin circumstances of emergency and establish linitations on their exercise, was,with the exception of tvo articles, to corqe into force on the date of publicationof its complementary legisration. This legistation has not, to date, ieen enacted,

300. The only portions of constitutional Act IrIo. L vhich did conie into effect on1t- ?""!."oi: lpl6, hor,rever, constjtuted a liritstion on the exercise of Lhe renedyof anparo (habeas corpus) and the renedv of orotecLion, j{ith the ororul qation oflater legislation (decree-law rlo. 168l+ or 28 January 197?) ttre remedy of rcrotectionwas vi rtually abolished during a state of siege. The r.rorking Group is constrainedto observe that the Constitutional Acts af t97G nave not fu1fil1ed the expectationsthat they had raised. Basic hurnan rights have not been cfothed- in constitutional

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safeguards, and the prol'nulgation of these Acts and subsequent decrees has onlyserved to lend 1urther coniusion and instability to a legal- system alreadysusceptible to abuse at the discretion of a military authority with unlinited and

undefined absolute povers.

301. Severe lirnitations on freedom of expression have been inposed since the

beginning of the vear. Radio Presidente Balnaceda' one of the last relativell.indepenaent media of mass cornntuni cation, r'ras closed dom on 28 January 1977 by the

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 thatrendered the constitutionai remedy of llotection inoperative during a state ofsi ege.

302. Another maior devel-opuent finiting freedom of expression vas the enactment on

iino.."rr -isir;i ;;;; {tiri-""v orderi No. 10?, which requires prior authorization

by the Chi ef of tf$ergency Zone for publication or importation of al-l neffspape"s ';Lurnals or other printei orait"t. This irposition of direct eensorship on alliublications to be circulated in Chile has been rnet ll'ith severe criticisn in Chile

a.nd internationally ' and can only be deplored as a further linitation and a serious

inroad on freedom of expression in that country'

303. The educational systen continues to be subiected to severe contTol bv Lhe

mirr'rqrv errthotitics: course curricula have been rnodified so as to suplress thediscussion of subjects that mi eht be inconsistent vith the ideolo4r of the present

r6gime; new subiects have been introduced' to foster the concept of nationals" 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 ieriod. of economic crisis' has resulted in deprivingtr.,os e vtro have only finited financial means of an education and belies the guaJantee

oftherighttoeducationsetforthintherelevantconstitutionaltexts.Thesrr.ppression of ideological pluralisn and limitations on the access to education

result not only in present ieprivation of intellectual fTeedoin' but nay be expected

to have far-reaching effects on the future of a nation whose able young people are

being denied the intellectual training for futrlre development througl the creationof an atmosphere qhere thinking is reginented.

3O\. During a vorld-wide econonic crisis the Government of Chile has pursued

progranmes which perroit the greatest burden of economic and social deprivation toia11 excessivel-y on the poorEst strata of its population' The restrictions on the

exercise of trade union rights and. the ".gt""""" controf of vages in a situation

of expanding inflation is resulting in widespread poverty'

305. The limitations on the exercise of trade union rights has deprived the l-sbour

"ector of the ability to participate activeLy in national life' Labour union

official-s 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 therestructuring of the public health orogra:n:nes has resulted in a dininution ofmedical care to broad sectors of the population. Disnissals of heaJ-th carepersonnel, and. the enigration of nedical, nursing and technicat staff haveaggravated the situation. Coupled vith the economic inability of the poo"eststrata 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 ofdepriving chiLean citizens abToad of their chilian nationality because, in theopinion 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 Dersonswho have been expel-led and. who have requested the right to return is in directcontravention of the rnternationar- covenant on civil and political Rights, rovhich ctrile is a ps'ty. The declarations of the government representatives thatchile 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 woulalno 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 hascontinued to issue such passports, The government representatiyes have stated.that the holders of such passports may €xchange then for n€w ones rdthout theendorsenent. The Group has not learnt of any such exch€neles of passrorts actuallytaking p1ace.

309. The situation of refu.gees continues to be a' area of concern to the working9_l:_ll, Thlough the efforts of the United Nations High Conrnissioner for Refugees(uNHcR)' the rntergovernmenta.r- committee for European Migration (rcEM) and theGovernments of nr.merous countries which have offered a haven to persons who havefled- the country and those who have been expelled, many refuqees have now beenresettl-ed abroad. The difficur-t and eostly task of re,niting tanilies anaassisting these persons in estabrishing thenserves economiceJly, socially andcu-lturally in a new environment continues. fhis was one of ttre motivating factorsbehind the suggestion of the Group in prior reports concerning the possibility ofestablishing a trust fund for Chile, anri the Group hopes its su4lgeslion willcontinue to receive due consideration.

3f0. The wodring croup has been encouraged by hearing frorn many r^'itnesses that itsreports and the decisions of the General Assenbly and. of the connission on HumanRights, backed by international action, have helped s great deal to improve thesituation of hur'an rights in chile. ftre I,Iorking Group is of the vi ew ihat nuchhas been accomplished by those combined efforts, but nuch yet remains to beaccomplishedr as the present report reveals. The situation in Chile lust continueto 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 ofthe l.Iorking Group. If it decides to extend the mandate, the r,forkinq Group vouldvi11ing1y carry out the obligations that may be entrust;d to it ty tfre UniteONations,

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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)

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AI{NEX I

Protection of hr.uran rights in Chile

The General Assernb-Ly,

Sgiigrg!& its resronsibility under the charter of the united Nations topromote 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 of ilnnanRight;;E/-everyone has tbe right to 1ife, ribefty an. the security of person andthc ri eht not to be subjectecl to arbitrary arrest, detention or ex-i1e, lr torortu"e or to cruef, inhurnan or degradin5: treatment or punishnent,

Recal'fing the Decfaration on the protection of A11 persons fron BeingSubJectecl to Torture and Other Crue1, Inhunran or Degradin€! Treatment orPunishnent 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, theGeneral Assembly expressed its profouncl distress at the constant and fiagrantviofations of hrman rights vhlch ha.ve tahen pLace anal continue to take pface inChile, incluC.ing the instituti onali zed practice of torture, cruel, inhurnan ordegrad.ing treatnent or puaishrnent " arbilrary sJreste detention and exile,

Reaffirning once more itsinhuman or degrading treatment

-Oonsidering tha.t its previous apleals to the chilean authoyities and" likevise,appeals by the Economic and sociaf council, the cornmission on Human Rights, thesub-coruission on Prevention of Discrimination and protection of Minorities, thernternational Labour organisation, the Uorld flealth organization ar.cr the unitedItTations Educational, scientific and cultural- organization for the restoration andsafeflra-rding of basic hunan rights and fund.smental freedoms in Chile have hithertoremainecl unheeded.

Bearing in rnind resolutions I ( xXxI )'lO T'clrnrorr 10'14 ^l of the Commission on

cond.ennation of all forrns of torture a.nd of cruel.or punishment,

of 27 February t975 V arld 3 (nrXII) ofHu:nan lights ,

a/ Resolution 217 A (III).

- .\/ See Officia,I Records of tire Economic and Social CoLrncil, fiftSession, Supp@ sect . -A..

c/ Ibid., Sixtieth Session, Supplenent No. 3 @/:-T68), chap, XX, sect, A.

Taking into account resolution 3 B (XXIX) of 31 August 1976 d/ of .theSub-Commission on Prevention of Discrimination end Protection of r4inorities'

Having considered the reports ofof H,::nan nights in Chile" e/ as ve11authorities, f/

Ta.hing note of the statenent by the chilean authorities of 16 Novenbet 1976"

t.ouglTT-o th" .ttention of the General Assenbly by a letter from the Pernanent

Representative of ChiIe, g./

cormend-ing the chairnsl and the nembers of the Ad Hoc Working croup foa the

thorough and objective manner in which the report taE-i-repared ' despite the

refusai of the Chilean authorities to perrnit the Group to visit the country inaccordance r,rith its rrtandate,

Concludi.ng that consts.nt and flagrant viol-ations of basic human rights and

tunAalrtentaf t edoms continue to take place in Chile '

1. Expresses its profound ind-ignation that constant and flagrant viol"ati'ons

of hr:nan rights have talren 1I;iE to take place in Chile ' in particularthe institutionali zed practice of torture, cruel, inhuman and degrad.ing. treatrtent

or punishment, the disappearance of persons for political reasons' arbitraryarr'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 ""rlat

i onal instruments to rhich chile is a larty and" tothis end:

(.) To cease using the state of siege or energency for the purpose ofviotatTng human rights and flmdamental freedoms and, having regard to the

observations by the Ad Hoc ilorking Group on the Situation of Huraan Rights in Chile'to te-examine the basisii which ihe state of siege or emergency is applied witha 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 lunishthose vho are responsible i

. (") To clarify forthr,tith the status of individuals nhose d-isaplearance isattributable to political reasons ;

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the Ad Foc I'lorkins Group on the Situationas thE-doc-Gments subnitteo- bl' the Chilean

d./ See E/cN. )+/1218 ,

e/ 4/10285, annex;

lJ A/Q.3/3r/Lt-6 and'

4 Alc.3/3t/rr.

chap. XVII , part A.

A/31/?53' annex '

^/c .3 /3r/ 6 / Add..r .

-t 25_

(dl ro release in:necliately those who have been arbitrarily arrested ordetained withcut charge and tirose rrho """-i.rl.i"oo sole1y for political reasons;

- ,(.) To release, furthernore, those r.rho are detained or imprisoned on account;:'.:"::,,;lr;l]1"to"" which did "oi "o""iiii,i"*."",i.inJ o;;.;;:-;';;; tirrre they

(_l) To guarantee fully the right of habeas corous (e:otaro):(6) To cras' the arbitrary der:rivation of chi.lean nationality ard to restoreit to those r,rho have been so deprivecl:

To respect the right of everyone to freedom of association with others,.the rr:cht to forr:r arld join tracle unions io" ii"-p"ot"ction of his

?o guarantee the richt to intellectua-l freedom;

(b)includinginterests

(j)

*"^ ^i_:. -,!epr:,re s

. ttre fact that, despite previous assura.nces to the conrrary,rne unrlean authorities persistently refuse to a1lor,r the aa noc r,,Orfrin! O"oup tovisit the country in accorclance r+itt its .""J.t",

^-^^-1- -.rrivites I'Tenbea states, united llations agencies and other internationalorganrzations to take steps r'rhich they nay "oi"io.. appropriate as a contributionto the restoration and safeguard-ing .; ;;;";;;ts and fundamental freed-oms inchi1e" in accordance vith the pr.pJ""" .rJ pri"iipi"s of the charter of the unitedltrations" and ,,relcornes 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 presentlyconstituted, so as to enabl-e it to repoit-EE-tnJ- ceo""rf Assenbly at itsthirty-second session, and to the co**i""lor, .f-lt" tnirty_fourth session, nithsuch add_jtional information as ,uy tu n.".""u.y;-(bl To fornulate recormrenclat ions on possible humanitarian, legaJ. andfinancial aid to those arbitra_rily

";;";;";";;';;pri soned , to those forced tofeave the country and to their rel-atives:

_- .- (") To consid-er the consequences of theChilean authorlties lvarious forns of aid- extended to the

^^^^*f;-- E:!}r,e!!g the President of the thirty-first session of the ceneral-^ssernbry a.nd the Secretary_General_ to assist in any way they may consider

i:"ffiii::t. in the re-est ablishnent or lasic tr'nan rigtrts ana funOa.rentrt f"u"ao,o"

-].:1a-

ANI'IEX II

Cornmission on 1{

Studv of re d violations of hr.Lnan ts ih r-hil'-

resoluti LXXTTI ) of

witl] larticul

llavins considered tneu" tr,E-ao.llrnEiG-iGt]i t u a

tortrre and otherference

lhe Commission on ILrman Rights'

!-glsjfgs of its responsibility to promote and encoura'ge resTrect for hrxnan

ri5lhts and fundarental freedoms for a].l'

Recal]'ingt}rattheUniversalDeclalationolllumanRightEsolemnlydeclarestnat E Effin-. itas the right to 1ife, liberty and security of person anC the rightnot trj be subjected to arbitrary arrest ' detention or exi1e, or to torture orcruel- 1 inhuman or clegrading treatrnent or punishment '

iecalling the Decl-aration on the Frotection of All Persons from Being

s '-,1;

eZild-Ii-Ert ur e e.nd Other cruel, Inhrrnan or Degrading. Tt"?11:"1-,-?:, Punishment 'unanimously adopted by the General Assembly in its resolution 3452 (XXX) '

ryf!!S.-t...L!!9g General Assembly resolutions 3219 (xxlx ) , 3l+l+B (xxx) ana

lf/fetr "o".Ei"i"g th" protection of human rights in Chi1e,

Considering its resolutions 8 (XIXT)'inouire into the situation of hrulan rights

in which an Ad Hoc working GrouP.toin chile """-e.tu.blished,

and 3 (xxxrl)'Group o 1"Ias extended,in which the nandate of the Ad Hoc Working

report of the Ad Iloc Working croup.(n/ctt')+/1221) as ve1lby the chilean-!fiI6rities lp/cn.t+/tzt+l ana Add.1-3) '

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 theGroup to visit the couatry in accordance with its nandate;

2. Shares the profound indignation expressed lly the oeneral Assenbly in its

"es.,].utio,'ffintvio]ationsofhrxlanriqhrshavcta]renplace and continue to take pJ.ace in Chi1e, in particular the instituti onali zed

practice of torture' crue1, inhuman and degrading treatment and punishnent ' thed.isappearance of persons for political reasons, arbitrary arrests, detention' exileand cases of d.eprivation of ChiLean nationalityi

3. Calls upon the Chilean authorities to put an end to the inadmissiblenrqai-..i nr- of sec.r-et a.rrests and subsequent disappearance of persons vhose detentionis 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 respectthe provisions of the interrational instrrrents to nhich chile is a party, and tothis end. to implenent paragraph 2 of General Assenbly resolution 3I/I?\;

5. Requests the Secretary-Genera] to invite l,{enber States, United. ltrationsagencies and international organizations to inform hin of steps taken to implenentparagraph 4 of General Assenbly resolution 3I/l-:2\ " and to rep-rt to the ceneralAssembly at its tbirty-second session and to the cornrnission at its thirty-fourths es sion r;

6. Requests the Sub-Connission on Prevention of Discrimination ard Protecti.onof l'linorities at its thirtieth session to undertake a stud.y on the consequences ofthe various forms of aid extended to the chilean authorities and to present aprogress report thereon to the Conr:lission on Human Eights at its thirty-fourths ession :

T. Further requests the Sub-Cormission to analyse feasibte ways to 6ivehumanitarian, 1egal and financial aid to those afbitraxil-y aJrested or imprisoned,to those forced to leave the country and to their relatives, and to presentspecific 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 ) anaMrs. 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 itsthirty-fourth session witb such additional- infonnation as may be necessaly;

9, hequests the Secretary-General to render to the Ad Hoc Working Group allthe assistsnce r^rhich it might require in its workl

10. Reconmends to the Econonic and SociaL Council to make arrargements forthe provision of adequate financial resources and staff for the inplenentation ofthe present resolution:

11. Decides to eonsider at its thirty-fourth session as a matter of highpriority the question of the violation of human richts in Chile.

ANNEX III

lGiginar: FngI i sh/

letter dated 10 l4arch 1977 fron the Permanent Representative of Chite to theUnited lilations at Geneva addressed to the Secretary-General , trans:nitting anofficial declaration of the Governnent issued on 8 March concerning the statenentmade in the Corrnrission on Human Rights on 8 March by the representative of theUnited States of America,

Letter dated 14 }{arch 1977 from the Perrnanent Representative of Chile to theUnited Nations at Geneva addressed to the Und er-secretary-General o Director-General of the United Nations Office at ceneva, requesting a copy of thetranscription in English of the statenent rnade in the Conmission on Hunan Rightsby lfts . Isabel l{oreI, vidow of l4r . letelier , on 9 lrlarch 19TT .

Letter dated 15 l4arch 1977 fron the Permanent Representative of Chite to theUnited Nations at Geneva ad.dressed to the Secretary-General transnitting theraedical 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 UnitedNations at Geneva addressed to the Secretary-General , transnitting a photocopyof an article in the Chilean newspaper El Mercurio, of 19 l4arch 1977, which].er\rnd'r.'eq t.ha pr+ira enaA.h

^h 1A trlo-^h to77 1-., +h6 ppaeidAr+

^f nh1'IpJ) I I UJ

Note verbale dated 12 April" 1977 from the Pernanent Mission of Chile to the UnitedNations at Ceneva addressed to the Sec retary-General, submitting informationregarding 68 applications for permission to return to the countly from personswho had. left the country under an expulsion order (Decree 501+).

Note verbale dated 18 Aprif 197? from the ?ermanent }4ission of Chile to the UnitedNations at Geneva addressed. to the Secretary-Genera1 , transnitting an officialstatenent of the Department of Justice of the United States of Anerica, dated1l+ April f977, in regard to the official investigation of the death ofMr" Orl-ando Letelier,

Note verbale dated 5 IAay 19?? fron the Pernanent Mission of Chile to the UnitedNations at Geneva addressed to the Sec"etary-General , transmitting a copy of thestatenent nade by the }.tinister of the fnterior of Chile on 11 March f977concerning the social action policy of the Governnent.

Note verbale dated 10 May I9T7 from the Perr0anent l,lission of Chile to the UnitedNations at Geneva addressed- to the Secretary-General , transnitting a copy of thepublic statenent dated. 2 May 1977 raade by the Department of Public Opinion of the

cations received

Archbishopric of Santiago, concerning statements attributed tol4r. Luis Corvalan Leppe in reference to the use of the roney of the Lenin peaceP"ize granted. to hitr.

Letter dated. 11 l4ay 19?? from the Perrnanent Representative of chil-e to the unitedNations 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 itby the Chairnan of the Aat Iloc llorking Group concerning the meeting of"epresentatives

of the Governbent w"ith the Group during its sessj.on of15-20 May f9T7 at ceneva.

Note verbale d.ated L8 May 19?7 fron the Per&anent Mission of chire to the unitedNations at Geneva ad.dressed to the Secretary-Ceneral, subnitting infornationconcerning the situation of the various trade-union organizations nentionecl inthe 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 UnitedNations s.t Geneva atldressed to the Chaiman of the Ad. Hoc Working Group,transnitting the documentation exchanged. betveen thJ Int&national Conmission ofthe Red C?oss antl the Goveannent of Chile concerning nanes of persons reportedd.isappeared.

Note verbale dateal 9 June L9?7 fron the perrnanent Mission of Chile to the UnitedNations at Geneva ad.d.ressed to the Secretary-ceneral-, transnitting infornationabout Decree i]o. 1905 granting partlon to ffonen and minors in cerbain circunstancesand 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 Unitedllations at Geneva add.ressed. to the Secretary-General" , transnitting a copy of anunofficial translation into Englisb of the speech by the Pernanent Representativeof Chile to the Unitett Nations at the sixty-second session of the Econonic andiioc ra-L uounc].L .

Note verbaJ-e dated 17 June 1977 from the Pernanent Mission of Chile to the UniteclNations at Geneva addressed. to the Director of the Division of Hrman Rights,trsnsuitting to hin a conmunication f"om the Chilean Government informing thatthe rep.ly to the letter addressed to it by the Chainman of the Group, dated20 }{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 UnitedNations at Geneva add,ressed to the Secretary-Creneral describing the circumstancesof the release of l'{r. Jorge Montes.

Letter dated l+ July L9?? fron the Permanent Representative of Chile to the UnitetlNations at Geneva adalressed. to the Chairnan of the Ad Hoc Working Group, in repLyto 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 UnitetlItlations at Geneva addressedl to the Secretary-General , transnitting the text ofthe 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 UnitedNations at Geneva addJessed to the chairnan of the Ad-49q Working Groutr)

containing infornation regarding certain aspects of human rights in Chife andtransnxitting varioug relevant lublications .

Note verb a1e dated. 1? August 1977 froux the Permanent l{ission of Chile to theUnited Nations at Geneva ad.dressed to the Secretary-General, transntitting thetexts of Decree Law No. 1876 (Dissolution of DINA) and LegislativeDecree No, fBTB (nstalfishing the National- fnfornation Agency).

Note verbale dated 25 August 19?7 fron the Permanent l4ission of Chile to the UnitedNations Office at Geneva, addressed to the Chairnan of the Ad Hoc Working Group.

ANNEX ]V

Letter dated 20 April f977 from the Director of theDivision of Human Rights ad.dressed to the PermanentRepresentative 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 Conrnissionon 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 Conmissionextended. for one year the mandate of the Ad. Hoc Working Group on Chile and requestedit to report to the General Assenbly at its thirty-second. session and to theCornrnission at its thirty-fourth session vith such additionaf inforroation as nay benecessary. 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 thistime in Karachi, requested me to infolm Youx Xxcellencyrs Government that theAd Hoc Working Group vi1l resume its meetings at the Palais des Nations in Genevafrom 16 to 20 I'{ay 19?7. In this connexion I am asked to inquire on his behalfwhether Tour Excelfency's Government would vish to have its representatives meetvith the Group at that tirne and provide it with any vritten or oral lnforraation.

(siened) t{arc SCHRIIBIRDirector

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 youtake up the inportant functi.on of Director of the United ltlations Division ofHuman Rights.

Your recognized integrity, wid.e knorrle dge and experience sre for me and forthe Government which I represent a sure guarantee of effective and constructiveaction in a fiel-d as sensitive and important as that in which you ui1l be carrying^rri a.^r,F /1r,+ i aa

... I also take pfeasure in replying to the communieation of 20 April 1977transnitting to ne the question raisett by Mr. Ghulam Al-i All-ana, Chairnan of theAd Hoc !/orking croup, naruely whether the Government of Chile ltouLal like itsrepresentatives to meet with tbe Group d.uring its session of 15-20 May at thePal-a"i s des Nations, Geneva.

In this connexion, I can inform you that it has always been the aim of myGovernment to co-operate closely vith international bod.ies and that it reaffirnsits desire to do so on this occasion, nore particu.Iarly with regard to the A4 Hocl.torking Group, in the hope that it vilt prove possible to reach an agreenent forthe settlement of outstand.ing natters in a way vhich safeguards our sovereigninterest s .

I vould therefore be grateful if you would connuni cate the foregoing to theChaiman of the Ad. Hoc Working Group. The undersigneal, together lrith the Counsellorof the Pernanent Delegation of Chile in Geneva, Professor Luis Winter, vi1I comprisethe delegation of the covernment of Chile for this purpose.

(sisnea.) Manuel TRUCCo

Ambas sad.orPermanent Representative

ot unL,Le

-r-J 5-

AIINEX VI

The members of the Ad. Hoc l{orking Group on Chile requested me to convey to youour pleasure at having had the opportunity of neeting Your ExceJlency andMr, Luis Winter d.uring our meetings of LB-20 ltlay 19'17. I wish to assure you thatthe infornation you presented during those neetings to the Group, both orally andin wri.ting, on steps ta-hen by Your Excellencyts Government to restore human rightsin Chile and the discussions of this infomation vi1I be fu.lly reflected in thereport 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 processof naking final d.ecisions concerning its prograJoroe of vork and its field missionduring this sr.rtrmer. In this connexion the Group expressed its desire to visit youreountry, i-n fulfilling the mandate entrusted to the Group r:nder Cornmission onHuman Rights resolution I (nO(I) anal requesteal you to convey this desire to yourGovernment. The Group has asketl me to reitetate this desire.

Taking into consideration the practical and. logistical arrangements necessaryfor its progranDne of work for the slr trer, the Group lrouLd be nost grateful if theresponse of Your Exeellencyrs Government, which ve hope will be positive, cculd betransmitted to the Group l.rith the least possible del,ay around the middle ofJune 19?7. The reason for this tine-liniting factor is that the Group, in order tofirlfll its mand.ate and to d.raft its report for tr-tne1y subnission to the GeneralAssembly antl Your Excellencyts Govern:aent r,ritl begin its fiel-d mission of three tofor.rr neeks on 11 July 19?7.

We s.re hopeful that the Government of Chile l.'ill ma.ke a positive affirurationfor such a visit of the Working Group. Hovever, shoql.d. this not materialize, theWorking 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 meetingregardlng the subnission of the Grouprs report to the GeneraL Assembly and theConmission 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 GeneralAssembly and the Conmission on llunan Rights makes this possible, one month beforethe report ls to be considered by the Third. Cornittee of the General As s eiably or theConmission on Human Rights, as the case nay be. In this connexion, the Group notesthat Your Excellency expressed consent.

(Sienea) Ghulaln Ali ALLANAChairnan

of the Ad. Hoc Working Group on Chile

Letter dated

Office at Oeneva

-f i.+ -

ANNEX VI1

llote v':rba1e dar,ed I/ June 1t77 fror the Permanenf, 1jssion or fhi.Leto 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 presentsiLs conpJ jnents Lo tlre Director of thc D-ivjsion of ilunan Rights ond has the honourto inform hirn that it has not yet been possible to send him the Chilean Goverment'sreply to the letter dated 20 jfay fron the Chairman of the Ad Hoc triorking Group ofthe Commisslon on Iluman Rights, since both the I"linister for Foreign Affairs and hisadvisers na.ve been occupied, firsr of all, with preparinE Chi-Lers participationin the General Assembly of the OAS and are at present in Grenada attending thatConferenc e .

The Chilean Government has nevertheless instructed this l{ission to infom theDirector that the rep.Ly tri1l be sent within the next fev days,

The lernanent liission of Chife requests the Director of the Division of HumanRights to inforn the Chairman of the Ad Hoc l/orking Group of the contents of thisnote and takes thfs opportunity to reiter:rte the assurances of its highestconsideration.

-t 15-

ANNEX VIII

ter eci 4 e Pemanentto l,he United ons 0f addres s

foriginal: Sneni shZ

In a Letter dated 20 May you informed rae of the decision of your Ad Hoc l,/orkingGroup to incl-ude in the report it is to submit to the General Assernbly-E-itsthirty-second. session, alf the verba-l ard vritten information received frou ourGovernment in connexion \rith the restoration of normal conditions in chile withregard to ruatters r,rhi ch the cormission on Human Fights had referred to it forinvestigation and examinati.on i you al-so reaffirmed that Grouprs desire to visitchile before the session referred to above and stated that, in this way, it vr:uldbe able to comply fully vittr its terrns of reference.

Wlth regard to the first point made in your cornmunication, ntr/ Government hasteken due note of the proposal_ in question, but once again regrets tbat it has notyet been possible to intToduce the mininum procedural rules we envisaged in ord.erto ensure the necessary accuracy and reliability in the matters under considerationand., consequently, the objectivity that is essential from a legal_ st andpoint.

trJith regard to the convenience and timing of the pr.oposed visit, ny Governmentconsi.ders tha.t any decision in the matter must take into account the principatrelevsrt circumstances and facts, namel,y:

(a) There are at present no poJ.iticel detainees being held in Chile inconnexion with the state of siege, Tbe refease of ivlr. Jor.ge l4ontes, the last ofthese d-etainees, enabl-ed. 11 political prisoners of the Germa,n Democratic Republicto regain theiT freed.om.

(b) Offences comuittecl against the security of the State are being heardnainly by the regular courts, establ-ished in accord.ance vith the law Drior to theadvent of the present Goverrurent and in accordance vith the substantive andprocedu.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 ofinstitutionalizing its civic and politicar structures in order tc overcome i.n athoroughl-y d.enocratic marner the serious crisis which was brought about by themarxist experinent and vhich cal,led in question the very foundations of its nat ione-lcharacter ald sovereignty,

The President of the Republic proclaimed this obj ective as being of toppriority a"nd. as leading to a second stage.

(d) The Organization of American states, at the seventh regu-r- ar session ofi.ts General Assembry held in Grenada in June o recognized. and agreed" on the basis,

to the Chairman of the Ad Iloc ltrorking Group

-r35-

inter alia, of what has been stated above, that Chile no fonger deserves separatetreatment in connexion vith the protection of human rights, which is theresponsibility of that internationa.l organization, but that it should be. consideredin the context of the protection of human rights in 6eneral; for this reason it d.idnot request the Inter-.Anerican Comission on Hr.rman Rights fo" another specialreport on our country, although it cerled for specific leports on other countriesof the Cont inent.

fhis ettitude is part i cularJ-y relevant in viev of the fact that thisOrganization had. schectuJ.ed, as future topics for consid.eration, eny alleged "casesttof violations of humar rights of which Chil-e night be accused, since it putto any id.ea of the existence of large-scale, systeuati.c or institut ionalizedviolations of that nature - epithets vhicb have hitherto been used in a persistentald unr,rarr arrt e d. manner to our detrioent, in spite of the obviously norna1 conditionsprevailing in the country.

(e) This statment by the Orgarization of Aneri ca.n States, a regional body ofunquestionable competence by virtue of its composition and. knowledge of the areaunaler consid.eration, cannot fsil- to be a factor of decisive iuport ance in theexani.nation and eva-l-uation of the issues whictr have been subnitted for considerationto the Group of \rrhich you axe Chaiman; it shouJ.d. also be pointed out that both theInter-Anerican Cornmj.ssion on Human Rights and the Geneta-I Ass embly of theorganization of American States took into account, in aaloptin€ the statenentreferred to, the reports of the Ad Hoc llorking Group, as lrell as the relevartreso.Lutions.

This is not to say that we ale unan'are of the conpetence of the United Nationsin the matter of violations of hunan rights; this competence has afways beenrecognized a.s evidenced by ny countryr s co-operation. There is, nevertheLess, aneed. to harro.onize the activities of legally interrelated bodies in respect of theirvork and fields of competence, particularly when they tehe action si.nult aneouslyon the same i s sue.

For al-l these reasons, the Goveruoent of Chile believes that a visit at thistime by the entire Ad Hoc Workin€ Group as such wouLd place Ey country in aposition wbi.ch woul-d not be consistent vith the decision t aken by the organizationof 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 ofinvestigation being pursued. by two international. bodies of which Chil-e is a mernberand, finally, could make a negative anal confusing impression on national ardinternational- public opinion.

In spite of what has been said ebove, and. in conformity with the principles andposi.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 on26 August I!f6 remains open subJect to the cond.itions and on the assumptionsindicated therein, which yecapitulate those nade in plevious ccnmunications - allof $hich are containetl in Unitetl Nations General Assenbly alocunent A/c.3/3L/4 of7 October 1976.

In order to facilitate the working Grouprs clecision on what has been stated inthe preceding paragraph and to provitle it with any adclitionaL inforraation it rnayrequire in the perforltance of its task, f wouJ-d be grateful if you would ask theGroup to consid.er allowing a representative of ny Gove"nnent to attencl its nextmeeting; if it a€rees I should be grat eful- if you wou.]-d l-et ne know the date Endplace of the meeting.

(sienea) I',anue1 TBUccoAmbas sador

Pe"nanent Representativeof ChiLe

-138-

"^,NNIla IX

/orif"inal: SPanis

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<l-e by the Constituent Cormtission in corlrunicationIo. 502-a. of f977 that the neriods specified in transitional- article 3 ofConstitutional Act 1lo. 3 a.nd in the transitional article of Constitutional-Act llo. 4, should be extendeal-,

2. That the first na,ragralh of transitional srticl-e 3 of Constitutional Actllo. 3 provicles that, Irithin a ler1od of 180 dqys from the d-ate on nlli ch thatConstitutional nct enters into force, there shall be issuec. the organic 1ar'r onexpropr:iations nhich sha1l conforn to the constitutional provisions \,rhich have beenpromulgated', 8nd

Tlra-t tle dhird para5raph of the saPle articl-e states that the exoropriationsrrhi cl-r are nra"nted or decreed during the peTiod. of six nonths referTed to in thefirst para.qra:h shalI be noverned by oertinent larls to the extent that they are notcontrary to the Constitutional A.ct a.ncl that ' in such a case, the cor'1pensationdetermined 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 theConstitutional lct shal1 enter into force 1BO d,atrs aftel its publication in theDia.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 cn12 t'taxch L977 .

," lihat, clespite the progress nade on bhe relevant stud-ies entrusted to theConstituent 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 perioCsspecifierl , not only because they xelate to cor-.pfex subJects Irhich had to be

sufficientl'l nature and- required thorough analysis ' since this is the firstatLennr, in the lelisLative histcry o+ Chil-e, to nrepare a systenatic coherent anC.

-=nl

-t ?o-

harmonious set of laws on matters which, in the pest, were dealt with in a Sreatnany, scattered 1ega1 provisions which were consequently cumbersome and difficultto apply, but also because for these matters it is necessary to ascertain the viewsof 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 thepe: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 f974and a"ticle 9 of Constitutional- Act No. 2 of 1!16,

The Government Junta, acting in exercise of the constituent power, issues thefol-].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, replacethe words "within a period of 180 days fron the date on vhich this constitutionalAct 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 "Theexpropriations whi.ch are granted or decreed during the period of six nronthsreferred to in the first paragraph " by the follofing "The expropriatione which aregranted or d.ecreed after the entry into fo"ce of this Act and before the entry intofolce of the organic lav on expropriat ions ".

(b) Repface the transitional article of Constitutionaf Act No, l+ by thefollowing ;

"Transitional article. Thi.s Constitutionat Act shal-l enter into force on thedate of publ"i.cation in the Diario Oficial, of the conplementary Iaw referred to inarticle 11 . Exceptionally ,-ffi;:-ver , the provi sions of article 13 of the Act shatlenter i.nto force on the date of publication of this Constitutional Act in theDiario 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 inarticle 1(b) above, relates to the provisions of decree-lav No. 153)+ of3t January 197?.

To be registered in the Office of the Controller-GeneraL of the Republic' tobe published. in the Diario Oficial- and to be inserted in the Official Digegt of thesaid office. - AUGUSTO PINOCI{ET UGARTE, General of the A$ry, President of theRepublic. - 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. - tGene}€-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

I{o. 1,684. Santiago, 28 January 1"9?7. Regaral being had to the provisions ofd.ecree-1ar+s Nos. l- and r28 of lt?3 and llos. 6e? ano 788 of 1974, and' aLticle 9 ofConstitutional 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 herebyrelealed and replaced by the following: "The remedy of protection provided' forin 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 otherconstitutional or legal provisions. "

This amendnent shalf enter into foxce on the d.ate of its publieation in theDiario 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 Digestof 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 theAir 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.

of article l-lr of the

AIiNEI XI

,gt,atenent ty the Presid-ent of the lepubticof 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 thelife of the nation, f have thought it necessary to nake a brief Dublic sta.t ementto exple"in the Oovetnlentis apnroaeh to ltris ner,r sta.qe in our fife, in orCer tohelrr 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 havebeen at pains Lo rnake" the econo-ic situation of the country tod.8.,r is clefinjLelyencouraging,

fn accordarice rrith the priorities r,.'hich lre e:lnounced- exa.ctly a year ago, thecormtry has stabilized its balance of la;rnents " it has continued to fi gl,rtinflation r"ith nark-ed success and it has begun a. process of revitarizing theeconomy 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"lexports and the incree.sed. inflovr cf capital attracted by the txanquillity insidethe country and the responsibfe conduct of our econonic affa.irs have Eiven us abalance-of-pa)ryrents s1lrplus and foreign currencv rese?ves such as Chile has no.rhad for many years. Consequently, r.re ha_ve not had to renegotiate the servicing ofour foreign debt in 1976 and 1977, and.!,re have erappled successfulll,r vith thel'ear,1r burden of debt left !s by earlier Covernnents, rrhich rnee.nt rei"bursin. s orne1"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 rooffice has been systenatically reduced to about ha-lf the forner figure, and r.recan nolrr c.lairn r'rithout hesitation that inflation is definitelv on the decline.

These developments have helpecl to speeU up the economj.e recovery, \rhoseresults can alreacy be seen in the reduction of unenrplol,-.ra.ent and. the expansion ofindustrial 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 rrillstrengthen the revival in terns of procluction anct- enplol,'rlr.ent and vi11 grad-uallylead to greater "ell-beinf for everv Chilean in his daily life through a rise inthe real- value of vafres.

In vie\,t of the sound progress of the econorry, the efforts lrad,e by certainpeople 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 ncsignificance in thl over-all economic picture, are utteLly ebsul-'f ano Juil af allproportion to the facts.

The Govevnment has approached the problern of the srna11 saver with genuinesocial sympathy, and has gone nuch f\:rther than its Iegal obligations inconrnitting itsel-f to lrotect then. It is al,so firnly resolved to have theoffend.ers punished by lav. It condemns, however, in the strongest terms theinesponsibility 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 castd.oubts on the stabifity of the economic system in general.

The Chil-ean people must rea].ize that perseverance in pursuing a consistentand- 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 socialprosperity, 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 theGovernnent has recently focused- the attention and conceln of the Seneral lub1icon !n]-s r Lerd.

conscious of its historic nission and true to chilers deeply-rooted nationaltraditions of 1ega1ity, the present Government has endeavoured from the beginningto grapple with the emergency by using whatever po'wers vere necessary to maintainpeace within the country vhile constantly striving to build a new and soundinstitutional fxa.nework.

In our Decl-aration of Principles 'we clearly stated our view that theexistence of a legal oriler that respects human rights is a besic tenet of thepresent Goverdoent and that 'we regard the establishment of a new and modernizedinstitutional franevork as essential if the denocratic system which Chile iscreating is to be ensured real stability.

Nationalist and Christian humani sn

The humanist, nationa,list and Christian id.eas ernbodied in our leclsration ofPrinciples are the corner-stone of our ccnditct. They underlie our fufl andunswerving respect for the Judiciary; the creation of the Constituent Commission;the pronul-gation of the Constitutional Acts prepared by the Connissioni theestablishnent of a Council of State at the highest fevel of the Republic; theorganization of the Legislative Conmissions; the enactment of 1egal instrumentsto provid-e guarantees to detainees held under a state of emergencyi the progressiverelease of all persons hetd under the state of siege and, 1astly, Chile'sconstructive collaboration vith the international organizations.

It is especially inFortant to remerobe? these facts today since they arenilestones on our steady progless tovards an institutional system based on clearobJectives 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:bertunon rne today tr> rcaf irrn that the Covernnent. cver whjch T preside completelyrestrects the independence of the Judiciary and acknol.rledges the fully bindingnature 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 theimrnense importance which the Government attaches to them" since it is on the basisof these instruments tha.t the work being done by the Constituent Comrnissionin drafting a nev political constjtution for the Ctate, has begun to be 1ega11yfornali zed.

During the present year it will be necessary to proceed vith the draftingof new constitutional acts on natters relating to the o"gans of the State, whichvil1 provide a nore comprehensive picture of the nelr institutional stlucture weare building.

The amendments made to the original text of the Constitutional Actspromulgated last September have 1ed to certain expressions of concern, on whichf feel it is d.esirable to conment.

T rnust point out that the Government has alvays nade it c1ea" that thepurpose of enacting these Juridical instnments before the promulgation of acornprehensive Political Constitution is to neet the ilmerative need for aninstitutional system that rrifl gaaduaUy be given a stronger 1egal content butvill at the s8me tirne be more readiJy adaptable to the requirenents of changingconditions in the country.

The Government vilI be vigilant, however, in ensuring that any future refornof the constitutional Acts now in force responds to a general 1ega1 need and is inkeeping lrith the concepts on vhich those Acts are based.

In this connexion " the abolition of the remedy of protection during anystate of emergency vas dictated by the difficulty of apptyinpl it until such tineas the nerq law to supplement the measures governing states of emergency has beenpromulgated.

Once this new 1eg€l instrument has been enacted, it viII be J,ossible to giveful1 legal effect to the institutions established under the relevart ConstitutionalActs' vhose raison dr€tre is t.o conbine the broad powers the Government rreedsduring a statE-iTGdEiffiey r^rith effective protection of the rights of theindlvidual.

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

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body should tafte an increasingly important part in the vork trl: the corerrlmentdu"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 differentgroups vithin the conm:aity, the nation vil1 be suitably informed of the resultsof the Council's studies and deliberations.

f wish speeially to enphasize this point because, once the first lhase of itswork 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

As the country lras progressing towards this nev institutional phase ' it became

necessary to dissoive the tiaaitional political parties in accordance r^rith theideas which I have etpressed on so rnany occasi'ons and in particular at theinauguration 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 ourNationaf 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 oftheir members and the soundness of their thlories and their practical aims.

I added that one of the most crucial protlems for contemlorary democraciesis that the short-comings of their constitutional syster.s have allowed thepolitical parties to become vehicles for pover-seeking Ihich are used by a srnall-eroup'ot 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 thedevelolment 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 beenshaped 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 bythe ?ecent dissolution of all the traditiona] political parties, and only failu"eto 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 fordenagos. and the infiltration of Marxism, to the new notion of the politicalparty as sinply a med.iun for reflecting cur?ents of opinion.

W€ must therefore relinquish the idea that parties are Juridical persons inpublic 1aw vhich, vith the aid of electoral rules that gj.ve them a virtualmonopoly of the votes and political participation of the people, have beentransfornled into gigantic power nachines, often financed by foreign orinternational entities on vhich, as a rule, thev finally become completelyd.ependent.

Itrat use is it for the people to elect a legisl-ator if he has to obey tbedictates of a minority which controls the party nachine?

0D1y a systen that eliuinates the need for political parties as a compulsorylink between the citizens and their authorities virt nake it possible for thenew parties which vill emerge in the l\:ture to confine thenselves to being necliaof opinion that seek to influence the actions of the state vithin the framevorkof the institutional rules.

The gap betseen these concepts is not Just a question of s ernantics but isreflected in the need for completely different laws fol creation of the organgof the State and the d.evelolment of the systen, and the fltture levels ofparticipation \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"sistentlyand repeatetlly violating the recess imposed. on the political parties nade itnecessa.ry to proceed. imediately with a neasure vhich the Governnent has beenannor.:ncing fo? some tine as part of its institutional progra.me. Thi s is theonly reason why the dissolution was applied to all the parties in existence on11 September 1973 even though some of them had loyaIly and patriotically acceptedthe rul-es for the recess.

The Government has issued the l\_rll- text of the documents p"epared W thelead.ership of the forner Christian Democ?ats in order to give the p€ople anopportunity to see for themselves the nature of the alleged alternative vhich thispartisan 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 countryanything other than the same ambiguities which plunged it into discord and chaosin the late 1960s and culninated in the Marxist disaster of 19?0. There is nobetter denonstration of the fact that, despite their clains to tre self-critical,they have leeJned absoLutely nothiDg tyon the terrible expe?iences the countrywent through in the period preced.inpS 11 Septernber 1973.

Their anbiguous attitude to conmunism. whose inclusion in the democratic

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systen they aspire to is explicitly acknovledged ' bas made it clear to -the

Chilean leople that tire former Christian Denocrat Party has no well-defined 'contenpoia{, and effective policy for the future of our country but renained

tied to a past vtlose tragic- outc-ome our people never vish to experience again'

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

extraordinary progress our present situation represents ' compa"ed vith the totafchaos in whi.ch we formd the countTy on taking office'

This is the most eloquent reply ve can give to the critics and sceptics atthi s tine.

Authority and .lustice

Tn order to maintain a tranquillity such as fev countries enJoy in thepresent-day vorld, we have exerci-sed auihority with energy but always illuminatediy stanaarhs of justice which derive fTom the firro mora] and lega1 principles by

vhich ve are guided.

Spiritual beliefs of this kind are the best guarantee that this Governm€nt

will niver identify authorit ari ani srn with arbitrariness and the persecution of the

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 returnto chaos.

If the application of this criterion make s it necessary to amend existinglegislation or to enforce some particular provisiono the Government ' faithful tothe conduct it has pursued in sirch natters since it took office, will not hesitateto do so.

We who came to polter on 11 Septenbe? 19?3 have never aspired to.hold itfor ever. We realize that lre are here to can:y out a specific and historicmission: 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 dailyinc".."irrg civilian/ni1it ar! integration, Just as on Jl Septenber we acted inconcert against the opposition of a blind and hostile najority, because the finaloutcome of our actions r{ilI depend on all chileans 'who love their country and vho

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 ofChil-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

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 ofConstitutional- Acts Nos. 2 EJrd 3 relating to the Essential Bases of Cbileanrnstitutions 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 itis the duty of the State to encourage the harmonious integration of a]-1- the sectorsof the Nation, thus naking it possible, r^rithin an effective concept of r:nity, toachi.eve the g"eat national objectives;

2. That " for the above-mentioned purpose, tlansitional article ? ofConstitutional Act I{o, 3 naintains the suspension of the validity of articl_e 9 ofthe Political constitution of the Republic so that aL1 the political parties andentities, 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 poLiticalparties or organizations have continuec! their activity, which has led to thedevelopment of the type of id.eological and. paxtisan confrontation which previousJ,ypromul-gated decxees lrere designed. to prevent;

l+. That, for all these reasons, it is essential to dissolve such partiesor groups of a political nature in order to protect the lasting values ofun].Ienl dad:

-**.r"rnment

&rnta, acting in exercise of the consti.tuent power, issues thefollovin g d.ecree-law :

Article 1. ldotr,rithstanding the provisions of decree-1av No. ?7 of 1973, all

ca-1 4atul€ not covered by d-.cree-law No.

-l)+B-

the political parties and entities, groups ' factions or movenents of a politicalnature not covered by that tlecree-law are hereby declared dissolved'

A}1 the organizations referred to in the preceding paragraph are herebydeprived of their 1egal personality.

The existence' organization, actiwities anii propaganda of whatsoeve" kind ofal.l the politi.cal paxties, entities and other organizations referred to in thisdecree-Iav shalL be prohibited.

The carrying out or encouragement of any public or private activities of apartisan polilical nature by sny natural or 1egal ?erson' organization, entity orgroup of persons sha11 be prohibited..

Article 2. The assets of the entities referred to in this decree-l-aw shal1 feused for the purposes laitl dovn in their respective statutes ' ff the said statuteshave not "pe"ifi-a the use to which such assets are to be put in the case of tbedissolution of the organizations of a politicaJ- aatr.re referred to, the assetssba11 becone the property of the National- Tteasury in accordance with theprovisions of art-icl-i !61 of the Cir,-il Code and the President of the Republic shal1d.etermine the use to be nade of then for the conl0on good, as he deens appropriate '

Artic]-e3.vio].ationofanyoftheprohibitionslaidd.owninarticlelshallbe pr:::ishable by sentences, of the rnininum or the maximum degree' of short-termirnpiisonment with conpulsory {ork' fo"ced. residence or forced exife or by a fine rf100 to 1,500 nonthly tax r:nits.

Any repetition of such an offence shall be punishable by a fine of 500 to2,000 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 Jointlyresponsible fot paying it. In such cases, moreover' any profits gained fron theoffence snd. the instruments a'ith vhich it was cormitted shal1 be seized, whetherthey 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' theprovisions of artiele l+9 of tfre Pena-l Code sha.11 appfy '

Article )+. Cases arising from violations of the prowisions of article I ofthis decree-lav shall be tlied in accorda.nce with the provisions of Title vI ofLaw No. 12,927 on the Security of the State.

Arbicle 5. Decree-lav No. ?B of 19?3 and the anendnents thereto are herebyrepeafed.

Article 6. Replace transitional article ? of Constitutional Act No. 3 by thefollowing: "Ttre validity of aJlticle 9 of the Pofitical constitution of theRepublic is hereby suspended".

/ ,..

To be registered in the Office of the Control_1er-ceneraJ_ of the Republi.c, tobe pubLislred in the Diario Oficial and to be inserted in the offieial Digest of thesaid office. - AUGUSTO PINOCHET UGARTE, Genera]- of the Arny, president of thelepublic. - 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

/-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 areearnestly seeking a nelr way to organize our public life and re-establish oursocial structures. The chaffenge is to consetve the great values vhich $ereformerly 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 thiscoexistence in recent years.

At such a time, as at every great moment in the Life of our country, the voiceof the Church must reach her sons and alf men of goodvill' seeking to giveguidance 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 fromwhich must foilow aecisive consequences, good or evi1" for our hofteland, we a"eonly 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 socialdoctrine and ... to pass moral iud gments even on matters touching thepolitical order, whenever basic personal rights nake such Judgnentsnecessary." ( 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 ourexclusively moral and pastoral viewpoint and authority.

Our intervention is afl the more inevitable in that the nev politieal fornstaking 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 theChurch has special authcrity to speak.

Christian humanism

tr'Ie have heard vith satisfaction ilis Excellency the President of tbe lepublic

ttee oConference of Chile isqued on 25 Malch 1977

2.

-'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 someessential eleuents of this hurnanism.

The basis of the christian conception of man ancr society is o.r belief in thetiignity of the hunan person.

- 'tldhat is nan, that thou art nindful of him.l and th-- son of nan that thouvisitest hirn?

"!'or thou hast nade him a 1itt1e 1o$/er than the angels, and hast crorrned himrcith 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 beforethe coning of our Lord (psalrn B)"

The New Testanent is even more explicit. llan, it te11s us, is the child ofGod' the son of cod, the helper of God and the heir of God. we can affinr. thathuman rights vere promulgated by God earlier than by nen themselves,

In keeping with this teeching, the Declaration of principles of the presentGovernnent of chil,e recognizes that man has natural rights which are anterior andsuperior to the state - rights which the state mus t recognize and whose exercise itmust

"egu1ate, but vhicb, since it did not confer them, it can never deny.

This same hunan dignity demands that man shal1 alvays "act according to aknoraing 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, vhichis recognized by the Declaration of principles, and the superiority of the orc.erof persons over the ord.er of things ( Gauaium et spes. a6) "Ttre social order", thecouncil teI1s us, 'rrnust be founded on truth " built on Justice and animated by1ove1 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 alsoto those who think o" act differently than we do in social, political and evenreligious natters'r" and that "it is necessary to distinguish betveen error, vhicha1l'rays merits repud.iati on " and the person in error, who never loses the dignityof being a person, even lshen he is flar,red by false or inadequate religiousnotionsr' ( Gaudiur et spes. 28).

3. The judiciary and missinA persons

on the basis of these sarne principles His Excellency reaffirmed the complete

"esFect of his Government for the independence of the judiciary and'."the fu11

authority of al-1 its decisions, "as thE keystone of the ruLe of 1av" (speech of1B 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 neverarrogate 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 theRepublic to arrange for the Governnent to give the Law Courts al-l the co-operationraa4pll +^ '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 recognizethen 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 vithChilean and foreign public opinion.

)+" Political parties and trends of opinion

The Supreme covernment has found it necessary to dissolve the traditionalpolitical parties, which it characterized as "groups bent upon seizing power forih"i" o.0., benefit,t and ttvehicles for power-seeking which are used by a snaLl group

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 thepolitical parties vil1 become vehicles of opinion whose influence will depend.

io1e1y on the moral calibre of their members and. the soundness of their theoriesand their practical airns " (ilia.).

. ff a discussion on the existence of pclitical parties or trends of opinion isto be constluctive and beneficial for our future civic coexistence, we think itfair to consider not only the evils and excesses of party strife, of which ourcomtry 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 Governnentr,rishes to remain faithful, is closely linked with the existence of partiesrcnr"psanl-.ins the naior t"ends of civic thought,

It wouJ-d be equally unfair to ignore tbe outstanding merit and great civicvirtues of so rnany poliiicians who, since the time of O'Higgins until the presentday" have been the honour and. gJ.ory of our national history' It is clea? that a

cormtry may, at some pa"ticular mornent, opt for a new political model- vhich seens

more i-n kelping lrith -its genius and. the facts of its national life' But' inaccordance rqith the constant teaching of the church, this new structure can onlyarise as the result of a free and natr.Te national consensus' legitirnately expressed'

"Admittedlyrr says pope paul VI, rthe choices proposed for a decision aremore and more complexl the considerations that must be borne in mind are nutrerousand the foreseeing of the consequences involves risk . .. However ... theseobstacles nust not slo.ra down thJ giving of wid.er participation in working outd.ecisions, making choices and putting then into practice. In order tocounterbalance increasing technocracy, mod.ern forns of democ?aey nust be tlevised.,not only making it possible for each man to be informed and to -express 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 oftheir c ountly in accordance with their regitinate beliefs. The church has theligl::t conception of genuine politicaf .iti.rity, vhi ch it describes as aoltrrcurt, but most honor:rable art" and says that ,rrt is in ful-1 accord withhunan nature that j uridicar--politicar struciures should ... afford alf theircitizens the chance to participate freely and. actively in establishing the:?l:titulional bases of a political conmunity, governing the State ... and choosing-Learlers.

The leaders of the Church constantfy and clear\r urge on all qhristians theduty to participate conscientiously in tle ranagrrn"rrl of the corununity:

"The church "egards as vorthy of praise and consideration the work of thosewho, as a service to others, d.edicate themselves to the welfare of the state andundertake 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 oneparty and lack of tolerancett.

They are asked to devote themser-ves to the welfare of au 'vith chaxity andpolitical courage". They are urged to 'trecognize that valious legitinate thoughconflicting views can be held concerning the xeguration of tenporal affairs " aidto "respect their fello.o eitizens vhen ihey proiote such views honourably, even bygroup actionrr. The church does not identif! political activity with anbition forpower ir a governnent post or as a private titiz..r; every christia.n has an activeresponsibility of service and. sociaf charity. The church therefore requests theauthorities to "beware of hindering interrnediate bod.ies and institutions'r and notto I'deprive them of their o'n lawful and effective activity"" but rather 'rtopromote 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 christianorder in civil soci etv.

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6. Ie_t:sgl '114i!X-

Tho ,t rAmF.l-.i o exneriences vhich have shattered Lhe Chilean nation have brouglttto the forefront of the nind.s of governors and governed alike an understandabledesire 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.

There are some vho see as a threat to national unity the existence of groups

vhose politico'social beliefs are different and to some ertent antagonistic 'They are, consequently, in favour of the more or less total and open eradicationof those activities " channels of expression and groups Lthich 'see the present and

the future of the nation in a nanner different frorn that advocated by authority.

Tt iq a nnr-onri.af e to note the vier,rs of the Church coneerning the legitinatepr*"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'

"l4any different people go to make up the political comunity ' and these can

lanfu1ly incrine towards d.ivErs e vays of doing things. Nor^r, if the.politicalconnunity 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

citizenry tonard the "*o1 gooa, ntt nechanically or despoticafly, but primarily

as a moral force which depenls on freedom and the conscientious discharge of the

burdens of any office which has been undertaken .'' ( Gaudlun et spes ' l4i'

As regards marxist thought and the political parties based on-itu we referthe reader to lthat was said. in "Gospel and" Truth" in September 1975 '

The paths of peace and unity do not pass through compulsion ' Unity and' truth'including religious truth, cannoi be inposed: they are offered for personal

acceptance and belief.

7. Freedoqt of exPres sioq

We also wish to give our opinion, based on the doctTine of the Church 'concerning measures - some of loi.i "h

tt" quite recent - r'rhich substantially restrictf"eedom of inforrnat i on and opinion without prior censorship' Such measures do not

favour the formation of authlntic public opinion, rrhich is an indispensablecondition for a nationaf consensus-. The rmity of a nation rests on thepossibility that through numerous and effective channels of expression all validinterlocutors can responsibly state their opinions " assenting or dissenting' atevery aecisive stage in the lourse of national affairs ' As the Church teaches:

"i^,trere there is no nanifestation of public opinion and above all.l'rhere it isfound not real1y to exist, .$/hatever the reason given to explain-lts-s1-Lence or

absence, we should see the defect or sickness, a disease of social life "' To

stifle the voice of the citizen and reduce it to folced silence is' in the eyes

of every Christian" an attack against the natural act of nran and a violation of

the world order as established by God." (pius xrr, at the First rnternationalCongress of the Cathofic Fress, 1Z lebruary 1950.)

lle consider it our' lFoiiirptd .lrrtar +. -^jhteitizens. 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 realisticunderstanding ' even rqhen they disagreed with the views of the Governnent, which inour opinion male them deserve, not more restrictions, but r,rider opportunities ofexpressing 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 irnager'rhich other countries have of the operation of civil- rights in c?rile, but also forthe actual developnent of thought, research and culture in our country" Moreover,the church could not conscienticusly accept restrictions vhich would linit itslegitinate 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 internationalauthorities vhich charge the chilean Government with suppressing hunan rights " area huniliation and a challenge to all Chileans.

I{e have no doubt that there is an international carnpaign against ourGovernment, conducted mainly by rnarxist Govelnments and. parties.

Sone of those who accuse us are comlitting vorse outrages than those withr'rhich r,re are reproached. I".le all tend to see the mote in our neighbour ts eye ratherthan the beam in our ovn "

We note that our Governrnent is endeavouring to establish a 1ega1 order whichwifl give full-er guarantees to those nor,r under d-etention or r"rho nay be detained infuture.

I'tre also take note af the r.rords of the President of the Republic in a recentspeech, r,rhen he said that his Government lroufd "never identif! authoritarianisnvith arbitrariness or the persecution of the individualtr or ttmake use of anyprovision of the larr to stifle freedon of thought or consciencer,.

Idevertheless, l,re believe that Tespect for hunan rights wi11 not be fullyguaranteed so long as the country does not have a Constitution" o1d. or nev, that isratified by the vote of the peopl-e I so long as the laws are not enactetl bylegitimate lepresentatives of the peoplel and so long as all the organs of theState, from the highest to the lovest, are not subject to the Constitution and the1aw " Such r,ras the basis of the ideas of Portales vhich are the origin of therrr,r'c:i'c undi-y 1egal tradition and characteT of our nationtt Tecognized by thePresident of the Fepublic in the sare specch.

fn this connexion the anendments suddenly nnade to the ConstitutionaJ- Actsaheady proraulgated by the Government, apparently without prior consultation

either with the Constituent Cor,rnission or with the Council of State' have caused'

some concern, on ffhich His Excellency thought it I'desirable to conment'' '

We fu11y agree l,lith the rriev expressed by His Excellency the President of thenepublic trrai "iny further reform of the Constitutional Acts now in force" shouldrespond to "a general Iega1 need".

9. The econonic s ituation

r1.i -^l 1.- ,.^ ,..i -1^ +^r,ufutJ.-explessourconcernalthedifficu}tsituationofsomanyChileans. It is true that the Church has no competence in economic affairs I butfrom the trend of the economy derive moraf problens, and our national coexistence -which is the title and subjett of this docr.rnent - is also affected by the country t s

econonic situation.

We have heard, from the President of the Republic and the Minister forEcononic 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 inwhich they are living are becorning ahost intoleTable. \,l'e underst€nd that theeconorric reconstruction of the country cal1s for great sacrifices from everyone;nevertheless " the peasants, vorkers and settlers appear to be bearing an excessiveand disproportionate burden.

Others, on the other hand, are naking money without rorking, by speculationor usurious interest. 3ut the Bible says ttin the sweat of thy face shalt thou eatbread." and this sentence is valid today and for ever.

the Church has c onden'ined usury and excessive gain vhich deprives the weak oftheir bread, and this cond.eranation is sti11 va1id.

We must recal1 that it is contrary to the social doctrine of the church tobuild a society in which profit is the prine mover of econonic progress, competitionis the suprene 1aw of the econony and private ownership of the means of productionis an absolute right. (cs' Bishops of spain' February 1977')

Econonic development depends on decisions taken at the national level- ' and theright of participation defenied by the Catholic sociaf doctrine is also applieableto ttre econol5r.

In the econonic sphere it is easy to create a technocratic elite lrhichaspires to take all the decisions itself.

Some people even believe that econonic decisions depend solely on scientificreasons, 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 arryalternative, is to establish the ru].e of science and. the scientific 6fite over hunanresponsibilities. rt is also to assume that the decisions taken are based onlyon scientific xeasons and thet no part is played in them by reasons of dop.a orSroup interest. 3ut this is not the caser doctrinal positions a",d g"ow interestsoften play a part in tal<ing decisions, thouglt sornetines unconsciously.

In the naroe of humar ri€Its and of the right of parti cipation, the Churchasks that the various economic oDtions should be the subJect of open discussionoand that access to d.ecisions and the possibility of exerti.ng infl-uence shou-ld notbe reserved. to a single scientific scltool. or to a few nore privileged. economicgroups. Without a great nationaf d.ebate, the reasons given by the speciaListslack flr11 credibility. There is us ual}y uore wisdom in the discussion ofdifferent opinioas than in a singre opinion vhi ctr is affimed dogratlcally andlri 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-yallaying the fears teft by prerious events.

To this voice of encouragement ve wish to join our own, e:qrressing ourdesire that the clirnate of emergency in which lre have been living for: more thanthree years should be ended; that a legal order accepted by the great najority ofthe nation shoufd. be established.; and that alr chir-eans of goo&r-i 11 shour-d t,einvited to participate in a r;orthy snd responsible manner in the economic andmoraf 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, Secretaryof the Episcopal Conference of Ctrile.

ANNEX XIV

Stairenent nade by the_Presf4g4^ iI--UgIteDub-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 ont.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 IIni tv Y.|rrJ-h Fr^ni. l ,,fir'}, ic r'l<. celobrating its second arnjversal'y\ -ra urvrLa!

tonig'rt 3s a respor-sible movement of fhilP's youth, their ovn novcmerlL " vl^ose lrishhas been to identify its cor,i'litnent to the defence and historical proJecticn ofthe events of 11 september, linking ib vith the irr:erishable examole of relriotisrnrepresDnted by the sacrifice of the 7? young heroes of La Concepci6n.

l'{y ofd soldierts heart relives with deep emotion the unsurpassat}1e caurage ofLuis Cruz l{artfnez and the other 76 young Chileans, rrho together in the vastsoli 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 lersonalsacril'ice vl',icn Lheir defence may require.

As President of the Republic, I am filled vith Justifiable hope when T see honthe 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 futuregreaLness of Chi1e.

As you indicate so r{e11 in the motto lrhich you chose, they died because theydreamed of a free, united, great and sovereign fatherland. fo convert this idealinto the fullest possible reality is and will be your achi-vement. Daily to lloughthe furrow so that you can begin and continue this task is, in exchange, thedifficult mission vhich God and history have placed on ou? shoulders and \^7hich youcannot renounce.

Only a short time agc, the Chileans, during three years of heroic struggleagainst the imminent threat of communist t otal-itarianism, Tenel,Ied- that noble var-nrr. n'fh- Rp+.f.1a ^f

I,a Cnncenci6n: trcl ileans never surrender". And lrhen ve tl^eArmed tr'orces and the Forces of order" in ansffe? to the anguishec. cal-I ol'ourcitjzens, decided to act on 11 Septernber 1973, our soil vas once again sprinkledr.rr +hp hl.^,4 ^f mar-' ^f orl- mpn r'rl- o fel l fiefting for Chile's freedon.vJ v,Lv v+vvg

It r.ras thus evident that the tenper of our Tace and the fibre of our nation indefence of the dignity or sovereignty of our fatherland were not dead and couldn^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

origins and ingredients " which sometines takes the form of ener{r aggression and onother occasions comes in the errise of friendlv nressure.

fn this cor0plex stat.. of affajrs, Chilc iiiIl continue to act uith the prudenceand measure '^'hi ch have traditionally been features of its international policy evenat 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 notfor any reason permit this attitude to be confused with neakness or vacillation inthe face of those vho try to dictate from outside the road we shou-1d take, sinceour decisions spring exclusively fron the prerogatives of our intcrnal sovereignty.

For this reason, I recently decided that we should refrain from seeking aforeign loan r,ihi ch r,ras to be conditional, publicLy, on exanination by a lorei4nGovernment of the situation in Chife vith regard to hrman rights. I am sure thatjn this attitude the vhole country is r"ith me, because if ther"e is anything thatall true Chileans see very c1ear1y, it is that the dignity of our fatherland isneither 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 aretotally mistaken, and vil1 only see our internal unity grow and becon'e over greaterin +hc fanp ^f adlrapcifv An.t r h-e€. r,rh .r e1-.+...rn1.1t fr^F '.ri+hi'h t^ o l l" t}.enselvcs withuf auvcroruJ

these manifestations of internationaf excess, itirich seem to resurrect forms ofimperialisn which rqe believed had disappeared in the lrlest, r,ri11 only succeed inshowing more openly their unrestrained a-trbitions and in meriting the Just scorn oftne un1_Lean DeoD_Le.

tr\z-h Iacc ^..anJ-.^hlo FrF a+.ia-1ni.- pl. fnrpr'sn intefference tthcn the causeinvoked l'. s the alleged defence of ht l:c.an rights.

Our history and temperament have been noulded in respect for the dignity ofmankind. Only a recent bitter experience, which $as on the point of leading usinto a civil ffaa, has made us understand. that human rights cannot survive under apolitical and, lega1 r6gime which apens the way to the ideological aggression ofmarxi sm -leninism, today at the service of Soviet irnperialisn, or to ter"oristsubversion " which turns social coexistence into utter anarchy.

It is incomprehens ible that any restriction on specific rights of individualsshould be indicted as an alleged vlolation of hunan "i8hts

vhen the wesk orrchetolical attitudes to terrorism displayed by n€ny Governnents alouse no reploofreven when they can clearly be interpreted as condoning one of the most brutal formsof violation of hrman rights.

Our wider and deeper approach to this natter is possibly difficu-It tounderstand 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

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certain rights hal/e haC the support of the peopfe and youth of our country, whosee then as a hard bui necessary cororfary io lhe consolidation of our nationalfreedom and thus to opening up broad horizons of peace and progress for the presentand fut ure of Chi.Ie " Our young people have been outstanding in their visionaryunderstanding of the historical needs we must face if "" "r" to give life to a newpolitical and institubional r6gir0e.

f therefore feel it ny dutye as the Frenteexiste;rce, to say that the Government over whichautcnor{f and independence of flte youth Frontconsiderable rrrogress it has been achievinEChilc in active cornmitnent to the nation, ioresources, to the events of 1I September andthen began to emerge ,

This is ',rhy T have ehosen tonight, already identified uith the youth of ourcountry, to describe publicly the basic steps which rae have outlined for nationalpro€ress along the institutional path. Nothing can be more appropriate than to doso at a youth function, since it lritl be you, the youth of Chile, who will beresponsible for giving continuity to the task in vhich we are engaged and who willmost directly benefit from the effort vhich the whole country has put into it fronthe beginning.

llith the elready eviclent success of the econornic p1an, the progress in sociafmeasures and the order and tranquillity which today ensure our compatriots apeaceful 1ife, public attention has nov concentrated more on the future of oqr 1ega1institutions. The hearth concern of the young and other sections of the nation tohave 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 thatthe events of 11 Septernber rneant not only the overtltrow of an illegitinategovernment nhich hacl failed, but also the end of a decrepit political andinstitutional 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 ourtruest and best national traditions.

ItrEI.I DU{OCNACY

This indicates our duty to r,/alk i.n the path of 1egaI order, a},rays keepingflexibility of social developnent in tune wittr ttre certainty that cones fronobjective and impersonal 1ar,rs which are binding on both rulers and ruled. Tn thisview of things, we can elearly see how we must shape a ner democracy which wilr beauthoritarian, securee unifying and instrumental in technological progress andgenuine social participation; these characteristics are better understood. by thosewho rid themselves of egotism" ambition and selfishness.

Juvenil conpletes two years ofT oreside fr1 lw rPsnF^l-.s the

as a novement €nd duly appreciates thein its nission of rmiting the youth ofits hurnan, geographical and economicto the new institutional svstem rhich

To be authoritarian, it raust possess strong and vigcrous authority and. impose

-to_L-

a legal order which safeguards the rights of individuals through adequateprotection by independ.ent courts of 1av having pol4er to enforce their decisions.

To be secure, it nust uphold the basic content of our Declaration ofPrinciples as being the fund.amental doctrine of the State of Chile and re!1ace theclassic l-iberal- State, with its ingenuous defencelessness , by a new State corrnittedto 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 graduallybeen spelt out in the constitutional Instrunents nor in force, is stigmatized bythe latter as an unl-awful act p"eiudicial to the institutionaf order of theRepublic.

Fleed.om and. democracy cannot survive if they do not defend themselves againstthose vho attenpt to destroy then,

To be unifling, this democracy must strengthen the National Objective and thepermanent ObJectives of the Nation, so that, over and above legitlmate C.ivergencieson more ciTcustantial aspects, successive Government r.ril1 in the future have thenecessary continuity they lacked in the past. This should cause the flovering ofa ?owerful element of unity in the great chilean fanily, in rrhich for so lonq therehave 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 itsIegal structures for the formidable pace of scientific and technological advanCe

in the contemporary worldu which means that it must enbody the voices of thoser,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 ofideological- debate to its Just proportions, profit fron the contribution of themost abl-e, and. give the systen stability.

To ensur'e genuine social participation, our democracy nust renember thatsociety is only truly free when, on the basis of the principle of subsidiaryexistences, it upbolds and. respects real autonorry in the groups midvay between theindividual and. the State, in order to pwsue its ovn specific ends' This principleis 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 thecoltmon 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 thesocial 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

qui ckly ge;erate the chaos we lived through undet the marxist Government ' or even

worse.

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THE STAGES TIIVOLVED

The step-by-step process is composed of three stages: Tecoverys transitionand norrnality or consolidation. These stages are distinguished by the differentroles 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 Iegalinstitutions raThi ch must be established or employed in each stage.

In the recovery stage, political power has had to be taken over entirely bythe A"ned Forces and the Forces of Order, rrith civilian collaboration, but lateron 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 power1t-111 be exercised- diTectly and fundamentally by the citizens, and the Armed Forcesand tne Forces of Order will retain under the constitution the role of helpingto safeguard the fundamentals of our institutional system and maintaining nationalsecurity in its wide-ranging and decisive nod_ern forms "

:oday ve are in the nidst of the recovery sta6e, but f thinh that the progresslte 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 enactfurther Constitutional InstTrflents for the various matters of a constitutionalnature r,rhich they still do not cower, as vel1 as some vitally important legislationcn security, labour, social rrrelfare, education and ather subjects which will beprepared at the same time. The 1925 Constitution will thus be finally abolishedlin substance it is already dead, but legally speaking some smal1 portions of itremain ln force, and this is not advisable "

Sinultaneously, the Constitutional Instruments already pronulgated will haveto 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 theConstitutional 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 thetransitional stage should be no later than that and should coincide .with the fullvalidlty of all the 1ega1 institutions for which the Instruments provide.

Pre-eminent ar.ong the instruments referred. to is the one vhich will governthe exe"cise and evolution of the Constituent, Legislative and Executive Por^rers.ln tl is tesnFcl- in ay'dFr tn aqsist 1-ha Prancr-etdrrr r'nrai."irn f^r +ha Nertuus rr svqrauvL

Constitution" I as President vi11 in the neax future issue some basic guidelinesvhich r.rill enable the Commission to prepare the first draft, vhich will then beconsidered by the Council of State before a final decision is made by theGovernment Junta.

Ihe n'ai. r'rido'l ines fnr 1.ha cwclan ul-i.h ic r- ^FAF6+a i- r!- r?ohcitionalstage are as folfous:

-l"o J-

- the Constituent Power ehoul-d continue to be exercised by the covernmentJunt a but nornally after consultation vith the Council of State.

- The Executive Porzer shoulcl continue to be exercised by the President ofthe Goverr:ment Junta, as Presitlent of the lepublic, under the powers alreadyinvested in hin.

- The Legislative Power, accord.ing to national tradition, should reside intwo co-legislators: the Presid.ent of the nepublic and a L,egislative Chamber orChamber of Representatives, as it might be termed, notwithstandi.ng the fegislativepowers 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 totable legislation through the Office of the President of the Republic and a]-so thefaculty to request that the text of any law be reviewed by the Governnent Juntabefore it is enacted.. In the Latter ease, it shall not be enacted if the opinionprevails 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 GovernmentJunta applies it, at the request of any member of the Junta, and is thus tlifferentfron the ordinary veto of the Presid.ent of the Republic vis-d-vis the LegislativeChamber ,

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 shouldbe persons of distinction in the life of the nation, who will be nembers in theirown right or by presid.ential appointment, and the rernaining bro-thirds shoul-d berepresentatives of Regions or groups of Regions in proportion to the m:mber oftheir inhabi.tants.

trdith regard. to ord.inary legislation" procedures nust be introduced forinitiating it ancl for the presidential veto and other natters, procedures of akind which avoid.s the d.enogogic excesses which latterJ-y characterized. our formerParliament.

Special importance should be given to the Legislative Clrarnb er havingTechnical Comrissions in vhich those most highly qualified in various respects inscience, technolory, business and the professions take part on a regular trasis with+r^^ -.i -L+auq r 464 u

The establishnent of this Legislative Ctranber should take pface in 1980 andits 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 directpopular vote, according to el-ectoral systems which will favour the sel-ection ofthe nost capable and avoid the political parties again beconring the monopolisti.cnachinery of civilian particip.ti on.

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Once the LegislaLive Cl amber has been constituted in this period, i.e' withtr,ro-thirds of its members el-ected by the people, it will be for the Chanber itselfto appcint the citizen who r+i11 then take on the office of President of thei(epuD lfc lor a perlod (]1 s_Lx years.

il.'*,,r+^-^^,.^1-- ^-r.y, -'-* this implies an advance from the stage of transition tothat of consolidation, the ner,r Political Constitution of the State, a single andcomprehensive text based on the experience derived from the application of theConstitutional Instrunents, must be ad-opted and prornulgated. The transitionalstage vill Lhus serve to brinc to fruition the preparations for the final draft ofthe nev lundamental Charter,

In outlining this general plan to the country, the Government believes it isfrrlfilling its mission to clarify the basic lines on vhich it rrould uish to developour institutions in the near future, during which tine it 5Ii11 also be necessary tointensify the preparation and enactnent of legislation for the new forms of socialparticination, 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 realitydepends on the country continuing to shov the encouraging signs vhich have affowedus to go forr'rard up ti1I noh7.

fndispensable to bhis is the patriotic participation of all citizens, and mostespecially the generous idealism of youth, which nust illuninate with its qlsticfaith the road to the future "

T realize that many obsLacles, ambibions and personal interests rti1I apoearin an attempt bo halt our march in a thcusand different vays and turn us back, towhere only the shadows of slavery avait us. But I am certain that the lightshining at the end of or.r.r road lri11 become ever stronger and brighter, and abovea]' I lave {.o'rnlFtc fFil-h i- 4^.r r'- +1.- --^nra Of Chil-e and in our Arned Forcesand lorces of Order which today patriotically guide its destinies.

Dear you,ng people, the future of Chile is in you, whose greatness we areforging "

-IO)-

ANNEX XV

French/

B Aueust 1977

Testinony for the Ad Hoc lJorking Oroup

United Nations Conmissionon Hurtran RightsGeneva

I'ron 25 to 30 July 197?, ve stayed at Santiago de Chi]-e, and we now give theWorking Group our testimony concerning the nost important tlata co11ected.. In thefirst 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 withthe Presid.ent of the Suprene Coult: (Annex 1). The 'whoLe problem of nissingpersons was discussed iluring this meeting. An exami.nation of the explanationsgiven by the Goverrment sho'ws how unconvincing the official versions are. Thevoluntary deserti.cn of their hones by certa-in head.s of families is tlenied by themembe]:s of those fami.l-ies. Their clanalestine departure for Argentina has not beenproved. The Argentinian police seen to have given some genb.l-ance of support forentry into their territory in only three cases in 1977,

It is nore 1ike1y that nost of ttre uissing persons have been executed.. Insome cases, they are thought to be no Longer I'physicallytt presentabfe because ofthe tortures they have und.ergone.

The use of torture is not ileniett by the authorities. President Eyzaguirrestates that there have been Lr6 convictions on charges of torture. But none of thel-al,Iyers consulted. know anfthing about these casesl

The problen of missing persons vas brought to the fore by the hunger strikeat CELAM.

This hunger strikq lras a turning point:

A nelr avareness of the position by the relatives of missing persons, who, bythe strike they carried out vith extr@e courage and resolve' have, in their ovnwords, overcone fear;

Avocat d la Cour drAppel de Paris

-_LOO-

A rewplqr.i.)r t.^ r.er+ ^. .h^ n.rh|:^ .rrr.. -r.. "-l Stil- beliCVcd Lho .joverrrentISexplana-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,lreGoverrulent shocked public opinion. ff the Juntars claim about rlr..oluntarydepartures " r'as logical, they should assist the women who had been abandoned, notpersecute therl:

Violation of aqreernents by the Covernment_:

(1) The Government is not carrying out any honest and e-fpcrive inq.r.-lrieseither in its administrative deFartnents or outside them, but only vis j.ts tc theh^mac .f ih6 h,lh'o! c+-il-,_ ,Kers l

(2) The Governmcnt is carrying ouh reprjscfs againsL chc st'rikers: nightsearches, various trinds of intirnidation and threats, frelLuent attenpts to obiainsignatures to records of hearings, vith part of the text left blank beforesignature.

The strikers inplore the Unit,ed Nations to send an invesLigator before bheexpiTy of three nonLhs; failing Lhis, sone even ncre si6nificanL acL of solidaritynust 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 Velosocases' may a]-so fead to solxe ehange in the judgements of the Supreme Court. Ontwo occasions, the intervention of a Minister Jud.ge defegated by the Court hasbrou€ht some progress in an investigation. If the Court so wlshes, the Velosocase - or "the Chilean l.latergate'r, as it is called in Santiago - could provideevidence of the nachinations of the DINA. If the state of siege declared on11 Septenber vere raised., the Supreme Courl 1"rould recovcr jts fu-LI authority andcould no longer cl-aim to be powerless, The Junta '"'i11 not alvays be able torel\se the United Nations a confrontation betveen the Governuent and the secretPo1i.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 Silvoand President Frei, as vell as a fetr people vho had better rernain anonlarous forreasons of security, At the intexviews we had, we referred to the fate of thoselrho had been secretl-y arrested and detained - lgs nocanrrenidnc F.. rpom denylngthisproblemorconside"ii*-ii"..inj'*".i"in"ffi'we.spoke.withconf-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 theVicariate, was quite reasonab.Ie; he al-so acknowledged that it vas a serious anddisturbing FTob].em.

The fanilies Ir'hieh ia.r"ro o 'rao"o----^;a^'r 3,re in a particularly tr€€icsituation: to the shock .i-Ln. .rrffifm# retative who is now being deta,inedin sone secret place, is added mental anguish, Liv-ing expenses which have oftenbecome nloTe difficult to nFA+ .nd +ha h^a+irj+rr of the authorities. Afterexplor.ins every a.venue op;n-;; il;r";;o;;";;ii.1n r"' Lo ascertain the fate oftheir rela-i,ives, these fanil-ies receive from the governmeotal. authorities repfieswhich are inadmissible from the point of vielr both of reason and of the nostelementary hruranity: no evidence of detention, gone abroad voluntari\r orrecentfy ... all of vhich allegations are contradicted and denied by the testimonyof many witness--s, particularly detainees who have been released.. The officialreplies which deny the existence of secret detention are hardly eonvincingo evento those !'ho gave them to us, For example, the ?resident of the Suprene Courtconfined himseff io telling us that he was stating the position of the Presidentof the nepublic, not his own personal opinion. He maintains that the Courtscannot 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 becomeof their relatives .

The hunger strike carried out from 1l+ to 2l+ Jr.:ne 1977 by 26 peopl-e who havea "d.eleparecido" in their fa:nily, has shor*n nationa-I and international publicopinion the importance of the problem raised by these secret detentions.

The risks of al-1 kinds taken by strikers in Chile today show the seriousnessof the situation they wished to bring to the attention of the public and the neritof their c-Lains against the Chilean Goverrunent.

On our depa,rture, ve vere told that in the cases ofMr, 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 sti1linpossible to ascertain the place of d.etention.

Secret arrests and detentions are sti11 the conmon practice of the securityservices. 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 ofform does not in any way signify an end to repression, i,rhich stiu contiDues andis takind on more sLbtle and equal-Ly redoubtabte aspects, such as secret detentionfor several, days, torture (-chis is not denied), afl kinds of pressure to obtainsilence or collaboration, threats, blackmaiL, shador,ring, placing under observation,physical at+-acks ... Thjs repression is being carried on against the vorkingpoputationr trade unlons, the services of the Vicariate and Defence. It ischaracteristic 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', ^r r1a6 ^a^-la .rLn ha1.F haar ArFAsl-.F4. heaten of threatened and thenrelFAqed. e-A Afrai^ In f:ll. 1T +.. cno^o(' d^fFn.e counsel.

This conduct of the security services was confirmed in the notorious Velosocase, 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 andMr, de la Fuente. They were accused of having taken part in the kidnapping antiunlawful detention of the young Carlos V€loso, and. of acts of violence against hisperson. They vere arrested. by security agents, the forner at his hone and thelattex whil-e going to work, and taken blindfol<Ied to a secret pface of detention'There they vere "interrogatecl" for four alays antt undement the 'worst possibletreatnent: threats to rdenbers of their families, including Mr' Figueroa's daughter 'blows, hanging, electrical tortures. At the tiroe they were entirely unaware of the?easons for their arrest. They did not knov young Veloso. It was on.Ly from themouths of their torturers that they learned of the acts they l'ere supposecl to have

connitted, and it vas in this rsy that after four days of torture tbey signed their"confessions". For his p€rt, young Veloso was conpelled by violence by the same

security agents to id.pntify l4r. trigueroa and Mr. de l-a Fuelte as two of his alIegedattackers. The Working Group knows what happeneal in this case and how youngVeloso's retraetion before a nagistrate redueed the charges brought against thesetwo nen to nothing anal revealed the plot against then, the pur'pose of vh:ich was'fir(t, to roake the public believe that arbitralJr Brrests and. secret d.etentionswere not the work of the security services, but of politicaL enenies of ttre r6gine 'aJId second-ly, to discreilit the activities of the Vicariate. The proeecutionsinitiated by the nil'itary coults against Mr' Figueroa a"ntl Mr' de la Fuente forr:nlawful detention vere therefore aliscontinued, antl they vere declareal innocent.They are still- in d.anger' hovevel ' their hones are vatched and they are' in fact'living the lives of hunteal nen.

'l{e wished. to notify the }lorking Group of tbese facts before sencling it areport ' as 'we thought it necessary to inform it of the present situation withregard. to violations of hr.man rights, rrlricb are continuing in Chile. These are notnerely mistakes due to the conduct of inilividuafs, but the result of a concertedpolicy which is employing every DoeaDs of intinidation against the living forces ofthe country. International protection is still needed and the appeal of the26 vomen hunger strikers that a comission of inquiry be sent to Chile shoul-d. behearal,

l**

A carefr:l- examination of proceed.ings and prosecutions makes it possible toestablish that there are Ear\y vioLations, even of the texts issued by the Juntaunder 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 personsare liable to disciplinary proceeclings.

The courage shovn by the hunger strikers constitutes a fervent appeal tointernational 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 NationsCoumis sion on Human Rights.

8 August 197?

Loui s PgIIITIBernartl ANDREU

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Ai{NEX XVI

Statenent made by Carlos Arnald.o Veloso Reidenbacha.nd Caxl-os Egctor Veloso Figueroa

ltr

t/e, CAELOS AR.,iALDO VELOSO REID|L,IBACI| , stLrdent, domiciLed in Santia;o at6tz 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. thelegiLirDate 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 theCardijn 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 thatstreet), at a distance of about 30 or )+0 metres fron the Foun(lation, in-rac "n Tlq^al.r S+ppF+. nFel^ +.hF r'^1.na1' ^f lrierf|pon< (+ r.eol- T eav " hlaek Chevroletparked almost in the rd cld-le of the street; on crossing and passing in fxont ofthat vehicle I rras sud.d"enly overpowered by two persons dressed in civitian cl-otheswho, wjthout saying a word, placecl me on the back seat" stretched me out face d ol{non the floor, havin5 a,fread-y blindfolded me; three persons then sat down in theback seat and. placed. their feet on ne, preventing any Lroveltent i before beinJblindfolded, f was able to notice that three other persons vere sittj.ng in thefront seat; the car ii,rmediately set off arld after some ti-re, vhich T esLri.ate atabout half a.n horlr , it stopped ancl , still blinclfol-cied, I r"ras made to get ou'L andvas taken into a house" which appeared to be ofc-l, since I went up two steps beforegoing through the door. I vas then 1ed dovn a long corridor to a r.oi,r that vas intotal darkness, krhere the bfindfold vas removed; one of the persons vho had talienrrre 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 thatthe light prevented me from distinguishing the features of rty captors. Inrnediat el-yafter that, one of then" vho for reasons vhich I will nake clear fater seelrred *"o becall-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 theactivities of rny father and. especially about what he had done before 1 Iriay, andthe sort of worh that he did; it was a J-ong interrogation o.uring r'rhich nry handswere 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 anindeterninate period. of tine. !trhat I clo remember is that after th.e injecti.on I haclthe feel-ing of losinA consciousness" although I could hear the quescions vrich uneyasked me. I stiU reuember sorrc of them: vhat did I know about the explosion ofsone bombse why had rny father not gone ta the Cathedral on I l.{ay ' whether my fatherused to arrive home late after leaving vork, whether he came viith strangers andwhether he was an inforaer for the military; for a moment when they suspended theinterrogation, somebody placed his haJrd on mind and said: t'Listeno Cartitosl I

/0rigina1

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 sbotin 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 ofthem 1it the lamp which vas on ttre floor and. made me vaLk al-ong the shaft of lighttowards 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 couldhappen 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 theinterrogaiicn, which vas punctuated. by blows to various parts of ny body; atvarious 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 felta burning ".tr".iio.t and a shaJp pain extending to ny iaws together wjth a violenttrenblina; they aJ-so took off my shoes and I felt a kind. of burning in the toenailsof 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 getdressed, but I did not have enouch strength to put on nqy socks and shoes, so one ofthe den put them on for mei once dressed., I r^ras again tied to the chair and itseeus that I feII asleep; I dontt know how much time passed but I remember healingrraiaeq ard nnF ...,f thc ncrsons saidr "This kid is not going to talk, ver1l have tofind the vife of that Sergio l,Ie1l-a.tr Then I r,ras untied" blinclfolded s€ain and 1edto a vehicle which nay or may not have been the sane as the one in vhich I had beenbrought. 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 Ido 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 itin 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, forsome time - I cannot say for how long - and, on regaining consciousness, Irealized that I r,ras in San Joaquin Street at the corner of General- VelasquezStreet" 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 therry.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-dhin 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 theevents that I have describe<1 lastea, from the time when I was placecl in the car inErasldo Escala Street" at about 5.30 p.m., to the time when I ltas thrown out of thecar on Sa.n Joaquin Street where it joins General Vcl6squez. I have Lrade a shorterstatement about these same event s in the application for a writ of civil rightsprotection (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 statenentshoul<l be regarded. as a supplement to those tvo; in addition, those legal- actionsare suppfementary to this state ent as regards everything not contained in it'

t...

This statement continues vith the testimony" also uncler oath. ofi.Ir. Carlos Veloso Figueroa:

0n saturday 30 April r rfloved vrith ny wife an<1 children to the hol]le of nymother-in-1aw, i{rs. Zulema Ibfirez, at No. 15B9 Toro i4azotto Street in ?oblaci6nilogales, in order to keep her company. She vas living alone because myfather-in-1aw, 1,.{r. Silvestre Valdivia, had been in hospital for a long ti e" lleintend.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+ atthe same address as n5rself, telling ne that two people who said they came fror! theArchdiocese had been asking for me, but had given no proof of their status asofficiais or employees of that institution. As I an a paid ernployee of thecardijn Foundation and had also helped to type a trade rmion doc,ment, slgr.red bynumetous trade union leaders, vhich had. been sent to the lresi.dent of the Republicon l- ivlay r I vas afraid that the people looking for r,re rrere not reaJ-].y from theArchdiccese as they maintainerl but were looking for me in connexion with r;ryinvolvement with that docurrrent. For that reason, as a matter of precaution Itel-epironed ny frlend Luis l':lardones Geza, who al-so works at the c;dijn Foundationand told. hin that r was going to sencl rouad my eldest son carros ArnaLdo r,rith anessage fo" him' r d.id not tell him r^.hy. At abaut )+ :30 p.m, r gave roy son ,'roneyfor his fare and sent hin to tefl ivlardones about the two people who had been ashingfor me" claiming to be fron the Axchdiocese, so that he coufd find out the truthabout them. r also tofd roy son to give l4ardones the address of my mother.-in-1aw r shouse where f was living, and to say that if he had any infornation to give r.re heshould come to see ne there. At about B p,n. I began to get vorried because $y sonhad 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 rnrewent to the hone of a couple who are friends of ours and who live near mymother-in-lavr s housee r,.he re we were living, in the hope that he had gone there.'iJhen 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 stationsand first-aid starions. Uhile ve were vaiting, at approxir.:atefy ff.30 p.nr, :L youngman of more or fess the same age as rrty son Carlos arrived, almost carrying hirn; hehacl one of carlosr hands on his shoulder and was holding hiin by the waist" lheyoung man told me that he had found rny son lying in Generar vel6squez street anctthought that he had been attacked because he ffas badly injured. In our concern toatt end to our son, we paid no attention to the young man who had brought hir,r, noteven to thank hirrr" I took my son, vho was completely unconscious, to the ]rointthat 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 trouserswere 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 givenhin first aicl and cleaned his face, my son had become nore conscious, although hestill- showed si6ns of hysteria orr rnore accurately, terror. IIe saicl he wanteL Lospeak to me alone, so we went into the kitchen and vhen the tvo of us vere alonehe told me what had happened, The story which he Lold me thaL night corre;ponds inevery essential point to the preceding statement,

Fearing from my son's story that the peoPle vho trad bes'ten hin thus befongedto some int-Uigence service, I did not Lrart to ta'ke hin to a first-aid station and

nraforro-: :'r e^^.. nF-n rF^: -LlF ^aFr'cl^ nri csl-. of Hol-y Cross Church in "[o6a1es,P.tsf Etf Lr 'rL-! 41vri vrrv Pe4 4Jrl

f'ather Santiago flarshatl' r,'ho caine i:inediatefy to see my son' It was more or lessl- a.m" and my son Carfos to1c1 Father Santiago vhat had hap?ened to hi " insubstantratly the satle vay as he had to]-d ne. After that' Fatber Santiago advisedme to send fo], a n1lTse wh-o rqas involved in parish activities and lived nealby, thenurse 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

soon afterrrards to give hin tvo tablets' The following day, around nid'day 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

nedicine to reduce the inflamnation. On l,.tredne sday l+ t',tay " I went with ny wife ancl

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

a.trir ^r njwi ri tl. "--r't,ecrion (arnparo) for Ey son and taid sn infornationconcerniLr5 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 thecouxt proceedings endecl at about 6 p.n. At ]-1 p.m. the sa'!0e day, two nen 1n

civilian clothes cane tc r0Jr nother-in-1aw's house, where we were staying' sayrngthat 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 thisto your son." ile sat dorvn at the table a.l1d they asked' ny son to tell theneverythiryl that had happened; they had a tape recorder 6JId recorded' everything thatwas

"sai,1"- 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 applicationfoi 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 injuriesand 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 oftheir Service and that they would r]ake extensive investigati.ons until they foundthe cufprits, They asl'eci us to co-operate by provid.ing any background informationwhicn vlu-Lo help their investigationl they left after two hours ' at approximately1.30 a.n. on Thursday 5 ljay. At about 1p.m. on the same day, ve took.rdy son tothe Instituto ll6cLico Legal viih the crcler issued. by the Judge; on leaving thelnstituto ll6djco Legal , :,ry Vife returned Lo my xnolher-in-Iav ' s house vith ny son

carlos and f 1,rent to the 'cardijn

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 repliedthat 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 hiscar; 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

-; ^r-,+ r-'6a'd ^-j++o^. +his second interviev Ltas also recordedr and when it was overltr6Iru !4v s

the official"s asked o'e and nxy son to try to retrace the route followed by theki_dnappers on the lviond.ay. iie clicl this anct, fol-lo.wing ny sonrs instructions ofol-Lowed a route vhich took us nore or r-ess to the corner of l,Iapocho and tsras 3vhich the officiafs said did not show any trace of vhat had happeneo. After thatthey drove us back hone.

0n !'riday, at approxinately 10 p.nx., the same two officiars vho had come o1.rthe previous occasions arrived once again at the hone of my rrlother- in-law, askedme to accompany then and took ne avay in a car to the corner of Avenida -Bust amllnteand curic6. Another car arrived and an officiat identified as chief by the agentsrarho had taken me avay got out, entered the car in which I vas sitting and tol-d. methat they needed a more extensive statement froro me and asked vhether r had anyobiections to accompanying them. f replied in the negative. They then tofd nrethat they had to bl-indford me for security reasons; T was driven to an unknovnprace where r was questioned basicarr-y concerning my activities as a trade unionleader and rny political background I they asked me, in particular, lrhether Isuspected that i{arxist elenents night have been responiibr-e for the kid.napping ofmy 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 takeaction 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 M6xicoapartment 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 toplovide protection for me and surveillance around. n'y home, ancl that protectionwoufd 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.alsidentified themsel-ves for. the first time as merabers of the i{at1ona1 IntelfltrenceDirectorate (DINA).

On ttre following day, that is, in the afternoon of Saturday, T i,iay, wetravell-ed. to q1 Vil1a M6xico apartnent, arriving at about 6 p.r.- At approximatelyd p.n., the sa.ne officiats who had conducted the previous inierviews cine to rneonce again and. informed. me that they had a number of J-ea.ds and needed to ask nier0ore questions and show photographs to me for id.enti fi cat ion. The./ asked [,]e toaccompaly them and once again they brought ne blindfolded to a plate which Irecognized 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 tolqf acti.vities as a trade irnicn l_ead.er and my pofiticr_l activities; afterapproximatefy one and. a half hours of questioning they told me that, it wasnecessary to question my sone Carlos, in ordey to have him clarify a number ofdetai.ls fron his previ.ous statements and. identify a number of photographs. I gaveny consent and telephoned my wife to teIl her to l-et the boy leave since anofficial wourd be coming to collect him. However, they did not return vith the boyto the pl-ace vhere r was. The questioning continued for approximately trro morehor.:r s and they told ne that they wanted to provide ne with protection a.nd, thatnone of my children shou.l"d. teave the house; they asked r:re ii f woul_d fet twoofficials accompany me on uS. return home. I tol-d. then that it would not be easy tokecp :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 carnith 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 statenentof Carlos Arnaldo Veloso Reidenbach resumes.

On Satu.Iday, 7 llay" at approxiroately 10 p.n., after my father had caIled nv

mother to te.ll her that an official was ccming to collect me and that she should

aflov me to 1eave, the official arrived and identified hinself as ttomar''; he had a

hanclvritten message frorn qy father givi.ng his consent' The officlal asked ne toaccompany 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.,lrj^r. rr-- .r..jnd

^h .rhF back seat and took a notebook fron it. Ile tore off pa:t offJru6 uI vrrv !

a sheet from the notebook and gave it to ne vith a lead pencil; at the sa:ide tlme

h€ drel,r a pistol and ord.ered ne to r^,rite in my or^zr hand rrI must speak vith on: ofyou alone r,rithout my fatherrs knowledge ". fitren the note vas written' and a1: thewhile 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

pencil and began to read to me from thelir. ft r"as a statement in vhich I asserled

that I haci accompanied my parents to the Cardiin Foundation that week' that wl'I(n

both of then went to buy cigarettes I was alone in a room acliolning another roctoccupierl by Luls l,{ardones and Hern6n l4ery, that I approachetl the door betr'reen t,'e

t1.ro offices and was able to hear l{aldones ask l,{ery lthether he knev that it had b:en

they who had !1anted. the bombs on the days preceding t l'{ay and i'4ery repry that ne

^jd kh.r,r qinl.e h,- had spoken r^rith Sergio l{ella 1fho had to}d him everybhing' The

:turned' lre vem with Hern5n llery tostateruent went on to say that 'when my parents returned lre ven!. *t"t-t::' , ,

La Alanieda and. entered a soda fountain to have some refreshnents and that there i-

neard my father speaking in a uhisper with ilery saying that it vas no-good tocontinue any involveneni .;itn thos; "nad borabers", since to c1o so- would createproblems for his fanily; tbe statement then had me asEert that I had heard thatl.{anuel Bustos and FeTnando Frias also belonged to the gang of "mad bombers'r'

Despfte alf the pressure he brought to bear on me, I refused to sign the prepared

statements u since the facts set out in it were fa].se' Faced \'rj-th my refusaJ- " he

-^h+.inrrad r,roqcrrr.ino me and. tol-d me that I had to sign it since by doing so I r'rorrld'

help roy father, vho was co-operating with ther,r, and that if 1 did not sl"gn ny

father voufd not retlurn home that night and sonething night happen to hin' as he

was at that moment with them. Despite this persistent pressure 1 flatly refused tosign 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;;;;;";.;;"..-i*t.t. , correction, it was around 2'30 a'o'' ' and r saw hiu with a

television set' I imediately thought of the assertj'on rlade by the official who

deBanded that I sign tne staiernent, to tt" effect that my father was co-operatinSwith DII{A; accordingly, I did not want to teIl hin anything about what had justhappened to me. I then slept until 10 a.m. on Sunday, B i'{ay, when once again the

-'::-ll.re officiafs care looking for my fathel, and me. This time they took usbl-indforded to a place vhich r could not identify, vhere they separated me from rryfather and took me by nyself to an office on the second- froor. There they removedthe bfindfold and again showecl me the sane staternent which r had refused to signthe night before; this tine they tried to convince me that it vas r wha had saideverything that vas recorded in that statenent; when r refused, they resumed theirpressure vith threats against my father and my vhole family, as vell as severalblows in my face, nore with the intention of frightening rL -tn".,

hurting me. Afterapproximately I+0 rninutes to one hour, they brought o'y lather into the office andaccused ne in his presence of naking cont'adictory statements, of having first nadea st atement about a terrorist band- whose members I kner^r, which lras a very sensitivenatter, ancl of having subsequently clenled. those statements. l.{y father, apparentlybelieving the officials" scol-ded ne sharply in their presence and this gt:e atj-yd'eiuoralized' me; then my father reproached rire for having made those accusationsagai nst persons a1l of whon he knew and who ffere his friends. Afternards they tookme to a bathroorr ad.joining the room in which ve had met uS, father, whiJ-e qg fatherremained in the office; in the bathroon, there was an individuaJ_ fointing asubnachine gun at my father in the office through a pane of glass vhich, on theoffice side, was a rnirror or picture so that one could see from the bathroom intothe 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 mea large nrxnber of photographs vhich he was carrying in an envelope Ld asked me toidentify 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 explainthat r sinply recognizecl then as neighbours vhom r had seen at viua 1,.{6xi co I andnot as participants in any particul-ar activity, since at no tirce was it expiainedto rle vhat the purpose of this identification was. l,lhen he had finished showingI!,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 .ndasked what the purpose of identifying the photographs was. He replied that I wasintel-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 kidnappingbecause be was the one who vas in the next room with ny father, the one whora r sawthrough the pane of gl-ass and recognized as one cf the individuals who had takenpart in ny kid-napping and interrogation the previous Monrlay. when r said that, hepunched- ne so hard. that r lras thrown to the floor from the bench on wtri.ch I hadbeen 6itting. He then tofd. me that we had to agree on the version to be given tomy father; that since we had not jdentified the driver I should say that I had notseen him, but that it vas Figueroa, de 1a lhente and Zuleta who had kidnapped me onI'londay ' vho had put ne in a green Volksvagen minibus outside the Cardijn tr'ounrlati onand had taken me to the place where they had interrogated and tortured me, but thatpreviousl-y, before leaving in th-- minibus, they had seated me between d.e fa tr\renteand Figueroa, that de la lfuente had threatened. rne vith a revolver in my back andhad. forced me to turn tovard.s Figueroa, who had interrogatecl rle about my fatherrsactivities 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 cigarecceon my hands and arns; then they blind.folded me and took me to a clearing; from theli8hts 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-:o report the kldnapprng, but that I should say that the vehicle in which I ]rdteen kidnapped was a bl,ack Chevrolet; that was the version of the facts vhfg' the

cfflcial who showed me the photographs told me I would have to repeat befor roy

jather, saying tilat if r dii not do so' ray whole fanily rould die' Fxightrred by+hese threats, especially since I sav an inaividual pointing a subuachine un at

ny father in ttre next roon, I agreed- to repeat the story as instructed' wl:reupon

trey brought rde back to the room vhere my fatber was tt'd, io his presence one oftee 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 thatj:ateaent; I was convinced that his kidnapping and torture were the 1,ork ofi'larxists, and, when the officials asked ue to provide a staterent in addition to-.bat of ny son, of my own free wi1]- I signed a statement whj'ch I myseli drafted and

typed and in which I denounced and condemned what had taken p]-ace' explaining why

I tlought those responsrble had acted as they had and offering ny co-operation inpullicly denounctng vhat had happened, both at home and abroad' The events ofi*ra"y,- B i'iay, as previously clescribed by xxy son' took practical-ly the. vhole clay 'br:t they ltere not continuoui and there were long intervals during vhlch ay son arrd

I were feft afone, except for the presence of an official who listened to our

conversations and prevented my son from saying anything vhich dr-d. lot correspond tothe confession vhich he had been forced to r,]ake; i estimate that the si8ning of the

docunent referred to by my son in the previous st at euent took place atapproximately 10 p.rn., ani at about 12 the official vho appeared' to-be^in charge

ana wlo r+as talled Don Fernando to].d us that it would not be possible for us t'ora+',r1^n hor(rF that nioht arid that we wou-ld be taken to a more comfortable pl-ace' My

"..-."o"i ""t"-ifJ"ii.ra.O once again and Laken by car to snother place vhich ve

cannot ldentify; after we were taken in, our blindfolds \{ere removed and we were

rnar lrrr rr ^rfi'ial T'rh' offered us coffee and sandwiches and told us to 1ie d'or^rn and'

il;""'" ;r;;';i"Ii ,"-r".r be exhausted after the tiring day ve had had; shor.'fvaftevwards " the s ame official to1d. us that a doctor would have to exanine my son

since he was extremeIy overwrought; this e:rami-nation lasted more than an hour and 'when I expressed concern, the official reassured me by saying that the boy had

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 clinicwhere I was attended by a man of about 50 years of age' who appeared to be a d'octor

and \.Iore a white govn, and by a young girl who was dressed normally; they nade me

fie on a couch and tried to hypnotize me; t pretended that the hypnosis had. 'wo]'ked,

the session vas very 1ong" and there is no need to go into details about it hereexeept 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 thecigarette just above ny face' but I nne.nage d to renain sti11; I then salt that theywere 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 tobelieve that I rea11y was in a state of hlpnosis, and they made me repeat theentire story of ny kidnapping as I had been t aught it and as I had repeated it inthe 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 infront of my face, and. tben I pretended. to wake up after a long sl-eep' teLfing thel0that I thought I had faUen asleep. After that, they made me get up and escortedme 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 toquestion me after both of us ha<l signed statements in which we had- describedeverything that had happened; my father askecl for a telephone in order to cafl i'ry

mother and., when she replied" he told her in my prese^]ce that we were in the hands

of DINA and that, if we did not return the following norning, she shoutd do allthat had to be done; at tbat moment ' the woman official who vas present cut him offand snatchecl the telephone frot'r him, telling hin that he was endangering the safetyof all the officials present and that she would have to inform headquarters, she

Left the room and a few rnoment s fater" an armed officlal came in and sat beside my

father.

Tbe statement of Carlos Veloso Figueroa resumes:

aftFr thet thc1. made me leave the roorq and speak by telephone wj'th anotherperson 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 vouldcalt nqg vife again in order to reassure her, and he did so at oncel shortl-yafter'ltards, our eyes vere blindfold.ed, we were taken fTom the trouse ' put into a

vehicle ani, accornpanied by two armed officials, we rere taken home; we arrivedhome 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 every2)+ 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 nota.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 viewto 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 toleave home and- rzere taken by car by official.s of DIM to a place which we couLd. notidentify since, as on previous occasions, we were blindfolded. There" separatingme fron my father who renained in the car, they took me to a room where I sawOsvaldo Figueroa who was bound and bl-indfolded rrith adhesive tapet they asked. mewhether that was Figueroa and f replied in the affirnative; I was then taken toarother roorrr where they told ne that Figueroa had confessed to having sexuaffyassaulteA a boy and that that boy had to be me; they took me back to the room rthereFigueroa was and said to hiro, "Here is the kid whom you assaulted" do you want tosee him?"; when !'igueroa replied in the negative, they violently pulled theblindfold 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 partsof his body, telling hin that I was the child r,rhon he had assaulted. After thebeating, Figueroa resignedJ-y said., '?A11 right, if you say so, it is him". f wasthen taken out to the courtyard and they told me that, since Figueroa hadaclinowledged that he had. sexuslly assaul-ted a boy, I had to say that I was the boyvhom I'igueroa had assaul-ted. and, in oxder to Justify my not having said. so in rnyprevious statement, I had to say that I had been too enbarrassed to do so; theyadded 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 aninjection and Figueroa had assaulted me. I r,/as then returned to the car where Ijoined ny father.

The statement of CarLos Veloso Figueroa resumes:

l,fhile I rernained in bhe caru separaled from ny son, an official told me thatf igueroa had acknowledged that he had sexually assaultecl my son and that ny son haclconfirlled his statement. They asked me whether I wished to confront Figueroa, butsuggested that it wou-l-d be better if I did not because they imderstood that, as afather, I night react violently to hin, and go too far; I agreed to their suggestionand said that I did not wish to confront Figueroa, adding that I wou1d prefer thathe be held in custody pending judicial proceedings and that it ould be better ifroy son did not know that I had been informed. Shortly afterwards, they brought ryson to me; he had been crying and r,ras suffering a nervous breakd.own; they ].eft usfor a short while alone in the car, during which rime f tried to cal-m my son, andthen they took us back horne, About Tuesday or Llednesday of the folfowing veek, Ido not reuember exactly, ve vere again taken from home, this tiroe to the militaryhospital \,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 rightinside to a parking 1ot, where someone r,rho uas waiting in another car and whoseened to hofd an inportant position since he vas escorted by the noilitary policemade 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 meand 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 someonedressed in white took down inforroation regard.ing ny iclentity and. dornicile; he raademe sit on a couch whi]e he was vriting, and then he washed his hands and told nethat I cou-lcl go; I was given no kind of exa:rination; no one touched. me or mad.e meremove any of the cl-othing ruhich I was wearing. I was then taken back to the carto join my father; al-L this lasted approxiroateJ-y l! ninutes. My father and I werethen 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 beeninvo.l,ved in the previous epi-sodes, and whom I had already identified as an officia,lof DINA, arrived at my house ard told me that a-11 the record.s relating to the casehad aLready been made avail-abl-e to the Mil-itary Court and that I should expect asunmons, 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 sonsuffered a serious nervous breakd.ovn during which he told us the whole truth ofwhat had taken pface, Up to that time, I had been convinced that the stat eEent hehad nad.e on Sunday" 8 May, in the presence of the DINA official-s ha.d been true orauthentic. llor^r that my son has recovered fron the breakdown which he suffered andis r,rore relaxed, we have reffected on al,1 these events and have felt tbat we bothhave a duty to make this statement in order to establish the truth and- to preventinnoeent persons from being unjustly accused and punished for acts which they didnot conmit.

trle both nake this stat ement freely and spontaneously, in Santiago, on1\ June f977, in three copies, two of which ne are depositing withCard 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 SupreneCourt .

/Slgnatures illegibte/

1Qn

ANNEX XVII

Report of gn interview with osval-do .Figueroaand Eduard.o de La Fuente a/

/Giginar: sPanis

Osvaldo Figueroa described. his experience as fo11o\nts (the narrative issupplemented 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.

on 9 May at 2.30 a.m. a "neigtrbour'r asked fOr hin on behalf of rtZapatero" 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, stoleseveral ltrings tron the apa?tment and took OsvaLdo Figueroa, hooded, in a ear' toa 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 struckon 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 lraspElA 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 llayalthough he clained to have worked until ?.30 p.n.

On 10 May, he overheard a conversation with zul-eta who vas describing thekidnapping of the young boy Carl-os veloso.

His interrogation on the parri-l1a began again. Hoping to make thi'ngs easierfor himself, he agreed. with the version of the kj.dnalping given by Zu1eta but witha 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 athis side. Ht was tortured and began to te11 the sane story he had just heard fromOsvafd.o Figueroa, Osvaldo Figuer-a was asked {hether de la Fuente had epilepticattacks and he said he did in order to spare him further torture' De 1a Fuentevas then knocked. about ' but was not given any raore electric shocks'

g/ !'ron a rePort of a mission to Chile under the auspices of the World Councilof Church€s.

h/

-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 Foundationand i.ts staff; he said he knew nothin6l about then, which was true, and then thequestions turned to his relationship with tbe Vicaria and the priests there. Hedid 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 thevicaria. The interrogation lasted for four to five hours; all he did vas to inventthe 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 andnew details were intl.oduced such as questions on the way in which he had burnt theboy'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 theboy Carlos Veloso, his daughter would be brought there and und.ressed so that hecould rape her.

They added that if he proved incapable of raping his daughter, it would bedone 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 hisdaughter crying out: "Father, please confess ,..".

At that point he adnitted that he knew Troncoso. He was taken to a roon wheteTroncoso and de l-a tr'uente were tied side by side on tbe parrj.Ila and. vas asked ifhe recognized them. He noticed that Troncoso showed. no siEns of .l-ife and did notseem to be breathing.

He was taken back to the parril].a and told to repl-y to the fol]offing questionsby 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 shownphotograpbs of people to identify but did not knov them.

That sajtre night he vas taken back to the tor.ture "oom,

forced to recognizeDrouillas, and made to insult and hit hin. The interrogation eontinued into thenight. 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 knoveach of the 1,112 people i.n the commr:nity settl-ement. He r^'as then to1d. that he wasgoing to be refeased. and put i.nto a car vhich was fol1owed. closely by taxi. Thecar 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 tohelp hin. He asked then to take hin back to the bouse of a relative, but theirarswer was "Dontt worrytt. His eyes were then covered. and. he was told to pretend tobe 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 ofthe man who rnras refened. to as "the boss".

IIe was then led into another room where he hea"rd. tbe voices of peopl"e claimingto 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 hishand 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 recountrngsomething 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 againsthis tenple' one of his fingexs vas put on the trigger snd- the people around himpretended that they vere going to press his finger. Someone then told them to stopthat ga$e because he vas more interesting eLive than dead. He was again givenetectric shocks to na.ke him confess that he had organized everything. The electricshocks beca:le more sever€ and. were applied to his testicles. The same questionswere repeated and his replies vritten down ancl ?ecorded. He was final-ly conpel"ledto sign a statement.

He was then put in a more confortable room, the blindfold was taken from hiseyes a-trd he vas again asked to identify Zuleta and Drouillas ' He had to stay thereuntil 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 certainthings 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 tolive in Vi11a Mexico but had moved away. She ttlreatened' to push a stick into hisrectrm 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 greenmilitary 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 electricshocks 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 timea "lrulsn" voice spoke tc hin, saying "You are being taften to a better place where

you lron't be treated Iit<e a ioe". tte did not know at the time that the place inquestion was Cuatro Alanos, vhere he lras taken to a doctol who for.md hirn "in good

Jondition". He vas put into a ceJ.l and kept there in isolation until 16 May'

0n 15 May someone came to interrogate hlm about the events of 2 May. Heclaieed to have nothing to do with then. That same evening a man came wrro saidthat he was from the supreme court and pretended to te11 hin everything that hadhappened,

The fcllawing day the sare man came agajn. His expression had changed, andhe 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.been Figueroa, Drouillas, de la Fuente and Tronceso,

He replied that it had

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 CardjinFoundation.

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, andphotographs 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 thatit would be difficult because they came within the Jurisdiction of the nilitarycoult s .

-184-

Three days later osvaldo Figueroa was visited by a woman representing the

Military Justice who rsnted a nei statement ' He vas ta'ken to the public gaol'

where he was interrogated fol' three days, He asked for witnesses to be calledsuch as his employer.

On 2l- June he was alloved to receive outside visitors (libre platica)'

On 23 June, he lias confronted with the yor:Ig boy Carlos vetoso who confirmed

that he never had been abducted or raped'

Osvaldo I'lgueaoa was also sunmoned to appear vith de 1a Fuente about a question

of anti-Governnent pa.mphlets (de fa tr'uente hacl distributed some' five months

earlier ) '

On 2l June, at 9.30 p'm' he vas a].l-owed' out on parole and left the prison

after signing a document lt.ting that he had never been tortured and that he was

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 actwhich shocked the public. on his return home a fortnigbt later, on tB l,Iay 1ast, herefused 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 forenforce&ent of rights ( arirparo ) on his behalf, d.escribed his d.isappearance as "toall appearances voluntaryrr and as rra publicity stunt for consumption at home andabroad.rl

Fina11y, after a long silence, Guillerno Be11o Doren decided to te11 the truestory" On J July 1ast, he lodged with the second Superior Crirninal Court a strornstetement in which he gives the details of his abduction.

Hi! dete4tion:

"0n 3 !,4ay I left the Court (second Superior Crininal Court ) aroundeight 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 nqfdireetion, valking rapidly tovards the Alaneda and Cal1e San ltartinintersection, Ifhen f reached the cornel, f was confrontett by a nan of about32 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; rThisis the man, take hin away. i The"e were four individuals behind ne, one ofwhom tooh rny arms and. crossing rry hands behind ry back handcuffe<I me, varningtne that if f nade any attenpt to raise the alarn f would be sorry for it, andthat I should listen carefu[y to what he said; meanvhile they snmggled meinto a car which r'ras parked a few yards avay. They nade me kneel dolfn on thefloor of the car and put a bandage over ny eyes and pulled it tight. Theymade several turns through atifferent streets anal I lost ny sense of tlirection,I was driven for about thirty ninutes to sone desti.nation f coul_d not identify.The car stopped. in front of an iron gate, the horn rqas sounded and. the carentered a cobbled enclosure, f was rernoved fron the vehicle and taken into avery brightly 1it roon, vhere f was askeal my nane and questioned. as to nypolitical affiliations, and alleged political activ-ities. When f tlenied harringany political affiliations f was punched brutal].y in the stonaeh, and a nretalobject vas pushed into roy mouth and I received a fairly strong charge ofelectric current".

-LB6-

Be11o Doren told his abductors that he had recently had an operation' and theydecided 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 ther^rooden door and locked it.'r

I,Ihile he v.as ln the ce11, Be11o Doren says he heard other detainees bein8inter"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 bettercollaborate and that if I re'fuseit they had ways of making ne do so. fhey toldme 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

"ipf.itt in good tine. To q1 surprise they tooh me back to qr tiny cel1'without torturing ne.''

"The follorsing day, Thursd ay, S \Qay, beginning early in the morningo twopeople talked with me. They told ne that they had absolutely nothing againstne, 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 ' theyassured 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 thoughtof being deprived of ny freedon indefinitely, with the distressing effect itwoutd 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 ofthe 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 Iknev, 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 placeV.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 fromthe 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 roadrtltnout' traffic lights, since the car travelled for a long tiue along a straightroad, 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 wass1l-o!'ed to take a bath and lrash his hair for the fixst time in a fortnight. "Theyrenoved the blindfold from ny eyes and r r,zas abfe to r.ook out through a wind.ow inthe bathroon: at the side of the outbuilding r,rtrere f vas there was a concretefour-storey building, typical of a poor urban-fringe comorurity. Duling the day fheard the sound of children plsying on a second floor or in a co*idor adJoiningthe one where f was, from which I assume that the place where I was kept wascanouflaged by_-a fanily-type erterior rrrhi ch nad.e it pass unnoticed in iheneighbourbood. . rr

Threats :

"Before leaving that nightmarish placer, the statement continues, rI waswarned to say nothing about what had happened, und.er the threat that I wouldbe s ought out and kil-led if f did so, u,rra tn"t they could carry out the threatany t inxe they wished, even years r,ater. They extend.ed the thrlat to ny farnilyalso ' r was told that r lroufd have to colraborate with thelx by obtaininginfolmation in the professional circles in vhich r noved and tirat they vould.call ue about it by telephone at my office" using the name of Fernand.o. f wasi.<fhrr^+-n +^ -;..^LU 6rvc a plausible explanation of rny d.isappearance to lry fanily ...rf the press and other persons and conmissions inquiring into h'man rightswere to question ne I should deny that I had even been detained",

I^lly tel1 the truth?

The case had been widely publicized and distorted by some of the uass nedia.The

^nevspaper,,!a Seg.ung_a, for instance, interpreted the disappearance of Bello Dorenas 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 thenext 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, bothat 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 wasdue to the grave threats nade against him, but that ii had. become impossible forhin 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 theiranonynous status to act in bad faith against people " in disregard of theirfund.anent a1 rislts . rl

rAA

ANNEX XIX

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 ofri.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', togetherwith his son Francisco Quinones Radii. The application states that on f9 Aprilfive persons cale to the applicant's donicile in a white carl they had a

conversation with ber nuslana an d. carried. out a thorough search of the house vithoutproducing a search warrant. They then asked Zuleta for information in his!osse""io., ald for the names of other persons. ftley punched hin on the neck and inthe stonach al]d. released hin an hor:r end. a half later, telling hin to be at the bus

stop, No. l-2 Camino Troncal, on 20 April- At B p.n. on that day, four -persons

arrived. at his trone a.nd. said that they vere expecting him' He denanded theiridentification and varned thero that he had sought protection'

On 2L Aprll he vas arrested, vith one of his sonst who tried.to prevent hisfather fron being taken away. Another of his sons got in touch with ttle police'who stopped the car in which they vere being taken aFay, but when the occupants

f"oal-,""a tir"ir i. dentificati on, 1et them go on. on the s ame day' one of Quinones I

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€derationof 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 theRev. 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 atl0 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- formerpolitical 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 theinfornation was not provided, reprisals lrouJ.d be t aken against his vife, hiseleveo and nine-year o1d sons' or othex near refatives.

a/ Sotid.aridad, No'

b/ Sofidaridad o No.

_LO, p. o.

to, p. -Lo,

rts of recent

-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 ofvictor condori valencia. st atL-i!-T-hat four persons in civilian cr-othes identifyingthemsel-ves as investigators arrested him at his home on 1 May. Both rvere releasedon 3 May of this year. On the foll-olring day, l+ May, however, both .were arrested attheir 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 incivilian clothes had detained her for several hours and interrogated her concerningVictor 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 athin and- nade hirn face the wa1l vith a g'n at his head.. tney aia not produce snyidentification, 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 thehead. ard about the ears.

He was talen to an rxrknorn place, vhich from previous infornation he thinksvas in the Quinta Nornal.

0n arrival he was put into a hind of {ooden cagen his arms and feet touchingthe sides. After he had been there for a short time he vas remorred and t aken toanother room vhere an interrogation began on his alleged party activities a',d. on thevhereabouts 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 andblindfolded, 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 hecoul-d hear the sound.s nade by people living on the neLt floor.

c/ Sofidari.dad, No. 19, p. 19.

_I90_

Cn thL- next aay (l4onday) they 1et hirn out verlr early in the nornrng'

t,lindfltr1ded, a-nd took- nit itoo,t' -Trrey

naa duplicstes of his keys; they nade him

go fn and searehed tir. r.o''," "-

irto.ol'gil-y' His wife' Violeta Salazar' 'vas

alone and

asfeep, The captors torA nin trrey iouid come back and have a talk \^'ith her'

They returned to the place of detention, and this time there were no more

interrogations. on ruesdai, around IO p'*' ittty let hin out again and witilout anv

expla:l at i cn told hlm tnat te was free' i^lhen he was put in a car he found his lrife

theve too; they had arrested her on the Monday and she had been on the same

premises since then.

They were turned out of the car a long vay from home' They spent the night at

the house of ttleir nephews Pedrc Rojas Condori arrd Agustin Manterol-at \'iho were

arrested on I l{ay and released on 9 May, after being interogated on the

whereabouts of the coup]-e.

They reacneo hone around 9.50 a'm' on wednesday' )+ May' and vcre.changing

their clothes i{hen the four people !{ho care the first time entered al)d arrested

thenJ tahing them to the same place of detention'

Here they were sat down side by side, but they did not speak to each other

because they felt that they were being watched''

Ee was taken to a roon where they interrogated him on the sarae topics a-s the

first tine, punching t[lo on the body; finalfy they alrplied electricity to his

tenples, arms ard legsi he stil1 has burns and veals irom the shackles on his legs'

During the second detention he t'ras kept at the place from 10 a'm' r:nti1 6 p'ra'

Qn being released together vith his vife he vas threatened that if he talked he

vrou-1d b! afested again and this tine he vould not come back'

During the two periods of detention he vas unable to spea'k to or see anyone

although from the sound he could tel-l that there were other detainees there'

From the pf ace where he 'i,,7as taken and from the vay his captols spoke ' he

believes that they rqere Air Force personnel-'

(b) violeta salazar sal-azar I'as arrested on 2 May r97T aL he]' home by five a1l1ed

rnen in civilian cl-othes who had taken away ber husband victor Condcri on the

previous daY.

The captors produced' no search warrant but proceeded to make a thorough search

of the apartment, tahing avay letters and, personll docr'ments' She was told not to

move and that they vooti corol back and tal^k to her' They lef't ' taking

l4r. Condori' She lrent out into the street aIrd sav that one of the capt'ors vas

vatching the buj"lding; she raLl and raa:raged to Jump on a bus' but it had only gone

a few yards when a car f"ff""i"g it cut in front'-and a person boarded the bus'

made her get off and put her into the car' /...

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 theiral-leged politica-l activities.

As she d.enied knoving them, they applied el_ectricity to ber hanalcuffs and tothe 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 shethought it vas her son. She begged her captors to let hin go. She went intohysterics ancl they gave ber a tranquillizer.

Sbe vas interrogated several tines during the dayi she had some idea of thetine because of a radio which was going f!L1 blast. She could te11 fron noises andscreeming that there vere other detainees.

She vas released on the fue sday night and saw her husband. They spent thenight i.n the house of thelr nephews Pedro Rojas Condori s.nd Agustin Manterola whowere detained on B May for several hours.

She reacheal home acconpanied. by her husband on Wednesd.ay, l+ l4ay, ancl was againarrested by the sane group of captors. They vere both taken to the same place.

She was again interrogated., vitboub ill-treatnent.,ts^rth^ <-- ^1,^ -.I,.ut E'e "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 thehous e of her son NicoJ.as and asked. hin to withdraw tbe vrit of gggg sinc e hi sparents had been released.; they aJ-so said that they had not been responsible forthe ar"est and tbat al1 they nor'

'rart ed. to d.o was to he].p then and protect them.

D. Aldo Edgardo Al-cota DelBado d/

A.lalo Edgardo Al-cota Delgado was arrested on J- May ]-977 by four civiliens whoidentified 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 inCaLle 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. Aftera J ourney of betveen 20 and. 2, minutes they reached a house, vhere they interrogatedhin on his pol-itical activities. They gave hin the naoes of persons, etc. Tobegin with they beat hin up.

He aras nade to sign a document, llith the nlurber of his identity card andpersonaf 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 beeninformed that this case ras brought to the attention of the Chilean Courts in anapplication 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 adrug ped}ar and a homo sexual. Al]" this took place as follows I after aninterrogation lasting about hal-f an houl, they put hin in an adioining room wherethey left hin alone, vith his alns tied to a beom. An hour later they changed thehardcuffs which vere attached to the beem and put them on his feet, stifl- attachedto the beam, With his hs.nd.s nov free tre was able for a uonent to lift theblindfold covering his eyes and to see what kind of room he ?as in. It was abasetrent foom of 10 x I rnetres, conpletely vhite' with no pictures on the wa]-ls, atiny net aI grating to let in the light, half a d.ozen beams holding up the roof' anda cement floor. The only noise vhich reached. the room vas the sound of footstepson 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 intoa 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 anumber 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 liketo give you a chance. This consists in not liquidating you or making youdisappear - subiect to tvo conditions ttvhich vil-I ensr:re that you are not going tolet us dorntr. At this point he said tbey were greatly interested in hiscollaborating vith then, basically by passing on information he cou1d. obtain st theuniversity. The conditions are those already d.escribed..

The d.ocument s vere a series of sheets of grey official paper, with the headingt'Republic of Chileir, arrtl the words: I ... rmdertake to ...r etc.r in other wordsthey were papers previously prepared with blank spaces.

Once these document s had been signed he vas taken to another part of the sanepremises. The room was in complete darkness; they took off his blindfold' he was

no fonger hardcuffed,, antl in the darkness they took three flashlight photographsof hin, two in profile ard one front view.

Then a voice he recognized. as that of the person who seemed to be the chiefand had j.nduced him to accept the offeT to1d. hi.n to undress, fn the darlmess he hadthe 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 hirnto,wards a bed in the roour and he realized that there was another naked man. Theymad.e him stand. up against this nan, vith hln looking at the camera and the other onewith his back to i.t.

Once this operation r,tas finished, they nade hin get dressed'n blindfolded hinagain and took hirn out to tbe street. They put hin in a car uith five persons init. lle couLd hear that they were also putting a bicycle into the boot. lhey setoff; he vas slumped doval on the back seat. They then took off the blindfold butmad.e him keep his head. dotrn. fhe vehicle stopped on tlrc occasions, since apparentl-yttre 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 ' atthe [Io. 9 bus stoP, Gral Avenida, at 7 p.n. lle vas to corte wearing ieans artd agrey 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 ubenthey axrested him anrl were tating him to the interrogation centre, he noticed thaton the flooa of the vehiele there vere various subnachine guns. He was also ableto hear his captors talking by radio in code. On the way back they left hin inCalle 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 theCourt of Appeal of Santiago, and a eharge was made to the competent Crirninal Courtfor kidnapping, etc.

On 26 llay l-97?, his nother vas trvisitedrr by a.gent s of the Office of Nationalfntelli€ience (Offtg), who said they vould like to speak to AJdo l1cota, in order togive him rrprotectionrr against alleged criminals, vhom they vould also like toarrest, since al,]- their activities vere being b.tamed an DINA. The agents saiit theywould return on L9 May L977, but on If May two officials from the office of Nationallntelligence again uent to the house, repeating their previous offer End sayingthey warted to taLk to her son. That day the priest Fernando Vives, a familyfriend, 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 tothe fariLy. ltris tirqe the int ervi ew took place in tne presence of the priestFernando Vives and a friend of the fanily. The fanily tofd then that they acceptedthe offer by DINA but it nust be made before the competent crininal judge, uho uasempowered to investigate and sol-ve cases, and to impose penaltiesl so that all theproofs which DINA said they possessea (tney had a briefcase in r,rhi ch theyaJ-legedJ-y had photographs of possible offenders), must be handed over to thecompetent Judge. A DINA official identified hinself, calling himsel-fVal-enzue1a C1uz. 0f their om accord, the family then gave them a copy of thecharge which had been presented., sponsored by a 1ar,yer. They seemed somewhat putout, but sere stiLl fliendly. Finally they tTied to induce the fanily to sign adocument stating they waived. the protection offered by the Office of NationalIntel-ligence. 0n Ttrur sd.ay, 27 ltay 7977, a-n official identifying hirnself asFrancisco Val-enzueca Cruz a"rived alone, and insisted on seeing her son, againsaylng 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 thatthey had identified the people who had perpetrated. the assault on her son. IIeinsisted 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 ofherself because the peopl-e who had coomj.tted the outrage against her son rnight r.re11talre reprisals on her. I{e said this in a threatening tone. This tine, r:n1iheprevious 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 anapplication 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 "drivinga beige 'Chevjrr car, vith 19?7 nr.mber -p1a I es KT'T-C9". Leishbours uitnessed theincident. 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 theConeepcion Regional Stadiun and nine nonths in Chacabuco concentration canp in theliiorti], I vas conditionatly released vithout ever being brought to tTial, andconsequently without there being any concrete charge or sentence b"ought againstme. 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 myplace of vork in order to force nqf ex-employer to file nle. The DINA insisted thatI was a bad element and did not deserve to have empl-oynent ' This situatiob beingan 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 andhaving m.y rights recognized. The office not only refused to receive my conplaintbut 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 toretain 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 (QuintaConisaria de Carabineros) in concepcion for interrogation by members of the DINA.During interro€lation I ruould be questioned about my alleged political- or trade unionqntirrir-iac hv nqrii.'nrrinn in meaiino< uhel-her T r^rere dirLributinr- Dr.]r-ApFideIV liar !!!- -.J

adainst r-he "li-Litary Junra, 1/herher - oosscsserl al^ns, etc., without the policel.aving any concrete eviclenc e or real accusauior Lo brin' againsL me. Durinfinterro6ption T wou-Ld be maltreated, beato' on t-.e hands and feel, insulted and. havemy 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 detailshave been efininated.

-roq-

Such periods of detention r.rould last for several- hours, a whole day, a nightor 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, groupof "carabineros" amed rrith nachinc-guDs arriveal in force at rV hone cturing thenj.ght, forceal me to get out of bed., naltreated ee Fhysi cal1y antl rnsufted me, allin the presence of nry t^l.ife end ,., cbl!.Cren. fhey then took ne to the policestation nentioned. above, vhere the na-ltreatnxent, insults and uhreats were resuned8nd. lthere they interrogated !0e to final out vhether I knew the organize"s of workergroup 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 partin their activities. I rlas also subJected to detentLcn as a resuJ.t of suspicicnsthat we nlight be wioJ-ating tbis prohibitior, to the exteut that I vas accused. ofusi.ng a sports club located in the sane pLace as I was lirring as a cover to holdneetings.

l+. In ad.tlition, shoukl soue cotry)Letely fortuitous situation arise, such asa breakd.ovn in the suppLy of tlrinking water, it woul.d serve s.s sufficient pretextfor 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.venconditional rel-ease - as \ras qr case - had been arrestett or arrested ancl reportednissing - a6 l'as the cese of Abrahen Rivas, leader of the Concepcion Union ofNeigirbourhood 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 beelininated nieht very vell be carrietl out, bringing about a tragic psychologicalclinate antl a feeling of real- terror witbin nryself and ry femi Iy, I,lhenever f waslate in retuzning hoDe, for any reason at all" it vould. be eufficient reason forry u'i fe and chilalren to becone anxi ous and lanic-stricken antt suffer intolerablecrises of tension and outbleaks of nerves. [be terror, persecution and unJustifiedthreats to nry person J-etl rne to seek the uesns to escape fron the situation, leavethe cotutry end request politicel asylum i! ... .

( siene4;

ANNEX XXI

E-qaler.ent lra!e__!X_-qel9!!nelg_?,,!3g!*ain Clenentq N. Bursos

: Spanish/

"In Santiago, on 20 April 1977, CLEIIENTE NICOLAS BURGOS VALEI{ZUXLA, born atSan Javier de Loncorrill-a, 36 years of age, narriecl, carabineros captain r living atl-)+9r San Franci.sco in this city, appears in court and, having taken the oathodeclares:

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 ofCARIOS El,'XtsEBTO COI{TnERAS I4ALUJ!. In the rnonth of November, I d'o not rememberwhich 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 stoppedarrd s a'vr that there was a bus, ard on the ground., at approxinately fi ve or sixnetres from the bus, al indiwidual was lying on his back; according to tbe peoplewho had coffected there, he had hurl-ed himseJ-f at the bus, which had knocked himdown. His head was bleeding badly.

Secause of the crowd, I l-eft the Jeep about l+0 rnetres away frorn the scene ofthe accident and vhen I approached. to look at it I heard hirn say, perfectfyc]early, that "he vas a communist ex-Councillor of Concepci6n" e.nd that his fanilyI'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 radioexchange about 'what was going on, since the sector was not in qr area. At therrery moment when I ruas reporting to qr sutrreriors, a Fiat 125 arrived - I do notfor the monent remenber its registration number - from whi ch four men in plaincfothes Bot out; they showed ne a DINA pass alrd at the s ame tine told rne that theyvere 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 IntelligenceService staff take up a case, we withd.rat, Nevertheless, in the course of routinenol ice nronedrrrc T ronorted the occurrence to the Sixth Connissariat ofCarabineros, the unit, responsible for the sector and I gave a fu1l account of theincident. llere, f remenber, f supplied the exact registration number of theFiat 125 al ..."

/ Urrglna-L

a/ The Group hasCaptain Burgos shortly-Lfc enc e plst€s EG Joo.

received a copy of the accident report made byafter the accident in vhich he stated the automobile h8'd

ANND( XXII

Statenent nade by Sel,enisa Caro Fios de Diaz, wife of Victor Diaz

ST.IORN STATN.IXNT

ginal : 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, houseviferesid.ing at Yiguel- Campos 300)+, Town of San Joaquin, San Miguel, identity cardNo. 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, whour 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 theDirectorate of National rntelligence. this nevs, althoutsh unconfirmed, caused. thiEdeponent more sorroT,/ than sr:rprise, since it only appeared to be the eul-nination ofthe, search for hin by the Security Services, which haal begun on the very d"y l5tuJunta took_pol,tey', 11 September 1973, on which date my husband was holding the publ_ icoffice 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 loverlones.

Fron the day of the rnilitary pronunciarnento , agents of the Secr.rrity Servicescame to or:r home on no less than five occasions for the purpose of arresting nyhusband., 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 nypossession and a photocopy of which I attached to ny appl_ication for a writ ofhabeus corpus (recurso cle a.mparo ) on behalf of ny husbanat, dated l-9 August of thisyear, before the Santiego Court of Appeals. The last two visits referred to l{erenade by agents from the Directorate of National Intelligenee (pfna),

SECOND: In the month of June this year, it vas possible to ascertain precisety thecircnmstances of the alrest of vfctor Diaz L6pez , which are briefly as follovs : onthe morning of 12 l4ay 1976, the curfew still being in force, a large-scale operationwas canied out by security agents in Bel1o Horizonte Street in the tovn ofLas 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 revealtheir identity because they clain that their pJrsonal safety night bJ Jeopardizedwere they to d.o so, have confirmecl that, after searching several houses in theabove-rnent ioneil district, the DINA agents came upon my husband, .who vas imediatelyarrestecl and. transferred. to some unknoFn place, which it has since proved. inpossibleto ialentify, The exact address at whicb the a"rest of Victor Diaz took Dface is979 Bel1o Horizonte Street.

F"i

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 athone on the morning of 12 lray this year and r,ritnessed the arrest; he is now livingabroad.

fQURTIL : A letter from frafrue dated 29 July 1976, ad.dressed to this citizen, by theSecretary of the World lederation of Trade Unions, I't', Jos5 Vig6, states thefclloving: The fact that the Chilean Under-secretary of Justice has said, in atelephone conversation r+ith the l{ayor of Bologna, that Victor Diaz and his frienctsare in a detention centre in Chile ... This on\r repeated what was said in a cablefrom the AIP agency, sent from !.oue on 22 J:uJry of this year and published by thener,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 implicationthe detention of fou." forner mernbers of the Central Connittee of the ConnunistParty) 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 theChilean authorities as 'missingr." "The person who spohe with the l.{ayor of Bolognar,ras the nilitary attach6 of the Chilean Under-Secretary of Justice,l4ario Duvachelle " That official-, Captain Amstrong, rtrho was apparently acquaintedvith the circurnstances, answered instead of Duvachelle .."".

FTFTH:. On th l.,lay of this year I applied for a writ of habeas corpus (Iecqqo de

"rpqto) to the saniiago Couri or applars (rite wo. \05-76), on the tusis-6FTiE--prelirninary information obtained by me, his wife, This application was rejeeted bythe Court.. because the orficial authorities, especially the t4inistry of InternalAffairs, 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 inportantfacts 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 alsorefused, rnerely on the strength of a statement by the Government authorities - whoagain clairned to knov nothing about the a?rest - and without the Court having takenany of the steps requested by the appellant concerning the facts in question, Atthe present tirne" a complaint concerning the kidnapping of Vfctor Diaz is beingbrou€ht before the Si)cth Superior Criminal Court of Santiago.

SIXI'H: I have recently been informed by various unidentified persons who had beenimprisoned. and subsequently released that they ha.d seen qf husband in the DfNAdetention centre called the Villa Grirnaldi, located in Pefra1o16n, Re€rettably,those persons have been unable to reveal their identity for Teasons of pe"sonalsafety.

SE\IENTH: At approximateJ-y 11.30 a.m. on 6 October 1976, tro officials of theDirecto"ate of National Tntelligence appeared at my hone, but did not identify+}amea l rr^c 11L-- T ^---r ,I,-.red the door, they handed me an envelope ' requesting that Iopen it and read the letter which it contained' they inforned ne that when I hadread the letter, they would like to talk to me, I took the envelope, on vhich frecognized the hand{riting of rq,. husband. " Victor Dlaz L6pez. I closed the door andopened the envelope, in which T found a letter addressed to me from Victor' whichread 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 toour d.aughters and son; I want to know hory you a"e, I r.rean about your health, fnyseLf am all right. I ask you to anstrer ne through the bearer, I also wish to askyou not to go on !,'ith any steps which you nay be taking on ny behalf. ldoreover, fwant you to confirm vhether you sti11 have the same telephone number ,IlI+72. ffnot, I ask you to give a nunber, day and hour when f can call you. your lovinghusband and father. tr'or you, dear Sefita, for Toyi, Viviena and totin, ruanykisses fron (signature: Diaz L.)."

After reading the letter and. recognizing what was, for me, the unnistakablebandwriting of qy husband, which I then conpared with other earlier specinens ! 1adnitted the DINA agents to ny house and they told ne the foll-oving: that nryhusband was, in fact, being detained in Santiagol that they could not tel1 me hisplace of d.etention "owing to circunstances beyond their control"; that he was inSood health and well taken care of; that f shou-Ld pay attention to r^rhat rny husbandtold 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 mypersonal- safety and. for that of my husband; that Fadio l{oscow was naking a lot oftrouble about Vfctor Dfaz and that that had. to be put a stop to. Subsequently, theytold ne thet f vould shortly receive a number of telephone calls from r{f husband- andthat 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 paperaddressed. to my husband.

EIGIiTH: On the folfowing day, ? October, at approxinately 6,OO p.rn., the tet-ephonein my home rang and was answered- by ny daughter Victoria, since nobody else vas athome " Right away, she heared. the voice of a man who said: "Ho1d on, there is acal-l for yourr, and innediately afterwards she heard what was for her theunrnistakable voice of ber father. The conve?sation was as foflows: tt(Victor):"fs your Mana there?r' (Victoria): "Oh: Pape ... shels out dealing with ttreapplication." (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 askedabout the heaLth of his family, whether his d.aughters had narried, whether theyrrere working and said. that he wouId telephone again some day after 6,00 p.m, Andhe ended by saying: "Tel-l- your nother that she should. u.nderstand $hy she ought not+^ ,^ ^h ,,i +r^ .i +. iluv 6u uu

NIMH: At 11,00 a.m. on 19 October of this year, a DI$A agent appeared at myhome 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 handover a parcel of clothing for nor husb and since she did not have my authorizationto do so. The agent rtent away, saying that he would get into trouble for not havingdone vhat he was supposed to,

Tfl\[TIl: At approxinately 8"50 p.m. on 20 October, the telephone in my house rangand was answered by ny daughter Viviana, who inmediately recognized the voice of herfather 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 ): "TtreBen Lrho came the other day said they were going to bring you here, I will not sayanything 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 innediatelyreplaced 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 andnryself .

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 NotarySantiago, Chile

AMINX XXIII

from the t iwef Great and. I'trorthern Ireland to

ons Office at Geneva add.ressed to theof the Division of Iluman Riehts

/ urrslna_L: -Fins Ll- sn/

Her MaJestyrs Governnent believe that it will be helpful to the Ad IIoc workingGroup on the situation of Ituman Rights in chile in fulfilling its nandate for i.t tohave brought to its attention eertain information in their possession relating tothe case of tbe ndssing Anglo-Chilean, lli1lia,rn Beausire( Guillerrno Roberto Beausire Al-onson chilean rdentity card llo 5.208.306-2). theI^Iorking Group are already faniliar with the general detail-s of the case.

Since Willian Beausirers disappearanee in November 192L, the Britishauthorities have taken a close interest in the case a.nd. have for humanitarianreasons nade several approaches to tbe chilean authorities in the light of theevidence they have received.. The Chilean Government, for their part, haveconsistently denied. responsibility for l/Iilliam Beausirers d.isappearance andk::oltJ.ed ge of his whereabouts. In June l-976, Her Majesty,s coveinment drew up as unmary of all the evidence in their possession, in the for!0 of the attachedMemorandum, and gave it to the Chilean Foreisn lr{inister.Vice Adniral Patricio Cs.rvaja1, under cover Jf u, p.""ott.l message fron theSecretary of State for tr'oreign and Conmonwealth Affairs, theRt, Hon, Anthony Crosland l4P, appealing foa its careful conside:ation and a fulfenquiry. IIer l.{aJesty t s Governnxent considered the rep1y, delivered onL0 l{ovenber 1976 to the Foreign and Cornmonr,realth Office, to be rmheJ-pfu-I in attitudeand unsatisfactory in content, and were rbliged to conclud.e that no real attempthad been nade by the Chilean authorities to locate l,li1liam Beausire or investisatethe facts of his disappearance-

The Memorandun surmarizes evid€nce about Willian Beausire in the possession ofHer 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 atleast until JuLy 1975. rt aloes not reveal the identity of most of the witnesseswho have provided testinony, and in this forn it is suitable for publication. Theoriginal, signed. copies of the rritnesses I statements are held by the Britishauthorities in London. rf the working croup so desiredo the British authorities'wourd have no obJection to making copies of these statements availabl€ to them ona confidential basis, subJect to the permission of those concerned..

The British authorities cannot, of coutse, vouch for the accuracy of all thetestinony arhi ch they have been given. But it is their carefu.l-1y considered viewthat' when tal<en as a whoIe, the statements made to thern by w-itnesses constitutea persuasive body of erridence which can leave little doubt that William Beausirevas detained in Chile for several nonths after Novemtrer 19?l+.

-202-

In vi flr of the facts set out above, Iler li€Jestyrs Government believe tbat the

only renaining aPpropriate course is fo! then to bring the matter to tbe attention

of the !trorking Group. ro-"Jtitti'oe this evi'tence ' the Sritish authorities are

acting witb ttre fuff agreement of l^Ii11ien Beausirer s oother(Sra. In6s Alonso de Seausire), now resident in the United Kingdorn, and- of other

nenbers of the fa^rnilY.

(sisrea) Janes BottorleyAmbassaclof,

Pema,nent Bepreseutative

ANNEX ]O{TV

Memorerrd r:m of the of the Uni.tedof 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 nrmberof separate and ind'epend.ent sou.rces that WiILiam Bear-rsire vas under detention inCb.ile between the months of November l!l)+ and Jul_y 1975. This evidence issu@.€xised below.

2. HMG regret that they are unable to reveal the identity of nost of thev-itnesses vho have prov-id.ed this evidence. They d.o hor,rever offer their filaassuraDce that these iteus of evid.ence rr-ere received separately 6nd individusuy ssexplaiaed' in each case, and arere recorded in good faitb; and. tlat the details ofthem given in this d.o curent faithfur-ly represent their contents. HMG have giventhe satter the most careful consideration. whatever doubts nay be entertained asto 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 ofevidenee which, in the view of HMG, can leave virtual.]-y no doubt thatI,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 toEurope. 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, l{irlian|s sister,'were detained by the Chilean authorities along v-ith other relations arod frien4s oftbe farnily. They were interrogated- about the vhereabouts of anvther daughter of536- 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 theyheard- and caught a brief sight of willian vhile they were ,nd er detention; thatthey were tol-d he had been seen by a number of other prisoners; and that they heardhis 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 ofMary Ann a,rrd. Pascal, she received three telelhone c all"s in mid-Decenber 19?l+, frona persoD \'rbo said he was arrd. whom she believed. to be her brother. According tosra.Beausire, wirlielfl told. her that he was in hirling in chile after returning theref?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

to lersuade her to di'tT:}ge infornation about tler sister and ?ascal' She asked her

brother if he had visitei a corlnon friend in Europe w'ith vbon h: had intended tost8y. Sbe was tol-d' he had'' but when she checked vith the friend'o he said thatBeausire had fai]-ed to arrive.

Sfa.Maria Ste].la Debancens

l{, T}ris witness, who knew l.Iillisrn Beausire previously by sight' hes testified'that she met and spoke v-ith hin arognd the telin:ning of f9?5 at the villa Grinal-di

d.etention centre where they were both being held at the tine'

Witnes s A

5. Ttris witness has testifi-ed. before the Britistr Consul- in Diisseldorf 'lJest Gerrna:y ' that in November l-97)+, while being held' in Chite at a place ofdetention which he cou-Ld not identify he met aud was able to speak with attwil-li a,Io Beausirett vho to]-d hin that he had been arrested in Br':enos Aires and'

returned secretly to Chile vhere he had been intenogated to make him reveal the

wheleaboubs of his sister Mary Ann '

lJitness B

6. Another Chi.lean national has described in fu].I detail to an official of the

Sritisrr hbassy in Caracas, Venezuela, his experielces during a period of d'etention

he spent in the vilfa Grinald"i between 31 December I9T4 anal 3 J8l-uary 1975" in the

company of other prisoners including a lViuism Boissiere A'Lonsott lrith lrhom he lras

able to converse at r."gih tit"" tn"i vere placed together for a tine -blind'foldedand handcuffed in a snaiJ cer:-. "B"oissi.ri" to-Id. the witness that after leavingChi}esonetimepreviouslyhehadbeenarrestedalEzeizaAirportnearBuenosAires.After being held. there io" . t"* days he was taken back to Chile in a nilitaryaircraft aJxd interrogated and maltrlated in valious detention centres to make him

divulge vhat he knew atlout his sister. Though the witness was removed to another

part of the d.etention centre on 3 January " he continued' to see ttBoissieret' d'aily

for a further seven d"aYs.

Witness C (evid.ence provid-ed- by the Beausire fa:nity )

7, A Chilea.n now resident in London has testified that lthile he 'was detained intbe Vifla Grina.ldi in nid-January 19?5, he tearned' the names of several- fe1Iow

prisoners, one of them l"i"g t'liif Beausierett, $ho was said to have spent about

txo months there already' on 12 January ' tbe vitness met a'nd spoke to ttBeausietetr

wben they were both *ong . group of detainees taLen outsid'e for exercise and

tbough blindfolded all-ow;d to converse by the guards ' fhe I'itness spent the next

night i.n a ce}l separated fron "Beausiere's" onJ.y by a thin lgtftio1'' and' the

tvo men were again alte io converse briefly' ttSeausieretr tol-d the v-itness that he

had been taken prisoner in Argentina on his .lray to Europe ' and that he was

extaeme]-y worried aboul, his fanify. Shortfy afterwaxds the v'itness l/as removed

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 syin Caracas that she net and spoke L,ith Wiilian Beausi.re in ea^rly May 1975, at aninterrogation centre in Santiago koown as the rrDiscoteque'. snl posiil.vo.yi"dentified WiILian as the person she had seen there fron a photograph of hinsupplied by his mother. The story of Beausirers arrest in Buenos Aires and. hissubsequent treatment which vas related to her by l.ii].].iae hinself corresponds indetai] 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 theBritish Embassy in santiago. rtre witness stated. tbat she shared. a cel-t w-ithBeausire fronr mi d-l4ay 1975 to tbe beginniog of July at a detention centre vhi.chshe

-.c9uld not definitery identify but *hich she believes nay have been situated.at Cal-Ie 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 ofBeausirers arrest in Buenos Aires.

other evidence

L0. Additionsl- eridence has been ma.de available to HMG from a witness tolfiu'ia,o 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 thefoudslesker and saw hin being cond.ucted into an office at the Airport. lrhen henad.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 enquiredlatex at the chilean Embas sy in Buenos Aixes, vho told hi-m that they cor]r-d notbe]p. Her MaJestyts Government are aware that this ratter evidence concerng arlevent which occurred. outsid.e Chile, but regard it as providing significantcorroboration of a parb of the testi.mony oifered ty ottrer witnesses.

Forei.gn and Comonwealth Offi ceJune 1976

ANND( XXV

Coments the Cbilean

(Tlansnitted. to the Group by the British Government

(AUTHENTTC IBANSLATToN FRoM TI{E sPANrsH TAN0UAGE )

/0riginal :

Connents by the Chilean Secretary of Justice on the Sritish Governnent's memorandum

;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 investigationeffected by this Departnent in relation vith the presumed' iletention of the citizenittiiii"t s""t"it" ( c"lr."to Roberto Beausire Alonso), continued between the months

of November o ]9?l+ and 19?5 accorating to the statement of a Note' sent toYou? nxcel"Iency's Ministry by the Governnent of the United Kingdoro of Great Britainand Northern Ireland.

2. It is a non-retortabfe fact and fulthernore indisputable, - as explicitlyrecognized by the United Kingilomr s Note - that on November 2, I97\ the Chilean

cltizen Guillermo Beausire AloDso travelled to Buenos Aires ' Republic of Argentina '

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

".riau.ra" registered in its Divi;ion for Foreigners a,rrd rnternational Police' In the

same d.ocument is established that GuiUe::mo Beausire Alonso, of Chilean nationality'carries the passport nuller e5l+?8, his re-entering (entrance )

. to ^tl: country is not

recorded and, among otlrer things mentioned, there appears that of his identity card

nrmber ) . zuo. JUo-Z.

3, In spite of that, according to a denoninated' "Conplenentary Evid'encerr of the

Note referred to in Point 1. of this report, a vitness of Beausirers arrival to the

Buenos Aires International- Airport on Novenber 2' f97)1' vhom he kne'w, d'escribed'

"how, through the loudspeak"t"-, rt. heard hin called and' salt hov he was conducted

tbarsrd. an office of tne Airpori. I,lhen he nade some investigations ' he was informed

by an officer that there *"-" "ot" inmigration p"oblen with Beausire and that he was

nlt to wait for himrt; the fact is that such a circunstance could not have occurred

since, fron the alocunent enclo8ed', issued by the Comander General (Retired)

Juan Carlos cenovese, National Assistant Director for rrnnigrations of the Republic

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 citizenGuillerno Beausire Alonso - duly individualized. - "Enterecl into our country on theday of Novernb er 2, Ij'l)+, qualified as a tourist, transported by LAN-Chi1e.'i

)+. The Bxitish Government's Note contains the testinony ofMrs. Maria Stella Dabancens, "who previously kner^, WilLian Beausire by sigtrt",according to which "at the beginning of I9?1" she haal met and spoken toWilliam Beausire in the detention center tvi1la Grinaldi r. .where both had beendetained at that tineit.

It is pertinent to point out, in the first pface, that the"e exists nod.etention center 'Vi11a Grimal_d.iri, In this place, unseasonably and separatelyvisited by Mr. the Presid.ent of the Most ExceUent Supreme Court as well as by theundersigned Secretary of Justice, there is a quartels of the Directorate ofNational Intelligence, vhich e.bsolutel_y lacks the possibility to hotd persons underarrest. .At r0ost and in a circrxtrstantial manner, during the lapse of some hourstine, at this place there could eventually be performed. sone prel-ininaryeross-exanination of some prisoner before be:'.ng conducted. to the d.etention centersauthorized. by Decree 1\6 of the Department of the Interior, or to be set free, ina^i f^rhr- +.' -..i +r., r ^..evur vr !r vJ

on the other hand, I consider it inportant to point out ttrat even ifMrs. Maria ste1la Dabancens 'was d.etained- by virtue of the faculties conferred. uponI{is Excellency Mr. the President of the Republic by the political constitution ofthe State duling the state of siege, that occurred on Novenber 25 -, 19?1+, byDecree m.:nber 500 of ttre Departlaent of the Interiof and at the detention centercal1ed Cuatro Al-amos.

Subsequently, by Decree mmber 21BJ d.ated December 31, I97l+, of the Departnentof the Interior, the expulsion from the country of Mfs, Dabancens was ord.ered, vhotraveLled on January B, 1975, via Avianca, with destination to Colombia.

The previously exposed facts are sufficiently obJective as to subtracr. everymerit from this so-ealIed evidence, due to the proved fallacy.

5. As far as the testinony of the Witness B. is concerned, who reports hisexperiences 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 thepreced.ing point and an able to edat the following tvo renarks: a) The witnessasserts that even if he was conveyed to another place of detention - which he d.oesnot individualize - on January 3, "he continued seeing 'Boisieret daily during atleast seven days", without indicating where, how nor nhen; b) the unlikeliness ofthe narrative ascri.bed to rBoisieret flows unmi st akably vhen he says he wasarrested at the Ezeiza Airport (preceding point 3)1 arrestetl during sone days andreturned. to Chile in a niJ-itary airplane. There is no antecedent anlmhererecording the arrival of any Argentine nilits,ry ailplane lrhich cou_ld havetransported 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 ofthenr was ''8i11" Beausire; and that on January l.2.. L975 he was vith and spoke toBeausire "when they were outside for exercises and although with their eyesbandaged".

Prescinding from the reference of detention at the place he calls "Vi11aGrinaldi" (point )+, second paragraph) the fact turns out ostensively lndicativethat the vitnesses' testification is equivalent to having heard (by hearsay) sincehe could not see the person to whon he says he spoke nor can he have the certaintyas to who it nas and whether it rea11y respond-ed or not to the citizen Beausirelvherefor this sort of a testimony is obviously perishable in opposition to theantecedents previously exposed in the preceding points.

7, The vitness D. reports to have met and spoken to Beausire in the beginning ofMay, :!975., at the cros s-examination center vhich he ca1]s "Discoteque", adding thathe identified l,iiUiam as the person to vhom he spoke, by a photograph provided byhis mother,

This Lritness provides no antecedent regarding the cireurostances which pernittedthe encounter and. conversation at the referred cros s -examination center, nor thosevhich permitted the contact r.rith Beausirers rnother and the latterts identificationby the photograph which the first one provid.ed.

It seems obvious that this so uncomplete and unpreci.se relation has no otherobjective than that of reinforcing the version of the presumably detained inBuenos Aires and his subsequent secret and sumeptitious tlansfer to Chile' in no

way confirmed and, on the other hand, contradicted by the docurnent any antecedentsnroaoA i nolrr i hrr^LaA

B. The vitness E., even if she deterlrines having shared a ce]1 vith Beausire fromabout the mid.dle of May until the beginning of July, f975' that is at least one anda half month, her statement is obviously fallacious because it has neYer beenpermitted in Chile and fess has it been ordered.' that persons of different sexes bemaintained under arrest in one same ce1], very much less during such an extendedna?i^d ^f l'.irna Thic ffitngss refers that she could not identify the detentioncenter, even if she believed it could be at lrdn street 3037.

Now then, the pertinent investigation effected by this Secretary of StatersOffice, T can assure Your Excellency that thele exists no center of detention at+1.,a nt a^a i hd i ^a+ A.l

9. Finally, as far as the version supplied by the Beausire farnily integrants isconcerned - his mother and his sisters Diana and Juana Francisca - $hen two filstassert having been detained and questioned- in order to establi.shMary 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 Enbassyand afterwards they left the country together), such a version obviously appears

-209-

caused by the referred. eircumstance. This is what clearly cotnes out ofJuana Francisca Beausirers sta.tement, in the sense that $hen she lras sheltereal atthe ftalian Enbassy, since October, 19?1+, about the niddle of December of the 6aneyear 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.erdetention" is tinged. arith a marked and evid.ent subJectivism which d.oes not pemitto concede them any probatory rnerit,

r0. cONCr,usrON: rn opposition to what the British Government's Note asserts whichglves a reason for the present report in the sense that teven if there are aloubtsvhich could be controvertible alue to the euthenticity or truthfulness of anyindividual testimony or due to a point of detail , taken as a sole entirety ofseveral statements ' they erect an innense mass of evidence, which, at the jud.gementof Her l.{ajestyrs Government, can vi"tual_Iy leave no aloubt as to thatWilliam Beausire was effectivel-y placed under arrest between the previously state4dates (November, I9?4 and Juty, fr7:-)", - the subscribing secretary of Justiceconcludes that neither separately considered nor jointly, the cited evid.encesanalized in the preceding numbers, lessen the unobjectitnable nerit of thedocumentary antecedents encLosed, enanating fron official- chiLean and Argentineauthorities, in the sense that the chilean citizen Guillermo Beausire Al-onso notonl-y tTavelled to the Argentine Republic from pudahuel via Id-li-cHrLE, fLightnnmber l-26 on the date of Novenber Z, Ig7\ and entered into that country as atourist, 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 thedates 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 of11 Septenber 19?3 ne worked as an electrician in the potyester plant of therrg*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 ofhis.

"At 9.L5 p.m., three civilians returned, including the two who had been thereearlier, Two of theru rlere about \O years old and tlie third about 27' Theyagain 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' Imyself lras a witness of what happened. I4y son r.ras put into a red van, the licencenr.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 actionfor enforcement of rights (amparo) for rny son, dated 16 August, which was plocessedunder 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 spiteof my testimony as an eye-vitness of the facts, and without the couf'ts havingexercised 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 - whichhas existed in the legislations of civifized countries since the l- 3ttj century.The dossier iras referred to the criminaf court, and. the nighth Supelior CriminalCourt began an investigation into the disappearance of my son and any crinescommitted against him, (file lto, II ,225).

"In April Ig75 " r went to the Social Security Office of the Department ofNational Defence, where my son had been receiving a Navy retirement pension, vhichf was authorized. to draw. The authorization had expired, and I requested thatthey continue paying the pension, inasmuch as my son had been arrested and I didnot 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 hispension. The text of the letter stated that my son rnas probably in thet cuatro Alamos r csmp for persons held inconnunicado.

1,..

-ztI-

tton the same day" heartened. by this first ner.rs r ha. received concerning thevhereabouts of Newton Moral-es, f went to the rTres Alamos, Camp, where f wasreceiveal by the head of the--camp. Fe agreed., in pr:.ncip:,e, that my son shouldsign a power of attorney. He vent into'an .d.Solning roon where he began todictate a l-etter to sonLbod.y "t u typ"""iiuil''r

"ru"try heard. the beginning of thel-etter: 'I, Isewton Mora-Ies saavearl', ,;;t;;i". my nother,Doffa Regina de1 carnen saavedra a"r i"*p"l-i"-i"..n ry pension on ny behalf ...r.At that point, the d.ictation """ int"".i.pi"o, -rrr"".

was a heated discussi.on inthe next room" which other persons had just entered. Then, the head of the campreturned 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 toilei-articles he might need any tine,when.r left his office,.r-coura ""tu"riy

'""" -iry son at the end. of the corridor,wearing dark glasses and looking ratner" reirrarirc - He did. not give any sign ofrecognizing rne a.d r was unable to go nes.r him since he was a rirrg-or*y'orr. IIeseemed. to have a bandage under his llasses.

'iAt various times after that interview, r vent to the ce'. entr.ance to bringparcels vith toilet articl_es for ray son. rrr.y .,nur" ;;";;;.;;; in"-*"""o", o",later returned to ne aft,,there was oo

",.,"r, f.,"o;T::*:ff:"t-3;:.i;li:l;., i"Xi".;:;.::::i{J.*$,::::"r",they asked ne to r^'ait rin 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 'cuatro Alanos'. This was admiitea tythe person in charge at the sociar security office cf the l4inistry of NationalDefence, 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., andto this day r do not know the whereabouts of Newton Morales and. 'hat fate hasbefa.Llen hin.

"f tol-d all this to-lhe {udc9 of the Eighth oourt, who r^rith the support ofthe court of.Appeal itself-orderea that r,ieuiei..rt .ro"e llanso Dur6n, "t'-tn.t tir"head of the 'cuatro Atamos r ga-I,, vhich ;;;;;" the Directorate of Nationalrntell.igence (DrNA), should be summoned to make a statement. To date, he has notappeared in spite of the numerous citations issued by the Court ..."

ANNEX TXVrI

I, Berta &Lena Laporte del Solar, Chilean Passport No.issueil in Sentiago d.e chile, declsle as follows:

ginal: Speni sh/

l+57, series 833?5,

When these event s took place' I was living vith ny invalid busband and nyeldexly 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 togo *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 intoa roon where they had a long conversation. During tbis tine, a man vho came out ofthe room made two sbort telephone calls. Finally at the lequest of Miss l4orales tI 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 stoppedby 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 totheir own car. Ihe one rho seemed to be in charge of the gloup ordered anotherI'to explain things to the taxi driver'i and then asked. him if he had changed. theplate, to whiclr the otber repl-ied. in the affirnative. In these conditions we setorr at a fast pace, harrassed. vith every kincl of mockery and. threat' while tr,ro ofthen 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 thetlistance there was a noise of motor traffic, so we thought we must be not far froma main road. someone asked. our captors if they had found anlthing of importance 'to whicb one of them repliett vith an obscenity: ttSheer ... tt I remained seatedin 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- aboutour 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 ofa 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 personalbelongings of l4iss Morales. My handbag was hended back to ne vith all uy Fapers butuot the &oney, as I found. later. we vent back to tbe car and after a 1itt1e vaythey took the barrtiage from ny eyes. I took thern into my flat. My nother was

,:- .I OT].

001

sleeping and I tol-d qy husband that Miss Mora-les had decided to nrove and that theselnen 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-dhave to be thoroughly searched if it did not turn up. ft was found.. Then theydeeid.ed to look through the books and the rough way they haldi-ed ther. brought nyhusbantl on the scene; he vas present during the finaL siages of the proceed.ingsand thought it was a housebreaking. one of thera looked at the cover of a book,which vas entitl"ecl sonething like rrfieniniscences of a cuban lJoman r, and said thatsuch books ought not to be found. in any chilean house, to which the other repliedthat rrTtrey cenrt nake us change our idlas.tt The book in question expressed theviews of a wona'' who vas opposed. to the cuban r6gine. They decicled lo keep fortbenseLves a book by Fl-orencia varas on the chil_ean ceneral Roberto vi aux fronMiss Morares I orrn bookshelves. Finally, when they had r-oaded the car lrithMiss Morales I crothes' J ewer-lery and. other personar- effects, they said they lrouldbe coning back vhen rrhigher authority'r had been abre to

"oniid""- o.,r" position.

Sefore leavingn one of then I'etumed. to tel-1 me that if sryone asked iorMiss Morales r r was to ter-r then that she had gone and. that we did not kno* herwbereabouts. There arould be unpleasaat corr".qrr.n"u" i.f n,e did not follotr thoseinstructions. They did not come back. rtre nert dsy a lran who said he vas a friendof her b"other csme to ask about her; we told him what had happened. sone dayslater' Miss Morales I sister arrived, and. she, as a member of the famiry, staltedproceedings for amparo.

so far as r was concerned, the tbreats a'd stress affected. ny nervous sysremBo that r vas not in any cond.ition to testiflr personally as to the acts complainedof. Later, ny husband decided on his ovn account on 28 February f9T? to nake asvo"o state*ent et the vicarla de r,a solidaridad in santiago, setting out the abovefacts 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 tofinding out where the missing woman is ard identifying the persons responsible forthese acts of kidnapping and thefb.

(Signed) Berba Laport e

-21r+ -

ANNEX XJflTTII

,:. . . -'7/ur]'g1nat: upan].sn/

A, "f an the nother of a young daughter, a Chil-ean citizen, whose photograph andother document s are attached, and who has been imprisonerl since 6 August 19?l+ analis 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 consistingof 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 tothern, a mrrse arrived to attend. to 4r husband., vho had earfier suffered. s. heartattack. I did not notj.ce what was happening at the tirne o anal neve' iDagined thatthose persons nere fYom DINA, or that they were arresting her. She had to go asshe 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 decidedto arrest her uncl-e, Enrique E\rzaguirre Sal-as, andRina Xiroena Eyzaguire Andreoli " . .

tt

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 SAIEIfAGoand 1U.716 FRANCX, decl-are upon oath the following:

"1" That on 3I July 19?l+, I vas arrested and taken for interrogation to theprenises situated. at No. 38 Ca1le cle Iondres, SANTIAGo DE CHILE. f renained thereunt i1 16 August 1974, on which d.ate I was transferred to the secret prisoners bl-ockat the 13 Alamosr camp.

"2" That r'rhi1e detained at 38 Cal1e de Londres in SANTTAGo, T vitnessed thearrival there, as a prisoner, of l,{aria Ang6l-ica ANDRSoLI, on 5 August 191h. Fro]trthat day on, T renained close to her a,nd was able to converse r{ith her and to sleepnear her, Murie DOCI{ENDORFF and other female prisoners.

"Maria Ang6lica was called 'Pininar by the persorme] of DINA since she wassrnall ..."

C. "Deposition of Don INFIQUE EYZAGUInnE SALAS, rnarried, donicifed atl4ontenegro 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, agroup of civi.l-ians who identified themselves verb a-l].y as nellbers of the Mil-itaryIntelligence Serviee and entered. rry house, having with them ny niece,

l4ARrA ANGELTCA ANDREor,r BR,{vo ' single , aged, 27 years, a secreta"y; they asked forrry daughter I4ARTA ISABEL EYznCUflnr .UilniOlf , 2? y.."", single, doniciled at thes''ne address as nyself; as she \.:as not tbere at that tine, ny house was left underthe surveillance of a g?o up of plain clothes officers until i,riaay, ^uarrisr.

"0n that occasion she was frightened; the offlciafs of the Intelligenceservice toLd ne that she was und.er arrest, for being linked vith extrerni-stactivities . . .."

-tro-

A}INEX XXIX

*Arturo Stalin Penaloza AguileraMaria In6s Alvarado BorgelJorge Elias Adronico Ant equerasJuan caJ].os Adronico Antequeras

*Arturo Barria AranedaJaqueline Binfa Contreras

*Sonia Bustos ReyesJaine luzio LorcaAbundio A, Contreras GonzalezAlfonso B. Chanfreau OYerceMuriel Dockend.orf

Jaqueline DrouUYMartin Elguet aCarlos Gaj ardo Wold

Nestor Alfonso Gallardo

Maximo Guedda*Eern6n GaloArtemio Segundo GutierrezJoel Huilquinir

*Violeta LopezArief Martin Salinas

Nea'ton Moral"es*Gerrnan }4orenoVicente Pal-orninos

Marcel"o Salinas

PLACE

4 AlanosLondxesl+ Ate.mos (P. 13))r Alamos ( p. t3 )4 Alar4os lts. ]J/Jos-e Dgo ' CaflasLondresl,ondres and GrinaldiLondresLondres and Gri:nafaliLondres and

lr Alamos

l+ Al-amosLondres4 Alanos

4 A].a.lros

Londres)+ Alamosl,ondres4 Ala.tnosLondresl+ A]-amos

Londres\ AlsmosJos-e Dgo ' , Ca.flas and

l+ Alamos)+ Al-amos

Engl-ish/SPani sh//0riginal:

* Persons whose names fiere trea,rd arhen they rteretransfer to another Place '

ca11ed for interrogation or

Missin€! persons seen in detention in Chile

The following reflects some of the testinony receivetl by the Group during

July 19?T concerning nissing persons seen in detention in Chile'

A. Testinony of Christian Van Yurick

LAST TII,IE IIEN

August 19?4JuLy 1974Septenber ]974c--+ -n.l.'ar 'l Q7l.t

Septenxber 19?4Septenber 1974Ju].y 1P?4JuJ.y 197)rJu]-y 1974JuJy and August 19?4July and August 19?4

and Septenber to]5 October l-974

November 19?)+Ju1y and August 1974September to

15 October 1974September to

l-5 October 19?4July 19ThSeptember l-974July 19741? Sept enber L9T4Ju].Y I97)+Septenber to

15 October 1974Aueust 1971+

Awust 19?4September-October 1974

November 1974

David SilbemanTeobaLdo Tello

#Sergio TormenBarbara Uribe

Alvaro Modesto Val1ejosEdwin Van Yurlk

Hector Callet ano

Luis cuaj ardoAntonio Guido Anengual

(Sparish priest )Santiago Abrhar FerruALej andro Avalos DavisonJorge tr'uentes Alarcon

_2r7 _

LAST TIME SES{

Septenber }!fl+August anal

Sept enber 1pJ)+,oleo. ln

July 1974July 1971+ and

Septenber 1!J\July 197\July lPJl+ anct

Septenler 1pJ4Septenrber f974 an<I

October 1pl4August 1!J4September 1974 a.nd

l to 15 OctoberDecenber L975Decenber 1975Decenber 1975

PLACE

4 AlanosJos6 Dgo. Caias

Lond.resLondres arld

Jos6 Dgo. CaiiasLonalresLondres and

Jos6 Dgo, CaflasJos6 Dgo. Caflas and.

4 Al"amosLondresl+ Alanos

v lJ__La GrLma,LdaVilla GrinaldiVilla Grinal-di

B. Testinony received" from other witnesses €'/

PIACE SEEN IN DETB{TIONNAME OT MISSING PERSON

1. Jaime Enrique VASQUEZ SAENZ

2. Manuel CORTEZ J003. Eugenio Ivdn MONTTI CORDERO

l+. Iloracio NeftaLf CABAVAIIES OLMRES

5, Jorge Isaac FUENTES AI,ARCoN*

6. Juan MOLINA l'{oGoLL0NES

7. Juan carlos PEBELMAN

8. Muriel DOCIGI{DORF NAVARBEf,E*

g. Marla Elena GONZALEZ INOSTROZA

10, Hern6n Galo GONZALEZ INoSTROZA

1J-. JacqueJ-ine BINFA CONTBEBAS*

!2. Arneti a BRUHN I'XRNANDEZ

13, Alvaro VAIL.,EJOS VIILAGRAI{14. Abundio AleJandro coNTnEFAS GoNZALEZ

15. FreddY PEREZ VARGAS

T6. MaTiO CAI,DEBQN TA?IAL7. Jorge Elias ANDBONICO AIITEQUEFA*

18. Juan Carlos ANDRONICO ANTEQUERA*

19. David SILBERMAN*

20. Jos6 Hip6lito JAIA cAsTRO

2].. Mart in EIGUETA PINTO

??, Maria In6s ALVARADO SOIGEI,

?3. Ariel tr{unten SALINAS ARGOMEDO

2l+. Alfredo GARCIA VEGA

?5. !'abi6n IBAIBA

26. Alan BnUCE

27. Ariel MANCILLA

?8. AIfrCdO ROJAS CASTAfrEDA

Vit]-a GrinaldiVilfa GrinaldiViUa G?inaldiVi11a Gri.naldivi a Grinaldi

( octoter-Novenler 1975 )

Vil1a GrinaldiVil1a GrinaldiCuatro Ala$osCuatro A1a$osCuatro ALa.rnos

Cuatro Al-a:uos andJos6 Domingo Ca'fias

Jos6 Doroi.ngo Ca-flas

Londres 3BLondres 38Jos6 Doningo Ca'i1as

Jos6 Doningo CaflasCuatro A1amos

(octouer 19?l+ )

Cuatro Alamos(octoler r9?h )

Cuatro Alamos(octoler 197\ )

londres 38 \

Cuatro AlamosVil]a Grirnaldi

(22-25 J aIJrarv t97, )

Vi]1s. Grinaldi(2?-25 Jar ary r97, )

Vi1la Griraaldi(22-2, J ar]]oerv l!9T5 )

Vil1a Grirnaldi(1-15 vtarch 19?5 )

Vil-l-a Grinal-di( T-15 lrlarch 1975 )

* Testirnony received from more thsn one witness'

a/ For the observations of the Government of Chile see annex )0(X '

4NNEX ]OO(

/urrglnaJ: upan].sh/

The Permanent }4ission of Chile to the United Nations Office and. otherintensationaL organizations rrith head.quarters at Genevs. pvesents its compri.nentsto the chairna, of the Ad Hoc rlorking Gr.up of the united Nations cornrnission onHunan Rights and has thE-lii-our to transrnii, through this note, its ans!,'er tovarious questions put to representatives of the Governnent of chile dr:rj n' t-hcneetings held w-ith the Group on 26 ,luJ_y at Geneva.

During the above-mentioned rneetings, the representatives of the Gover's.entof chile invited the lrorking Group to put questions to thenx on generel or specificsituations that the croup nigrrt wistr to cririty as a result of orat or writtentestimony recently subrnitted to. it in caracas, riev york ard Geneva. Ttre rlorkingGroup having a€reed to this proposal, the representatives of chile vere asked. toprowi tle inforraation and clarification conceriing the following questions:

1' The heaLth situation in chi1e, inasmuch as the Group hacr been inforned. thatthe vast majority of the Chil-ean population vas erperiencing problens in thisfie1d. oving to the red.uetion in the Government's budgetary aliocation for healtb.2, The infant nutrition situation in Chile, inasmuch as various witnesses haddra"n the Group's attention to a groving probr-u. of in fant qalnutrition in recentyears as a resu-lt of the difficu.lt economic situation through vhich the chileanpopulation was passing.

3. fhe situation of o1d people in Chile, inasmuch as the c"oup bad been toltitilat ' as a result of the countryrs econonic situation, o1d peopie found themselvesin diffi cutt circr.:mstances.

l+' The situation with respect to the issue of passports in chi1e, inasmuch as theGroup stated. that -passports bad been issued receitty- bearing the siamp "v61ido e61opara salir deI pafs".

5. leasons for fibich the Suprene Court of Justice hatt reJected a request by theViearia de 1a Sol-id.aridad for the appointnent of a special- wisiting Suage toinquire into the situation of 31T persons who had atlegedly aisappeaiea.

6. ..Situation-of the press and. conmunication nedia in Chile since, accordin€ totestinony subn:itted to the Group, the covern!0ent of chile had. recently intensifiedits 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

Note yerbale dated 12 4ugust fplT fron the pernanent Missionof Chile to .the ltaito

-22Q-

vho bad been seeno according to witnesses testifying before the Group' in places

of detention.

Although the representative of the Government of Chile replied during the

neetings to the questions asked, we wish, thvough this note' to corroborate and

ampLify the infornation given so that it nay be on record in the aeport which the

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 invarious 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 inpoverishnentof all Chil-eans, estinated at some 25 per cent'

The resul-t of this has been a decline in the fiscaf contributions to tbe

national budget for every sector' including heal-th' We refer specificallv tofisca] cont"ibutions bec"ause the buclget for each sector is established on the

basis not only of the fiscal contributions but also of private and other kinds ofcontributions. This is vhat is happening in the health field in whieh' whilethere bas been a sma]-].er fiscaf .ootribution for the reasons stated' thecontribution from the social security fllItd and' other special resources availableto the Ministry of Health has increased'

At the s alle time, however, the Government became aware, following a serious

and. thorough study, of a consid.erable nurnbel of short -comings in this field which

were resulting in an inJudicious use of the existing resources' both physical and

human.

As a result, a neff health poliey has been drawn up and is nov beingimplernented, involving the oecentrali zation of the existing systems and a more

rational use of resources all of whi ch is bring-ing about a distinct improvement inhealtlr 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?.

?. Editorial in llye.lg4e of l-9 June 19?7 entitled "Freedorn in health" '

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 authoritiesdiscuss health policy vltfr uni,rErsity staffr.5. Statenent by the l4inister of Heal_th on the Governnent r s health policycontained in an article which appeared in n1 Mersuliq of 1g June tSZ?

"ntltf"a"Tariffs in curative rnedicine',.

6. Copy of the statement made by the Deluty l.{inister of Iiealth of Chile at thethirtieth liorld Health Assembl-y, Cer,r.,ra, i9?'T,

T' surnary of the statement mad.e by the representaiive of chile in the Third"col'rni-ttee

at the thirty-first session of the unitoa $*tions Geners-l As senbly,Itrew York, October 19 ??.

II" Tnfant nutrition

infant norbaJity is taken as an indicator of mefnutrition, the effortsthat are being nade and the successes that are being achieved by our current por-icyin this field wil-l be clear frora the following statistics.A comparison of infant nortality rates between f9?f and 19?5 gives thefollowing resul-ts:

77.3 inrant n:ortat_ity per 1,OOO births7U.0 :r f7f .5 '' rl r rr It

69 "1+ tr rt rt

60.B fi ir

5r.I+ rr r? fi rl

'I 07l1()72

7973]'97]4'I O?q

r9T6

As various publieations and studies have shor,m, chile is in the forefront ofresearch on infant nutrition and has achieved an increase both in the proteinvalue of nilk 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 Technolosr ofthe university of chile (one of the worl.'s four leading centres in this fieLd, inwhich it.has been designated as the seat of the united frations university), ,i ir.institutional oolicy is inprernented. through tne $ational corporation ( colrpau ) unathe Corporation for Child Nutrition (COftflf).

Lastly, it should be noted. that betueen 19?? end l9go, CONfN witl be at].gcatedadditional funds amounting to $5,81B"OOO to enable it to frelp in solv_i.ng thenutrition problem throu€h a national- netwotk of 29 centres.

By way of further infornation on Chilean nutrition policy, r^re append. thefolloving doeuments.

1. Article published in El l.{ercurio of I Juty ISZT entitled "Chile at thefore front of nutrition poli"vn.-

-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^ ardpopulation problems".

5. Article pubrished in El Mercurio of 19 July 19?? entitled "Private citizenso"g*ri"u ".tptigtt against n"1""#ITIon^ .

6, Article publi.shed in El' Mercurio entitled "$25 n;llion food agreenent \'Iithunlted 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 theMinistry tr g.tftit of Chife, entitled "Background and actions for a nationalfood and nutrition policY".

g. Book entitled "Chechmate to underdeveLopnent" written by

Dr. tr'ernando l{oncheberg' Director, lnstitute of Nutrition and lood Technol-otxr ofthe University of Chi1e, distribuied in the Third Cornittee at the thirtv-firstsession of the Ceneral e"*"tlfy of the United Nations, Nev York' 1976'

EI plercurio of 1"6 Jrme f9?T entitled "Chilean r:niversity

"t unIGa -tl"tions UniversitY".

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 carriedout a stuff on the denographic cornposition of the Chilean pgFufation ' from which

it energes that, out or a iotal estimated population of ;.0.65r,757 in 19??'

approximately 5.5 per cent are aged 65 y.u.""- ot ot'e"' The composition of the

population aged 65 or ove? is as fol3.ows:

are aged between 65 and 59 Yearsir r rr ?O ard 7l+ yearstr rf ,1 75 af,1d 79 yearsrr tr Bo years or over.

The above figures indicate that the proportion of elderly people in chile isreratively lolr: ipproxinately 5'5 per ""nt it a person agecl 65-or over isconsidered elderly; tpp"o*irn"i"iy 3 per cent if J person aged ?0 or over is

10, Articfe published ininstitute desi gnated seat

221"554 pexsons15\,61+2 rl

l-oo,5\1 i''t'(,873

-223-

considered el-der1y; and approxinately 1.7 per cent if a person agetl ?5 or over isconsidered elderly. This neans that, if there were any problem releting to theeld.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 bythe sane Institute entitl-ed. '?Demographic sJrd socio-economic charact€ristics of theelderly'r, which shows tbat, anong elder.Ly mal.es, appro*inately 80.\ per cent giveup 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 nightarise for this sector of the population, there is in Chile an organization knovnas the r?National Corm,ission for the Protection of the Eltlerl"y" and that a aumber ofrest 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 "Denographicstatistics on the elderly'r.

3. Article publisbed in El l.,lercurio of B Jwle 19?7 entitled "Discussion on theelderly and their probtensil--

rv. v a_Lloos soro sa].ir de1 ValidCcparture fron thc coLnt

As the llorking croup was duty inforned, in Septenber 19?6 the Government ofChile instructed its consular yepresentatives to iasue a new passport to allChilean applica,nts holding a ps.ssport stanped with the words I'Valj.d only fordepa"tr.Be from the cor:ntry" ,

This instruction vas repeated by the Governlnent in January 19?7, as theWorking 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' vhichwas attended by representatives of the Governeent of Chile, Ambassador l,{anuel Truccostated 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 forit at tbe Chilea.n consulate in Rone on 3 March 19??.

The Government of Chile wishes to inforn the Group once again that' if anyperson boLd.s a passport bearing the words I'Valid. only for departure frorn thecountry", he has only to apply at any Chileao consufate in orcler to obtain a newpassport which does rrot bear these words.

V. Reasons Lrhy the Supreme Cou.r.t of Justice reJected. the request for thealpointrent of a fisitins .iud€e

The Plenum of the Sup"eme Court of Justice. bv a decision banded dovn onFriciay, 1l+ October 1976, rejected the petition sut;ittea by the Vicaria de IaSolidari.dad in which it asked the Suprene Court of Chile to appoint a specialvisiting judge to investigate the alteged disappearance of 31? persons.

It sbould- be noted. that the institution of "special investigations" (visitasextraordinarias ) is provjded for in articles 559 et seq. of the Organic Code cfCourts; such investigations are in order, inter alia, vhen it is necessary toinvestigate met-.ers bearing on the conduct of j

"dg"" or when therc is a sipgrificantdelay in dealing vith matters submitted. fo" their attention.

ln its decision, the Supreme Court stated that the proceedings relating todisappearalces instituted in various crirninal courts bore witness to the di.LigenceaJrd cons ci entiousnes s of the Judg,es, who, moreover, are under the direct superrrisionof 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 tobe living freely in their respective homes 1 11 hid been arrested under the state ofsiege; while 3 had been dealt vith by nilitary cou"ts and 3 by ordinary courts asbeing 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, carefulattentioh must be given to the Suprene Court's reasons in refusing to appoint aspecial visiting Judge.

In the words of the decision" the Sunrene Cou::t consi.d.ered that therrinvesti gations were being carriei out saiis factorily" by the conpetent courts €ndthat it was therefore not necessary to appoint a special visiting Judge. Thus, theCourt did not refuse to carry out investigations, but considered that investigationswere being carried out satis factorily and that it is therefore not necessary toaccede 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" thecommurrications rnedia enJoy wide fYeedon, as is apparent from a sinple perusal ofthe various periodicals ard newspapers or from listening to the radio and televisionprograffmes .

This is conclusively borne out by the public discussions in nagaaines andnevspapers and on the radio and television concerning valious aspects of the

situation of Chil_e, in vhich Chileans of the nost diverse denrocratic leaningsparticipate,

The closing-doxn of Radio Ballaceda was ord.ered. on the basis ofLegislative Decree No. L697 ot 12 March f9??, r*'hich dissolved the politicalparties, a,nnu].].ecl their Juridical personality af,)d ordered their property to bedea]"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.

fhe Ad Hoc l{orking Group' througb one of its nembers ' requested fultherin 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 BrucenArieL 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 hadbeen detained in Chile.

The Govelrrment of chile is able to give the following information on theabove-nentioned persons.

Jorge f'uentes Alarc6n

As the Division of Hr]man Ri8hts has repeatedfy been inforn€d in a nDmber ofnotes, this person has not beeh detained in Chife.

Moreover ' as the Cornnission on lluman Rights rqas inforned in docurentE/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 incriminal acts investi.gated under case llo. \03/13.

According to press lceports, he secretly left the country' with a Costa Ricanpassport 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 testifiedbefore the Group, in a press interview published in the periodical L'ExpIeEg ofzu-zo lecemDer _Ly I o.

ftre Govemnent of Ctrile is at present taking steps to obtain furtherin 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 thatJorae Tsaac !'uentes Alarc6n has been seen in a place of detention in Chi]-e '

Situation of some rnis some witnes s estt

-110-

Davi d Silberrna1

Ihe second nilitary district of S€ntiago carried out a Judicial investigationof his disappearance. 0n 2 Septeniber l976, it ortlereil proceed.ings to bediscontinued on the grounds that it lras not conclusively provett that an offence haalbeen conndtted. in connexion with the events vhicb had caused the proceedings to teinstituted. 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 thesarf,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 bypersons 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 inSantiago. 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 issuealby Judicial or security authorities.

The Government of ChiLe has no infornation ia addition to that alreaQrsupplied, and. once again reiterates that the above-rnentioned persons have not beeadetained 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 beeninstituted. in the cola5retent Criminal Courts. As soon as we obtain any furtherinforaation, $e shall- transroit it to the Division of Hunar Ris,hts and the Ad. I{ocI,Iorking Group.

In ad.dition, as the Group vill b€ aware fro!tr the various reports whi ch it hasreceived fron the Government of C?rile, al1 the cases nentioned in its notes of2? 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

-Ei_Laas AnorDnrco

carried out conceming the nalles on this 1j.st and the lreliEinary resu]ts haveaheady bee! conmulicated both to the International Co@ittee of the Red Cross andto the Working Group.

The Governnent of Chile wishes to drai'r the attentim of the trIorking Group toa number of questions which have been raiseal atld vhich relate to technicalproblens, such as the econondc, nutrition and. health situation in Chile - problernsthich "re perhaps not strictly relevent to an analysis of the so-called "Irresentsituation of humsn riglrts in ChiLe",

In this connexion, it should be noted that interested persons or bodiesfrequently 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 ofCtrile, there are internationd,l- orgenizations " such as the Internati onaf MonetaryFund, UNICEF (vhich has its regioaal head.quarbers in Santiago) and !1H0, whichpossess a]l the d.ata and Btatistics necessary in order to be able to compare andevaluate the resul-ts of ali fferent policies adopteA at different tines and toreJect superficiat judgenents whose sole purpose is to attract attention by neansof a nisl^eading approach ard inaccurate data.

The Pemerent Mission of ghile reiterates to the Chai ruan of the Ad IIocWorking Group its villingness to supply such infolnation as he may require for thernore efficieat ful-fiLnent of the Grouprs msndate, and truats that tbe inforrnationcontaineci in this note and the annexes thereto v"il1 be duly reffected in the reporbvhi ch the G"oup is to subuit to the General Assenibly of the United llations at itsthirty-second session.

-228-

ANNEX x)Ofi

/Ori5ina1: Span i sh-/

I am the rrid o',r of GUSIAVO HUI4BXRTO CASTRO HUBTADO, 5\ years of age, identitycard. No. 1583213 issued. in Saatiago, a cooper by occupation, wtio voufa appear tohave been assassinated on 1\ Septerrb er I9T 5 by the Military covernment in Chilesimply because he was in sympathy with the Constitutional Government ofSalvador 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 intentsaJrd purposes raided, and ny husband. rras taken avay to an unknovn destination, Thepersons who detained him stated that they were rnaking investigations i however, theydid not produce any search warrant or order for the arrest of ny husb&nd. The sar0eday at eight in the morning the house vas again broken into ard r was told that hevould be inprisoned at the rrEl- Bosque" Air Force base, and that r vould be infornedof the actual, place where he was. As I got no arswer, I lodgeal an application foranparo on 4 september 1975 with the High court, This vas rejected wiihin a nonthon the grounds that the eatte" vas in tbe hand.s of the then Minister of thernterior, ffho asserted that he 1oas not holding ny husband under arrest and had. noknor+1edge of hin. As r obtained no inforrnation of any kind fron sEt{DE (NationalPrisoners 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 twosons, had. been an eyewitness of nxy husbandrs arrest. In appealing, I repeated thatthe individuals vho made the arrest belonged to the Air rorce, ana'r thereforeasked that the Air Force public prosecutorrs office be informed. official"l-y, so thatinformation couLd. be obtained about his detenti.on. r can testify that he vasimprisoned. at the Air Force with tr,ro persons who were with him and. who today are atliberty in sved.en, and whose personal paxticulars are as foLl-ows ! Mario Eduard.oPizarr:o Tor"res, identity card. No. l+l+?ffgf issued. in Santiago and Genera AppelgrenDonosor identity card. No. l+OOl+375 issued in Santiago.

0n 12 llovenbe" l-975 T was informed in the Court of his death, through astatenent 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 inthe neantine connnitted suicid.e, facts rhich wou1d. be investigated in proceedingsconducted by the Air lorce public prosecutorts office. The proceedings - case1lo. 123-75 - were to all intents and. purposes a farcer since the counse]- for theprosecution 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 bydecision of 6 January L976 by the officer in charge of the combat conmando, r saythis because the certificate issued by the Institute of tr'orensic l4edicine gives tirecauses of his death as cervical asphyxia, thoracic traumatism and traumatisn of theloner extremities. The autopsy was carried out on B October 19?5 byDoctor t-obar Pinochet, and a copy of it is in the possession of the rnternationalRed Cross ,..'r.

Gustavo Hr:mberto Castro Hurtad.o

-220-

A]{NI]X XXXII

Statement nade by Mr. Genaro Sernardo Appelgren Donoso

rrf wa.s arrested on two occasions bv the Air Forcehouse 1Ias s ea,"ched..

On the first occasion I was arrested at qf home on 2! Septenber 19?3 a,rrd takento El Bo$que Air Base. ThTee d.ays later I was transferred to the prison carop atthe National Stadir.rm. I vas refeased., with no charges against me, on12 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.din solitary confinement for 28 days. On 1\ Octobe", f was released fron solitaryconfinement anal ta.ken to the Tres A]amos prison camp, where I was able tocormunicate uith nembers of my fanily for the first time. On 2T November 1975, Iwa.s transferred to the Melinca prison camp at puchuncavf, ard on 11 June 19?6 ivas released with no charges against me.

Both tines L/hi1e I was at E1 Bosque Air Base f was eonstantly questioned andbrutally tortured by the usual methods. r was kept starcting for six days and givenno food at all. I rras hung up by ,'y hands and feet constantly, and while f was inthat position electric current vas continually applied to qr body. I was beatenvith various kind.s of bl:nt instrlments until- T l-ost consciousness. r still havethe narks on ny body fron these tortures. In 4r case, the type of torture usedmost often }ras the on6 cal1ed tl,a lora' in vhich the prisonerts hands and feet aretied together, an iron bar is passed betseen the feet and. he is s1'ng up totalJ-ynshed. Then the blows began end electric current was aptlied to the nost sensitiveparts of rV body.

During ny detention at El Bosque Air Base in Septeober 1975,I vas withArsenio Leaf Pereira and Gustavo Humberto castro, vhon r knew personalty. Thefomer 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 forenforce[ent of rights (amparo), which were rejected. by the supreme cor.rrt, while theMinistry of the Interioi aenl"a that f ffas being detained, which was conrrary rothe rules relating to the detention of individuals laid dornrr by the MiliraryGovernnent Junta itself. Photocopies of these documents antt of ny certificate ofrelease from the National Stadiun are enclosed".rr

, -'7/ ur]-gr.naJ: Spanlsh/

Intelligence Servicb end ry

-230-

ANND O (III

/ur1g1nal: Span1sh/

Republic of ChiLeI\4ini6try of Foreign Affairs

the ltlinistry of Foreign Affai"s presents its complinents to the &bassy ofthe United Kingtlon and has the honour to refer to Note No. 18/2, dateitT August tpJl+, relating to Christiau Van yurick, Edrin Van yqliq! and his wife,3arbaraUribe,inthichtbeirre1ativesand'your66-a-ssyruqu.stinfonnationconcerning their whereabouts anal their state of healtb.

The Mini is able to inforn Chilean authoritiesconsult

The Ministry of Foreign Affairs takes this opportunity to reiterate to thefubassy of the Unitetl Kingdon the assurances of its highest consideretion.

SAMIAGO " L8 August 1!J\

that the

REPUBLIC OT' CHILECOVMNMINT JUNTAMINISTRY OF THE II\IIERIOROFFICE OF THE LECAL COUNSEL

0F. Conf. No. 29\ / 2L-F-21Ant. 0F. Conf. ltro. 1677 L5 July ]9?\

Court of Appeals

SubJect: Beport on the person in question

Santiago, 8 Aueust 197!

FROM THE MTI{ISTRY OF THN INTMIONTO THE PRES]DEIiIT OT' THE I COIMT OF APPEAIJS

Referring to your comunication No. 16?T of 15 JuLy I9?4 relating to theapplication for action fo! enforceEent of "ights

(anparo) made in documentNo. 731-?4, f have the honour to lnforn you that @uflsta Van Schouren Vas

lhe person in question has thus not been detained by oraler of this Ministry.

Accept, Sir, ...

( Starnpea and signetl )

RAUL BENAV]DES ESCOBAR

MaJ or General-I{inistry of the fnterior

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ANNEX )OAff

to the Sec retarY-Genera.lsit-in strike at the Economic

Conunission for Lat

: Spani sh/

We are declaring this hunger strike because ve cannot go on 1la1t1n8. Mernbersof ou-r faniLy have been detained and heve disappeared at alifferent tines and indifferent parts of the country. In all cases, the ttsecurity setvicesrt of theGovernment, in particular the national intelligence agency, DINA' have had a partin the detentions.

Tn all cases, the authorities have denied that the detentions have takenpl-ace or have given conflicting explanations, despite the existence of many andvaried witnesses and. in sone cases lega1 docr.&ents - in short ' overwhelrningevid.ence of the d.etentions.

In alI cases, the aforementioned intelligence services have placed obstaclesin the way of the investigations into the disappearances, where 6uch investigationshave been conducted, and in nany cases they have put direct pressure on therel-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 judicialauthorities have failed to yield any positive resuLts.

In all cases in r^rhich persons have disappearetl - with the sole exception of^ovl^- ^^h+,^y^- rn^rr1i.. r.rho has stil1 not been releasetl - defence funds have beenroJ rraf L\jqt

withheld "for lack of information", according to the courts.

In all cases in vhich ve have lodged responsible protests the members of ourfamifies disappeared roonths or years ago and. we do not know whether they are aliveor dead, and this means tragedy and uncertainty for e&ch hone. What enormouseffarts 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 vayconnected r,rith our tragedy and vho might be ab:l.e to help us. We have app"oached tand obtained interviews with, a vast nrmber of persons' official-s and others,civilians and nilitary, judges, ninisters vith various portfolios. lle have spentcount]ess hour s waiting in antechanbers and el-sewhere; sometimes we have beenreceived vith deference and at other times we have been harassed and. hlfldliatedl'" irrni nr

^ffi.ial c

How much has been done by the chr.rch and the clergy in solidarity, frompersonal assistance, expressions of solidarity and hoper lega1 support andassistance in the preparation of comprehensive, responsible and. soundly-basedsubmissions and their communication to the legal- and executive autho"ities tknowledge of which has sometimes reached the public. And all these efforts' for

/0rigina1

vhich ve are deepl-y gratefur, have been nade with a view to locatinr these nissinqpersons' 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 solidaritywith_us, covardly physical attacks haie bJen naoe on the aged nother of one of themissing persons, on one of oul ]ar{yers, on an ad.olescent girl ... And with allthese 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 thetine has cone to.say, "Enough." And in order to put an end to our tragedy and. asa means of ensu.Ting the cessation of these "inexplicatte" cases which ieap shaneon Chile in the eyes of nationaf and international public opinion, we aredeclaring this bunger strike.

This is what ffe are asking:

(1) r^Ie denand that all the cases of missing persons should be cr-eared up onceand for afl-. The acts that we have denounced represent "il1ega1 arrestsr,ttkidnappings t', offences and crines, vlrieh violate the precepts of 1aw and noralityand 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. bytheil colfeagues at work and in many cases elected representatives or l-ead.ers oftheir coumunitiesn trade unions, universities. There is no offence, no e.rror, nogror:nd for accusation against then.

The reliable lists are those vhich anpear in the responsible submissions nad.eby 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 thoseresponsibre to produce the nissing persons listed in those subnissions. I,tre d.emandthe truth.

(2) i{e demand the establishnent of a comission of investigation, consisti.ngof eminent persons of irreproachabfe noral character fron Chile and othercountries. we cannot continue to hear irresponsible explanations, prorni ses forthe futu.re' conmitments to undertake forrrrar investigations, which never cone toanything. nven less can we continue to toferate the ftrave of lies and distortionson the problen put out by some eonrnunications media.

If the Chilean authorities recognize the position and competence of anorgani.zation such as the united lrlations, there is no reason why a comrission withunited Natlons backing and vith the status which it wi.rl derive from the erninentpersons 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 itsinvestigation, vi11 be able to receive a1t the infornation which we have and. tohear any vitnesses vho wish to nake statements, as well as any evidence there naybe 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 forourselves, the reletives of tbe nissing persons who have done and are Ccirg notrrlt'gmore than anyone in a sinilar situation vou-ld alo, namety r,Iaking every sacrificein order to find our loved ones.

\,Ie cannot, in short, continue in a situation which bas rightl-y L:een describedas ttworse than d-eathrr, tbe uncertaintly about our rnissing relatives, about theirlives, the well-founded presr:mption of the suffevings to which they are beingsubJ ecteal.

lfe cannot perrnit these facts to be passed. over in silence, or those who havedisappearecl to be forgotten, ot hope to be 1ost, nor can r,re, through our passivityor our silence, allow this to occur. Past or future d'isappearances are the mostinhurnan 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 theguarsntees to life anal human rights. Their continuation can make us allcollectively culpable, trrrn us into a people who wj1l have learned- this truth toolate lrhen the lives in jeopardy can no ]-onger be saved.

For all these reasons, ve declare this hunger strike- For the love of our

"elatives, out of fespect for 1ife, liberty and hurnan dignity, ve shal1 find then.

(signecl) BELATMS OI' THE MISSING DETAIIIEES

Santiago, ]-l+ June 19?7

-239-

ANNEX NOffI

flom thethe 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 andto leave the headquarbers of the United Nations in Cbile peaceflrlly'

2. We express our deepest thanks to the United Nations ancl particularly toMr. Kurt Waldbein and llr. Errique IeJ-esias for their unfailingly caLm andhunalit a.ri an attitude, for their good offices in the search for sol-utions ' fortbeir 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.-visthe United Nations ard its Secret alXr-Gene?al vith regard to the provision vithin areasonable period of tin0e of the infomation in their possession concernin€ thefate of each of our nissine relatives.

\. We reiterate that we shal1 renain in the cormtry' confid.ent that theeiuarantees giwen by the Gove"nnent to the United Natj.ons vith regard to our personalsecurity and that of our refatives will be respected.

5. lJe express our hope that progress will be naale in taking appropriate neasuresto elucidate the fate of any other person concerning whom the United Nations is inpossession 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 wifeMarfa 01ga Flores Barraza, who has also ilisappeared, his grandchildrenVladirlir Henrf quez Araya (aged L5 ) , Ninoska iurrrf q"., Ar#" (re;d 9l ;"aEduardo Araya Rojas (aged 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 Santiagoblindfolded on the floors of the vehicles they were using; tne nert day, theyoungsters 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 court ofSantiago.

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 vhodid not identif$ thenselyes.

3. Carlos Alberto CAInASCO MATUS

At the tine of his arrest, he was vorking for DIIiA in his capacity asLance-corpora.L ln the chilean Arny; he r.'as arrested at his home in the presence ofhis family by two DrNA offieials, rabo said. that he was needed at the Tres Alamo scaJlp; on 15 Me.rch 1975, a DINA official visited the house to take back Carrascorsservice weapon, leaving a certificate in which he was d-escribed as the bearer ofidentity card No. 886!; this official telephoned ca*ascors father on i-6 rtlarch lg.ljend 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 Rolando caray, conmander of thesa'tiago garrison, stated that rrcarrasco Maius conmitted the crinl of desertion onI Apxil 1975 ana vas discharged by DrNA; his file was submitted to the office of thesecond l{ilita'y Prosecutor, proceedings a}e being instituted against him undercase 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 beenimprisoned ruith carrasco at the vi1la cri.mJai. carrasco vas arrested on14 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 publichighway 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]ichighway folloving an accid.ent al3d to have been taken away in a sky-b1ue car' on3 Novenober 19?6 .

7, Jos6 Enrique CORVAI4N VALENCIA

Profession:

AUeged circlmstances of arrest: said to have been arrested at about 12 noonon 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 Silvasaw her a"rive the sane day at the latterrs home accompanied by an unhnovn persond-ressed in civilian clothes who emerged with both of them sJId- left for an unknowndestination, 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 herhusband Bernaldo Araya Zuleta, vho has also disappeared, her erandchildrenVLarlinir Henriquez Araya (aged 15), Ninoska Henrlquez Araya (aged 9) andEduardo Araya RoJas (aged 9), snd her brother Juan Flores Barraza, (aeed 59); thear.rest r4'as carried out by DINA agents, rrho took the whole group to Santia8oblindfol-d.ed. on the floors of the vehicles they were using; the next day, theyoungsters 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 ofSantiago.

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 AssistantTeachers.

1II. A]-icia HERREnA BENITEZ

fuofession: housewife

ALleged circunstances of arest: said to have been arresteal at her hone on

Profession: d.octor

Al-legeal circr.mstances of arrest: said. to have been arrested on the publichighvsy at about 11.30 p.n. on l+ August 1!f6.

l+ August t!J5.

L). rvall bera1o

^1, --11J-

16. Mqrio Jesds JUICA VEGL

Profession: driver

Alleged circumstances of axrest: said to have been arrested on the publichighway 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 publichighway 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_lawMaluel Guillermo Recabarren Gonz6lez and her snal-l son, only two onal a half yearsold' vho was found aba.ndoned in the street. They were arreEted in ttre presence ofseveral neighbo'rs in the inmed.iate vicinity of their home, right on the street, byseveraL policemen carrying sub-roachine guns, and vefe put into a citroen 2cv. Thefolloving 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 publichi.gtrvay on 11 August 1976.

Former ]-ead.er of CUT

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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?6by persons dressed. in civifiaa clothes lfto <lid not identily theEselves and whowere using a Peugeot.

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 19f5by pexsons dressed. in civil"ian clothes who did. not identify themselves anal who wereus ing a Peugeot .

27. Luis tui1io RECABA-RREI{ GONZATEZ

Arrested. on 29 April 1976 in the imnediate wicinity of his home with his vifeNaLvia Mena Alvarado, his snall son aged. two and a half and his brotherManueL 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 beingput 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 publichigbway after 9.30 p.m. on 2p Apri.l 1976, toeether with his brother andsister-in-1aw, by persons dressed. in cj.vil-ian clothes who did not identifyths.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 publichighway 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 publichighway 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 publichighway 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 publichighvay 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-soarrested..

-2\5-

ANNEX XXXVIIT

Note verbale dated 26 August tgTT from the PernanentMission of Chile to the United. Nations Office atGeneva 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 andother International Organizations at Geneva presents its complinents to theChairnan of the Ad Hoc Working Group of the Comission on Human Rigbts abd has thehonour to refer to various queries raised in a letter dated 16 August €nd. in thecourse of the recent neetings,

In a letter d.ated l-6 August 19?7, information was requested from theGovernment of Chile on the arrest of six women who had orgaltized a d.enonstration iafront of the Supreme Court of Chi1e, in Santiago.

fn this connexion, the Pernanent Delegation of Chile is able to infom thellorking Group that, on 12 August f97?, when Mr. Terence Todman, the United StatesAssistant Secretary of State for fnter-American Aff,airs, was on his ray to theSupreme Court of Justice to see the ?"esid.ent of the Court, a g"oup of womencarrying placards referring to alleged nissing persons caused a itisturbance in thestreet. Policemen from the Santiago Thirtt Police District I'ho rere at the sceneproeeeded to arrest seven vomen and two men" who were released after ro€Iingstatements at the pofice station.

Approxirnately an hour elapsed betI,.een their arrest anal their release €nd thiswas 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 atJuan 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

Caruen Arriagada Jerez, l+2 -years of age, married, Chilean, housewife,rdentity card 37o95h? Sartiago, fiwin! at pasaje Beliria I?z,,, La pa1ni11.a,

Conchali

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

Violeta Zufiiga peralta, !3 years of age, rnarried, housewife,rdentity card 39t+215r-3 saniiago, 1i"i;; ;; vi'la Grandy, Av. sur 639, MaipfErnesto Escudero Arancibia, 6J years of age, journalist,Id.entity Card t-022182. S^ntiago," ftving ";"viua Macu1,cal]e Augusto Winaer )1158.

This incident, vhich is purely a police matte", together with the prompt,releaae of the persons who caused the -aisturtance, vas widely reported in Chile.

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E:closed is a cutting fron the nelrspaper "La Tercera,, , dated 12 August 1977.

At neetings heJ-d in the course of this week, the Group also requestedinfornation on Decree-Lav 1g77 ana th. ";;;";-;;de by the president of Chite inthe town of Los Angele" ol 1? August. A""o"ii"gry, a photocopy is aiso enclosedof the Official. cazette o_f J-3__Ausust fSfZ, "."til"irrg b""r."_im igi?,-"i,i"tsupplenents the terlm of Larar No. LZ.\2T " "o"""r"irrg it*te s."lrrity, uria'or trruful1 terb of the speech n?de _at

to: Irg"f"" ," tne president of Chile, in \rhich hereiterates his firn decision to abide iv-ilr"-pf"" for a return to normalinstitution in Chi1e, whf,ch was announced on 9 JuJ.y Last.Perr'anent Der-eSation of chile tekes this opportunity to reiterate to thechairnan of the Ad Hoc I'Iorking Group the assurances of its highest consideration,

^1, q

AI'INEX )OIEX

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 ofInfornation states that :

- ft is a continuation of the Comr:nist Ca.4:aign conducted since11 Septenber 1973.

- It proves that 'ithe country is not yet reaqy for a return to the Juridicaland political nornality sought by some. on the contrary, it indicates that thestate of energency in force in the cor:ntry is Justified by the gravity of the actsrefetred 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 theAd Hoc Working Group, and even suggests that thele is a connexion bet'ween them and

/ or'1grna-L

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 ofemergency.

It refers to the l{ational- Security Law, adding tha.t 'rthe Governnent wiLl nothesitate to use' strictly and inflexibly, "1r"

ru",," necessary to defend the nationagainst the grave d.angers that threaten it as a resu-l-t of the activ-ities of tlrosewho attack it",

During our stay in Chile, ve Learnt that two ex-detainees who were enployed. ina.workshop in Valparaiso 'were wanted by the DINA and had been folced to go intohiiling' These two ex-detainees are wiinesses concerning the 13 rrissing personsfrom Valparaiso.

Five leaalers of RANQUIL have also been sought in the provinces for severalveeks,

A gr:eat mary other cases have been reporbed which cannot, in prutlence, benentioned. There are certainly others whiih have not conre to notice, particur"arryin 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.:

1. To confuse public opinion by showing that the accusations nade are pofiticaLlylootivated and associated.- witrr thl parties that have been dissclved;

2. To atts.ck the staff of the Viceria as a deterrent;

3. To prevent or discourage the victins fron going to the Church for assistanee;

)+. 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

accused the vicaria or "obtittirrg ap;lications for aloparo on their behalf' Visitsare Baid ( even by rorr." p"i"o""i")'io tit. famil-ies-of persons who are _inprisonedor have d.isappeared to peisuacle then to sign statements denouncing the Vicaria'

The Government, in its reply to ttle document concerning the 501 cases'

cond e&ns com'nications of thal Liod ." paTt of the international 1{arxist ca"npaign '

Cases in point a:le thase of Jos6 Erasno Leiva Aguayo from 0sorno and ofCarl-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'

kessure ls brought to bea:' against Sergio Chifflelle Besnier' PTocurador d9]

Nfinero and collaborator vith the Vicaria, who is threatened wi'th disnissal fron hispost .

Serioug pressure is brought to bear on the persons lle questioned'

First case: Threats are mad'e against the children of the victim' and by

people in ca?s who *.t"tt-aii ttre tanlly's coroings and goings and insult theircolleagues o? nej.ghbours. In this particular case, the pressure begen- a veek

after frientls or the ranily who werl foreigners had visited' then ' ALthough the

daily threats n".r. ""opp.a, they have left their mark ' as the members- of the

fanily are now afraid to go out alone and are upset whenever one of then is latein retr:rning home.

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Seconil case: The telephone is used to exelt pressure by scores of phonecalls ' vhich are nade every day for nonths and have an obsessive and sonetimeshallucinatory effeet. Ihe6e terrify the victin, .who feels hunted. and beconesgentallv unbalanced ' finally giving up all his activities. Action of this kind isintended to intinidate and eventually destroy the person concerned.

Obher people who have been threatened or lrounded (e.g. August Michaud) haveheil to leave the country.

3. Many of the fanilies of persons who are nissing or in prison trave been visitedby the DrNA to make then sign statenents contradicting the lharges brought by thevicaria. lefore d.etainees are rereased fron prison, they have to sign a statementrmdertaking 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. statenentshave been sent to a bishop accusing tbe Vicaria of forcing people to nake falsegtateloentE .

rn atklition, a constant vatch is kept on the prenises of the ch'rch lrhere thework of solidarity goes on, Efforts are nade to identi.fy the people enployeal bythe.llicaria, some of them are fo]lowed. on leaving their .worh "na bffqe alents cometo 'rrequest n the help of the vicaria in order to gain access to the prenises. Ttrissort 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"oofof the authorities' concealed po.wers of intiniitation,

1.

B. T'AISE ACCUSAT]ONS MADE AGAINST lEE VTCANTA

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 vhichhe 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 intervievt'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 beenarrested by the DINA on I May and. she signecl an application for ryq on hisbeharf. 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, tothich 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 thepoLitical affiliations of the kidnappers.

3. Carlos del SOLAR BAMIREZ

He disappeered on B May on ]eaving his home. His faniLy searched everlrwhelefor hin and went to the Vicaria but did not subnit the application for 94gggprepared. vith the help of the Vicaria. In the newspapers of 2l+ Msy, a statement byCar]-os d.el Solar was printed to the effect that "IIe supported the Junta and hadbeen a lead.er of the Patria y Libertad Youth Movement rr.

l+. The case of Jos6 hasno LErVA AGUATo

On tB and 19 Marcb f977 ' farge headlines in the nevspapers announced thatincontroveltible evid.ence had come to light that a1.l- the activities of the Vicariaon behalf of missing persons vere sinply a "show to proviale fuel for "theinternatianel Marxist campaign about rnissing persons which is being conducted withgreat fanfare abroad. and particd-arly in the United Nations Comni ssion on Human

Right"tt - a person, Jos6 Erasmo Leiva Agr-rayo, Purported. to be rlmissing", had beendiscovered in Osorno where he had been living peacefully with his fanily fo? thepasr yeaf .

Aceord.ing to the press, Jos6 ftasno Leiva had gone voLmtarily to a nilitarycourt "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 Courtand of a nuber of conments in the international presstt-

The Vicaria de 1a Solidaridad reacted innediately by sending to the supreneCourt a letter pointing out that the nsre of JOs6 Erasno leiv8. did not appear andhatl never appeared on any list of nissing persons and that the information inquestion lvas false like other reports of the saue kind that quoted the names ofpeople who were said to be nissing and hati subsequently been found. in good healthbut 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 hisalleged d.isappearance. He had stated in the presence of his lavyer and of theMil-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€

Prosecutor had refused to listen to Jos6 leiva and his la]ryer ' and bad handed hilnover to the journalists .who had been invited to attend the court hearings on thatoccasion.

In his statenent, Jos6 Ebasmo Leiva Aguayo explained tbat the press hadttistorted the facts, putting vords in his nouttr that he had- never said, and thathe wished to state publ-ic1y tbat he himsel-f had never been listed as rnissing butthat his brother had. disar:r:eared. /

ANNNX ]GI

English/

Tabl-e f. Methods of torture

Chileansn=32

BeatingDirect crani al trauraElectrical toxtureSleep deprivation > 2 daysSolitary confinenent > 2 veeksStarvation and dehydration > 2 daysSexual exploitationDirect genitg.l traurnafhreatening of fandly and friendsEnforced witnessing or overhearing torbureTh?aa+< ^f ava^,.+.i ^-Hrarmacological tortureTooth tortureSr.rspension by feet or handsWater tortueBright light tortureOther forns of torture

of others

3018

l+

1052

1711

_fJ

33953

18

_ Zl Extracted fron rrTorture: 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 anceMemory and concentration ].ossHe ad.ach esS.Ieep disturbance ( di fficulty in fall-ing asleep, too much

s1eep, nightmares )Alcohol intoleranceSexuaL distr.rrbancesImpaired hearingJoint painTnroi rpd oai i

Visual disturbancesCardiopulnonary symptonsAbd^ni rl a l nei n

Chroni c diar"hoe an+ha? crmn l-^ma

Table III. MentaL disturbance

Nature

1'7

L?

1l+

446612E

l+

0T2

Clileansn = 17

PsychosisNeurosis (depression, anxiety, phobia, hysteria)Character change ( affect lability, irritability, introversion)Psychos omatic crrenge (letuargr, fatieue)

Table IV, An alternative evafuation of Bentsl- synptons

11"0

10J

Chileans

Phob i aDepressionInitab j.lity,Cornmr:ni cation

aggression, lability

05

1l_1

-2rr-

Table V. Objective findings

l,lari fest sequelae of tortu"ectrileansn=2L

ItreurologicalMentalr'-airad haa?inrrFracturesSkin lesionsPoor dental condition ( post-trarnat'ic)cait disturbance/arthrosisDi vers e

h

5

I30

10

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A]INEX )g,rl

/Originaf: SpanishZ

"fn March 19?l+, vhile f was in prison in Valparaiso, I began to feel_ pains ardwas unable to dete?mine the cause, ui"upi-1ir.t iney lao started atter i-vas tortu_Ted,rn fact, the i l-1-t reetment and. tortures'to -vii"rr

r "." subJected. more particurarlywhen r was thro*'n tiovnstairs frou trt. rorotrr--iioor to ttre second floor of thevalparaiso Navar 'oarfare.Aca..erry,

lri"ai"li.a^"ia .nitr, ny hanas ti.a l"ii"a my back:?:^"::::d "::io:s -inJuries to rqr vertebr"i ;"1;*. Belo* r shatl endeavour rog].ve sone ned.icaL details concerning the inJuries that were caused.(...)

"t.(.)

"*o""g+"*.1llHr: -The inJury in veltebrae L5 and S1 ( }:no ar , andsacrar r) took the form of'torn intervertebral

"".tii.i. as a resurtof repeated blovs fron blunt instruments, of roJ-1ing do'vn ttre stairsand. 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 inNovember ..975 at the Van B'ren Hospitat l" vJp"""i"il-"rt

".rr".astTangulation of the sciatic nerve in ,y "ighi'i"g-rr,a io tlrn"(because the_ inJury began to a..r.fop in March 197[ and I r{as onlyoperated. on in Novenber 1976)

""rrs"d it to pinctr, which prevented. nefroro walking on that leg.(b) Cervical iA.JuJ:r: The inJury in this area affected vertebrae c3 aJ)dcET; paltl;uiA,

"na ioi ;";1;", a yeax has resulted in thestrangul-ation of the trapezius in qr right stroul-de", *fri"n means Iam physi ca1ly incapable of writing, of iifting any weight or dolngany 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 in 1976,diagnosed. a.cute degeneration of the tissues in ny back, as a result of the?epeated blors f had received. in this area.

J' l ggrrpF of.tbe nagal septun: The tortures, and in more especial-ly rollingdolrn the stairs,-tore ny s eptlrn, thus preventing rne from liu.tfrlrrgnorlnafl"y, rdth all the effeits causea by upsetting the rh1_trur ofbreathing. (...)rr'his information that r an giving you in concise form can be confirned throughthe lnternationsl ned cross and. a n,nber- of ned'cal certificates, clinical recoadsa,l:d X-rays, vhich show vhat.ry physical cond.ition vas in three years and eightnonths of."imprisonment ' dr:ring which the authorities systematicauy hindered nqrrecovery. vJ s qllrqwrvqrrJ rrruu

I

-)q1-

ANNEX XLIIT

Medical report -rggaraling Osvaldo Garido

/driginal: fngl-ishz

This report has }een preparedl at the request of the patient on beha.lf of thechile conxdttee for Hr.msn Rights. He vas adnitted. und er my care at the BristolGeneral llospital as an energency on 21 April 197?. He had arrived. from IondonAirport after being releasetl frord a Chilean prison camp vhere he had. spent threeyears 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 shocktreatments and urethral tortr:re. After being beaten he had suffered haemoptys isand haenatr:ria on several OcCaSiOns. On ad.misSion his rnain synptons wer'e feferabLeto 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:inalpain. 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 tothe long-bone" of the linbs as a result of beating and. forcible hyperertension ofhis Joints.

l,lhen exa.sined on adnission he li'as found to have right loin tenderness, anumber 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 bacteriologicalinvestigation:

1. Gonococcal uretbritis ana epididymo-orchitis .

Z. lntestinal infestation rrith ascaris lumbricoides (round wo:m) " giardiala: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 ofboth hs.nds and feet, lutrbar spine X-rays ' excretion r-Eography of both kidneys '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, Metranitlazoleand ?ripsen for the ffol:n and protouoan infestations. His general conditioninproved..

t

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As aD out-petient the urethrrtis rerapsed. and requirett a f\rrther course ofchenotherapy.

fhis pEtient insiEts that he has not had volutary senrar. intercourse since1973. untler thege circuletances, it rnexr be aasu'eal that the orgenisn of gonorrhoeares. introaluced tttuiug epieodes oi int.r-r"r"nce rith his urethral No evidence ofEyphilis Fas found .

(sienea) G. LAszLo, M.D., MRcp,Consultan! Physiciag.

ANND( XLIV

i{ote verbal-e dated 1to the

from thece at Gene

/0riginel, : upanl sn/

The Permanent Mission of chile to the office of the united Nations and otherinternational organizations at Geneva presents its conpliments to.theSec retary-General of the United Nations (Division of Human Rights) and has thehonour to inforn hin that' on 12 August 1977" decxee-Lalt I{o. 1876 vas issued' Itcontains a si.ngle articl-e providi.ng that rrDecree Law No. ,27 ' of t9?4, establishlngthe 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 definedin 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 thefornulation of policies, plans a,r1d pro gralrlme s ' the adoption of measures necessary

to safeguard. national secr.irity, the norual developuent..of national activities and

the maintenance of the established' institutional order"'

rnr.^ n6r, r.^^., r.-r. j ^h is to be connected. to the Covernnlent through the lvlinistryuvuJ r wrrrL!of the Interior iarticte f) and vhose sole purpose, as has been explained ' is toassemble 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).

Articles !, 5 and 7 refer to the resources of the nev organizations ' its

corFosition, e.dministration and certain specific exemptions enabling it to importthe 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 ofintefuilence" by the word.s "National Information Agency", gives the Agency thepo""t oi "searel" vhen a court, ttin serious and urgent casest'' so orders and therei"

"ut=orr to susFect that fire-arns, m:nitions, explosives or infl"'r'rnable or

or asphyxiating chenical substances' or installations desiSned for theirmanufacture o storage or deposit, are concealed on the premises'

Consequentty, according to the above-rnent ioned lega^l provisions of article B"

the sole power grarted to this body fron the jutlicial point of view is.that of"search', i., ""rior" and. u?gent cases vhere a Court has so ordered a,d it issuspected that the substalces mentioned are to be found' on the premrses'

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Article 9 provid.es that, in cornbined operations, the i{ationat InfornationAgency wiu co-ordinate the ilational Defenci rntelligence services in volkinvolving 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 fromappearing in the court s to nake a personal statenent vhen sunnoned, but requireshim to subnit his gtatenent in the forn of a written report and uncler the oath thatthe Lav ir,poses on witnesses.

This provision, as has been said., appJ.ies only to the Director, aIl the restof 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, thel'Iational rnforr,ration Agency sha.Lr be regarated. as the succeseor of the i,lationalDirectorate of rntelligence' This provision, of strictr.y legal significa$ce, lrir-lenabLe the i{ationaJ- rnfornat ion Agency to collect any nonies that nay be orded tothe ilationa] Directorate of rntelligence, while uahing it possible, tn the otherhand, for the ilational rnfon€tion aget "y to be sued for anJr debts contracted. bythe $ationa.L Directorate of Intel-liE;ence.

, As wil-L readily be perceived., the NationaL lnfomration Agency is a new entityquite aistinct fron the i{ationsl Directorate of rntelligence; it i-acks the powers9-f ".lTu?t

possessed by the Latter, and it is connected with the Governnent throu€hthe i.linistry of the Interior.

For further infornation, this note is accoopanied by the texts ofdecree-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 WorkingGroup, the Peruanent ir{ission of chile takes this opportunity of once

-rg.io

ossurit!the Secretary-General of the United iilations (pivisi;n of Hunan Riehts ) of itshighest consid.eration.

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?3i527 of 7971+; and 991 of 19?6; and

BEARII{G IN l[I{D: the advisability of restructuring in accordance lrith thepresent 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 ofChile has decided to issue the fol-l-owing Legislative Decree:

SINGLE AITICLE: LegisJ-ative Decxee iilo. ,2I, of 1971+, establishing theiiational 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 thesaid 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 theinmediate and permanent assistance of a specialized body to collect at the national

-zot-

levef all the information it nay require forappropriate measures particularly as regard sthe Governing Junta of the Republic of ChileDecree Larr:

ARTICLE 1: There is hereby established the National Information Agency (CNI) "a specialized rnilitary organ of a technicar and. professional character which wlr-lhaYe-for nandat e to gather and process at the nat ionar- fevel, arl the infornationoriginating in the various fields of action required. by the supreroe Government forthe formulation of policies, pLans and progre,nries " the adoption of measuresnecessary to safeguard nationaL security, the nornal- development of nationalactivities and. the naintenance of the esiablished institutional ord.er.

AfiTrcLE 2: Tbe isationa.r, rnformation Ag'ency shalr- be d.irected by a generar ora bigh-ranking offlcer in active service of the Arned r'orces or of the Forces oforder, appointecl by a supreme Decree, r,rho with the titfe of National Director offnforrrration sha11 be the principal technicar- administrative head of the servi.ce.rn 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 and d.uties ofthe t'lational rnforrnation Agency shal1 be established by a set of organic neguJ-ationsdecreed on the proposal of its Director.

- The staff of the Agency shar-l consist of its own personnel ancl of personnelcoming from the Institutions of l{ationa_l Defence,

tr/henever it is necessary to engage personnel not belonging to the rnstitutionsof _lilational Defenee, such action Lust be approved by Supren- 1."""., signed. inadditicn by the lriinister of Finance. rrre i-egs.l r6gine ina trre renuneraiive rever.sof such personnel 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 Inforrnation may request the reports orpast documentation that it deerns necessaxy for the efficient fulfilnent of hisduties 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 financialrnreresr , representation or participation.

_ If this obligation is not coriplie<l vith, he may so report to the GeneralController of the Republlc in order that the tattu" ,ay apply to the viol-atordirectly any of the administrative sanctions envisaged in the statute governi.ng hisenployf,rent .

.Ru1es providing for secrecy or conficlent ialitynot interfere with the conrmunication to the National

the purpose of adopting the mostthe safeguard.ing of nationaL security,has d.ecided to issue the fo1lo$inp:

coneerning certain matters shaLLInfornation Agency of the

-zoJ-

requested infornation or past doculentation, without preJudice to ir4position on thestaff 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 fundsfrom the fo.Ilor"rinE sources;

]. Frrd.s allocated to it a.nnua11y und.er the national budget, as specified in thesection 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, forits own DurDoses.

Confidential- regulations governing the provisions of this arbicle shaLL beissued. vithin a period of 180 days.

ARTICLE 6: fn the adninistration, handling anci disposition of the publicproperty an d. f1mds at its disposal , the National Infomation Agency shal1 berepresented extraJud.icially by its Director, wbo may perforu any LegaL act fihelyto further the Agencyts purposes.

l^lith the public funds at its disposal, the Agency nay hire or purchasechattels 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 otherconstituents carried. out by the National Information Agency shall be free fromspecific and ad valoreq Customs duties and other taxes, dues and levies and, ingeneraL, fronr-E?E$-dGy collected through the internediary of the Customs as weLlas fron the saLes tax, established by article 19o of Act lto. 16,!6lL and thee.nendment s thereto and from the 10 per cent )-ery provided for in article 4l+ ofAct llo. I7 ,56\,

ARTICLE 8: In the tast subparagraph of article 19" pa"agraph (a), ofAct I'[o. 1?,798, on arms contro]., as supplenented by Legislative Decree i{o, 52f of19?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 SupremeGovernment, the National Information Agency shatl, r^rhere duties involving itsspecific function have to be perfolmed, co-ordinate the activities of the variousintelligence services of the Institutions of National Defence.

AATfCLE ]0: The provisions of Articles 191 and L92 of the Code of PenalProcedure shau apply to the i'trational Director of Information.

AFTICLE 11: The National lnfornation Agency shall be the l-ega] successor ofthe NationaL lntelligence Directorate for al-l of the settlement of estate purposes.

-to+-

TRANSITIONAI ARTfCLE: The Statutes, of a confidential nature' referred to inareicfe 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 saidoffice 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, inconversation vith Col-ouet Manuel Contreras, Hea.d of the Directolate of NationalIntelligence, he told Ee that l'1r. Osval-do Romo norked for his organization untilNovenber 1975 and then left the country.

(sisnea) Jos6 Maria ByzaguirrePresitlent of the Sulrene Court of Justice

-zoo-

A}INI]X ]Elirl

List of some persons who hare been granted visas- to leaveClile 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

30 years and 1 day "reserved"RaiI Vergara l.{eneses

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

Lui s Torres Valeria life

Xduardo Bece"ra Scttvartz life

Arturo ffufiez Quintarilla unkno$n

Juan Ca"denas Vil]ablanca 13 years

lst application rej ected;2nd approved, awaiting<i onal"rrrc nf thc?resident

"ej ected

Ist application reJ ected:reconsideration approved

reJ ected

Special Cormission hasrequested consultationvith the Fiscatia Naval

"Pedro 3laset Castro

<J1ran l{O_LOan -bernaa

Pedro Lagos Corrasco

8 years

8 years

B years

Jaine Ricardo Salazar Jeldres 8 vears

i{ote verbale dated l-2e to the

-aol-

ANNEX XLVfI

fro

Secretary:General

2!6risinal: Spanis!7

The Peruanent Delegation of Chile to the Uniteil Natlons Office enal otherInternational- Organizations at Geneva preeents its conpliment E to theSecretary-GeneraL of the United NationB (Division of Ilsan Riehte) antl hes thehonour to inforn lrin that, up to p Februery 19??, the Goverdnent of CbiLe hadreeeived 68 applieations for permission to return to the country from persons vhohacl 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'her28 are und.er stuity. A list of the persons concelned is encLoseil.

The Pernanent Del-egation of qhiLe, trusting thet thiE infomation will beueeful and receive appropriate ett ention fron the Counissloa on Huoen RiSlrtg andthe Ad Hoc Working Group, takeg tbis opportunity to renew to the Secretarlr-GeneraLof the Unitecl Nations (Divisionctr Hunan Biehts) tbe asaurances of itE higbestconsideration.

1. Requests bei.ng stu<lied:

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

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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

!A[m0'$0u] n$[l| $.1H,0H. ![EFILIACION

PERSONAL DESCRIPTION

cdduraderdentidad F.k\.3. .b.s9.'........ldentification Card I

Nacionaridad .tti) s. S.3

aoriginal: spa.nishl/

IlllD0 sot0,pAIt[^SAEIR"BEL,PAI$ 3

s€'i€ "\1 gg722

--- rnie--

FILIACIONPEBSONAL OESCRIPTION

NOMBRE DE L TITULART ^

NA$4E OF BEARER t

.\u*ru..$g1t"1eS. . .|\w"se. \y16v te,stez.eo\=.

Prolessioa

"",",",R\rnl i >s.!'!*[qirri .\t]s

&!g:, Sutrer.t otrer witnisge8 lroduced, their pasepolts sinilarlythe folloving euthor.L zed the r:si of thelr nanel: -Carlos Atberto

endorsed;Iniguez Fernsnd.ez,

SIGNATURE OF BEARER

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 (nilitaryordel) No. 107, announcing that as from that date no nevspapel' Journal orprinteat nratter mqy be issued or imported. {ithout his previous authorization '

Iustructions a!€ also given on the procedure for alpfying to the chiefof 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:

1. As from today, the estabfishuent ' issue, publi cati'on,circulation, distribution and narketing in anJr foru of new newspapers 'journals, periodicals and printed roatter in general shall require priorauthori 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' besubject to prior authori zation by the Chief of the Energency zone.

3. This bando sha11 be inplenented by the National- Division ofSocial Conmr:ni c ati on of the Generat Government Secretariat, to lthich the

"espective appli c ati ons shaJ-]. be subnitted. They shall contain the

foflolring information :

(a) Nane of the publication.

(t) Editor, director or author (as appropriate) responsible forthe publication and 1ega1 xesidence.

(c) Owner of the publication, vi tjr the respective deeds, should thisbe a body corporate.

fd) tr'r FrtuFyrr.v of nublication.

(e) Any other particulars specified. by tbe National Dirision of socialComwrication.rr

-)'t2 -

ANNIX I

Note verba.le dated , I{aJ l-977 from the pernanent Missiono! llfl]l-e to the United Nations Office at Geneva addresser

/6-ri gina.1 : Spanish/

The Permanent Delegation of chile to the united Nations office and otherrnternationaf organizations at Geneva presents its compliments to the secretary-General of the united llations (Division of Huroan Rights), ard has the honour toenclose herewith copy of the statement made by the Minister of the rnterior ofChile on 11 March concerning the social action policy of the Goverrnment.

The statement by the lr{inister of the rnterior reveals the efforts which theGoverrrnent of Chile is making to put an end to extrene poverty and to hel-p themost 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 dueattenti.on by the Conmissi.on on Hunan Rights a.nd the Ad Hoc Working Group, thePermanenl DelegaLion of chife takes this opportunity-Ti-IEnen to the secretary-General of the united Ifations (Division of H,man rights) the assurances of itshighest consideration.

STATEMENT BY TTIE MINISTEF OI' THE INTERIOR ONTHE SOCIAI ACTION POLICY OF THN GOVERNMENT

v!,oII{9 h/

Your nxcel-Iency, president of the RepublicMenbers of the llonourable Government Juntal4inisters of StateGenerals and Adrdral-sUnder-Secret ari es

r have been specially requested by His Excellency the president of the Relublicto give you some information on ttre more inportant aspects of the social actionpolicy which the Government is carrying out through the various d.epartments of tir.epublic 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-ordinationdesigned to determine and define natters relating to socia] development, which istaken as encompassing the goafs and obJectives set for every social sector anduinistry, and the fiefd of social action in the sense of thl specific programmes ofaction deal-ing with those aspects that most influenee the well--being of the peop.reand of the lower-incolle groups in partieular.

to Lhe Se cret ar.y-ceneraf

The Social- Council of l{inisters has regularized its activities, and itsnormatlve d.ecisions have been beneficial, especially for the study of suchimportant matters as budget prografining and the planning of short- ard. medjum-ternactivities in a co-ordinated and responsible fashion.

The National Social- Ca.upaign, which vas launched in 1975, has add.ed some nevprogranmes, and has al-so succeeded in making appreeiable iroprovements in thead.ministrative activities of a number of services in the course of the year. Ithas thus been possible to regulate the natural process of expansion in an efficientand appropriate nanner, pa:'ticularly in the sphere of action of the l{ational HealtnService, School- Grants and Scholarships Board, the I(indergarten Board, the AdvisoryCouncil for Social Development, the Social Welfare Departaent and the nunicipalities.

The nost ixnportant prograrnmes, which have conlinued to iroprove on their plansof 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 tochildren und.er 6 years of age and to mothers belonging to social groups ',vhi ch are1iab1e to suffer fron nutritional deficiencies. The programe has benefited thefoJ.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 proteinmixtures during the year. At the prices prevailing at December 1975, this itenalone 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, andconstart 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 thenumber of s cholarship-holders for the time being in order to concentrate on themeals prograrme.

In 1977 " the provision of assisLance has had to be restricted by comparisonvith 1976, but the Secretariat of State and Minlstry of Education I'itl- beconsidering possible shoxt-texm solutions.

The school r0eals progra.nme recentl-y launched. a pilot project in Zone VIIIinvolving the erlerimenteL distribution of pre-prepared. rations with a view toobtaining nutritional data on aceeptability, utilizatron, variability of fooalhabits ard the cost of this kind. of meal.

This revolutionary experiment vhich is being carried out in our country is thefirst of its kind in the world and important lessons can be drawn fron it for itsapplication on a r.rider scale in future.

3. Chif d.-care Programe

The Conmunity and Social- Development Division and the Advisory Council forSocial 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 vhom150'000 required. inmediate attention. fn view of this situation, it has beennecessary to revise and restructure the ad:uinistrative policies of the Kind.ergartenSoarcl, 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 arelooked after in 365 kindergartens.

Coverage vill shortly increase to \1,OOO, and it is hoped thatL05 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, unalerlegislative Decree No. 1088 of 19?5.

The targets of the general programme were as follows:

(a) with CHC funds

(b) with contributions frou MINVU

The tar.cctq anhiFvad vere as follovs:

Wi.th CHC funds

Wrth contributions fron MINVU

2,359 dvellingsr,ol> uroan estar es

_LU, lO) dwer-Langs1,\95 urban estates

2,599 dvellings2,'175 rrban estates

tr r >b4 dwe-Ll-rngs5,252 t;o"ban estates

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The 5 per cent tax on coinmerce and industry for housing261+ nilfion pesos, and allocation frou I{TIWU a:nounted to 503

The averaae national cost of a low-cost housing unit was

52,o00 pesos.

purposes yieldedrnillion pesos ,

.-r-nv i mofa l rr

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 withassistance fron the Priva.te Corporation for Socia.l Development '

\9 Aucos (rnobileshops) have noi,r been placed in service (37 in tne lietropolitan Zone and 12 in thenrrtivino 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 hygienern'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 theInterior (through the regions, provinces and coffounes ), established and inauguratedin the course of the year 3? open centres, that ?rovide food for pre-school chj.ldrenwho do not receive this kind of assistance from other institutions. The averagenr.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, Governorsand layors have made a.n outstandini conLribution to rhis prograrne, as have 3roupsof vomen volunteers and public and private charitable organizati.ons. Approxiuately10,000 children are nov being assi.sted through the Open Centres.

The largest expend.iture of funds derived fron the J per cent housing tax vasin Zone I (97 r:er cent) ancl smallest ',ras in Zone XI (10'3 per cent].

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 of58 rnilfion pesos, including 15 per cent inputs). By lebruary 197?' the nuber ofworkers had risen to 2f?,000' and the subsidy !,ras 660 pesos, or a total nonthlyinvestr::ent of 16i+,T milfion pesos (including 15 per cent-inputs). ,The subsidv willbe 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' VIIIand. the l4etropolitan Zone), through which 2OO,O0O rati.ons r"rer e distributed inApril 19?5 and 312,000 rations in December of that year.

Also in Decenber a new agreerilentDevelonmenL (/ID) to exteni- the foody, VI, VIII , IX and the l{etropolitan25O.OCO r^ef.in'.c ir' lnril nf ihiq vearl)US 1 per ke ) .

3. In the lietropolitan Zone andPEI{ l.rorl<ers have been carried. out

-)7(,-

-.^^ ^..'--^: .-.i+h |!-^ A -^^^a, l.^, fntay^of i^hqlrv d,s sri_rrru rlbqrrLJ rwr

pro8rarnne to cover nine zones (r, rr, III' IV'Zone), beglnning with a basic issue of

(l+.77 kg of food at a per capita cost of

Zones V, VII , IX and X, traj-ninE schemes forbasic ed.ucational subjects' crafts, small-

lnin

scale frrning activities, etc. These have been very vell received by the t-raineesttho h6ve benefited greatty from them. Durin8 the first .nonths of this year'n:eetinJS wcre hel-d r'rith nayors and technicr] bodies r'/ith the oir ofl extendinJ Lhe

^r 'f ha e^harra +n 5O OflO u^rLaFe in lO77

l+. fn the months precedinJ Septenber 1976. a national competition was held forthe ilininrim Employnent Prograrnrne. Its purpose r.ras to interest the general public

'the public services and private institutions in subnitting projects that villbenefit the lower-income aroups.

A total of 3BO projects \,Iete submitted, of which 35 vere financed by conmunesthroughout the country. These proJects are now in their final stages and have beenof ,-enuine benefit, particularly in the aree of lubLic hea-Ith anu in providin;etectric Dorrer, se\rer systercs, drinking lrater and other essential facilities forsma11 connunities.

5. During the adninistrative year to rrb.ich this report refers, PliI'I activi.ties inthe comunes receivecl constant injections of funds for special progranmes lrith ani;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 forthe care of persons suffering from malnutrition, etc. Altogether these haverepresented 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 ofa nunber of bodies such as the Kindergarten Boa.rd, the Schoof Grants and ScholarshipsBoard" the l\jational Health Service and the colnmunes.

Investment in PElf, including inputs and subsidies, anounted to1,332,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 theRepublic, 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 r4inistryof 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 mainlandChilo6 ancl 4ys6n, vhich is sponsored by his lxcelfency bhe Presioent of the nepublicand vilf have an immensely important effect on the developnent of Zones X and XIhelnino to hrinz thcce vAql .,nrtc .f nrrr tcrrito*. ih+^ +l-F 'noinsi.reer. nf national' r wsrJ riivv

Droaress.

There are nov 3,000 "l'lobilized liorkers'i rrorking in this area and preprarationsare being na.de to add another 7,000 through Lhe iililitary \/ork Force. The necessalyplannin5 and lrograrrnrin4 is bein5 carried out by the Army xngineering Corps, vichrrhi.h f.hp 'jinictrrf nf rl-e Tnl.erior h=s qn a-reerenL foT thc adninisLration andsupervision of these a"ctivities.

lro.rr December 1976 ta llarch of this year, 23 rnitlion pesos have been spent oninproving 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 fronthe ZanJ6n de 1a Aguada district and their settlement i.n the Corutune ofFon Bernardo. They will be provided r+ith sites, hous i nE, electTic 1ight, drinkingr,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 familiesand th. alplica-Lion of different systelns of support ior tnis type of prograrnDein Zones VI, VIl , VIII and IX.

(c) Sociql a4d civic acli1qflqs

Social and civic support activities for the benefit of lower-incomecorn:runities and, groups ha.ve been undeltaken through the Regional Intendancies withthe narLicipation of the pub-Lic services, the Arned Forces' the coumunes, thepriwate 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 minimrmfacilities and services ( arinf<ing water, electric light and sewerage) at an avera€letotal cost of 30 nillion pesos.

(") 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 forthe 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 additionalcanaeens.

r(N

I'his is a condensed account of activities undertaken through the Pitll{ between19'f6 and the present date,

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Your llxcellency, President of the Republicl{embers of the Honourable Government Juntallinisters of StateGenerals and AdrniralsUnder-Secret ari es

You have iust heard a very brief report on the main social velfare activitiesunalertahen 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 benefjtcertain sectors of the population in accordance r'rith their needs and requirernents.

Hoffever, apart from the specific pl-ans for social action, vhich are mainlyaimed 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 notyet constitute the whole of the Basic Seheme for Integrated ]'trationaf jlocialDeveloorlent vhich we are tirelessly seeking to establish for the benefit of thepeople in general, by whon it is eagerly awaited.

SociaL developuent cannot be dissociated fron economic conditions ln thecodntry ca fron our philosophy and doctrine. Our viev of social developneni isclosely linked with the great Policy of the State which j.s our guide and mentorin our efforts to achieve our goals and obJectiyes. !.tre realize that, in theeountryrs present situation, social neasures are the heart and essence of politicalaetion. 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 sectoralsocial policies in isolation" and that no progranne, hovever sound it may be, canbe clivorced fron the social cond.itions prevailine and the objectives we have setoulselves.

tr,re are al-so ar,rare that it is not sufficient to advocate the achievement ofcertain goals if these are not sufficiently well understood a.nd Lccepted by then0ajority of the people. lle must realize therefore that our first task is co uryand- bring about a chan4e in the nental oublook of the individual and of society asi" whoJ-e. Jn endeavourint to construcL an Tnte6rated and Parlicipating Socjety, invhich r11 r'lenbers vill have the same onportunities and duties, \re tnusL obviousJyd.irect the bu-lh of our resources, means and efforts tovards helping workers, wornenand children. This is why the activities that you have been informed about areessentially designed to assist those whose true destinv is to serve the latherland.

Sahti.o. ll l"4qr.h IO7?

ANMX IJ

7|O_o"ig-i"a1t Spanish/

ltre Pernanent Mission of Chile tc the United Nations office ard otherinternational organi zations with headquarters at Geneva presents its cc,mplinentsto the Secretary-General of the United Nations (pirrision of l{Drlan lights ) andhas tbe honour to refer to the situation of varior:s trade union orge,nizationsmentioned in the report subnjtted. at the last session of the Commission ofHr:nan liglrts by the Ad Hoc Working Grou! establisheal to inquire into thepresent situation of hrean riglrts in Chi1e.

ftre report of the Working Grcup (E/CIIll+/P-2r) devotes chapter V to thefree dom of association, slrd states that I'Ttre vithdraval of recognition of thelegaI personality of trade unions has been inereasingly denounced. and critieizedin recent rnonf.trs in Chile. The Working Group has been inforne tl that thefoUowing 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 Boclegaslleir 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 losDiarios EL Austral. y Gang de Temuco de 1a Socieclad Periodistica delSur; 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 didnot consul-t it nuch earlier, sincen had it done so, it would hs.ve had a ful1a.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. requestedthe Ministry of Labour on 23 April I9?\ to dissolve the corresponding trade r:nionorganization.

I

to the Secr€talT -General

In this connexion, and in accordance with the provisions of articLe \02 ofthe lJabour. code, the above-mentioned trade union organization aras d.issolyed on14 May 1974. The liquidator appointed was replaced on 1 September 1976. Itshould be nentioned. that the staff were re-enrployed. by Gildeneister S.A.C.

(b) Dindicato Profesional de Eupfeados particulares y obreros de Bodegas Weirq^^++ q l n

During 1970, Weir Scott S.A,C. went bankrupt. !.oI this reason ancl underthe provisions of article l+02 of the Labour code" a request to dissolve the tradeunion organization l^'as nade to the Ministry of Labor:r on 31 June 19?6. It r,rasdissolved on f5 Septerob er 1976.

(c) cato fesi d.eMatadero de Santiago, Santiago.

During f973, steps rl'ere taken to close the Santiago slaughterhouse, as aresult of which the trad.e union was teft without members and its acti.vities r.reresuspended. As neither its reacti.vation nor the incorporation of nev menbers 1,lraspossible for the above reason (the closing of the slaughterhouse ) a request todissol-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 onL5 September 1976.

\o,

The actiuities of this trade union had. been suspend.ed. since l_959, afterwhich d.ate it had on-ly 10 roembers. For this reason and und.er the prorrisions ofarticle 415, paragraphs 2 and 3 of the Labour Cod.e a request for tlissolutionof the union vas nade on 26 August J-pJ6, The trade union vas dissolved onJ DepternDer -19 rb.

(.) Sindicato Profesional d.e Obreros ntectricistas de ]-a provincia deiinI'or reasons of convenience, the menbers of this trade union Joined the

Sindicato ProfesionaJ- de Enpleados ?articul-ares y Obreros d.e 1a ConpafriaNacional de I'uerza El6ctrica de la provincia de Linares. tror this reason thetrade unionrs activities vere suspend.ed f"on 1967 onwa?ds. Since it was impossibleto reactivate the rmion and und.er the provisions of article l+J-5, paragraphs 2 and3, of the Labour Code, a request to dissolve it was made to the l.{inistry of Labouron 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 tothe Group that on B November f916" LT trade r:nions were dissolved in variousnor+d ^+ 'l.}]a a^"-|-.' ll

d.e

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 fu11answer with regard to the situation of these organizations.

fhe name and. situation of these oreanizations is as foLlows:

I 4., b1no]- In Distribuidora Socied.adstTibuc

Conuna d.e Santiaao.

The pronotion of several of the company's workers to the category of salariedemlfoyees lefb the trad.e wrion rith only .10 members. tr'or this reason and underthe 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 wasd.issol-ved on 27 Septenber 1976.

(l) Sindicato Profesional d.e Duefios de Establec irni. entos Comerciales del Mercadode San Fernand.o. San tr'ernando.

The actirrities of this trad.e union have been suspended since l-968. Sincethere was no interest on the part of its nembers to reactivate it' and under theprovisions of article )+t5, Ito. 3 of the Labor:r Code, a request to dissol-ve it wasnad.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:edin 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 ofthe Sindicato Profesi.onal de Eupleados y Obreros de las Rad.ioemisorasParticulares de la Provincia de Atacana y Coquirnbo, only in the fact that itappoints labour inspector l4iss Maria So1ed.ad !'ern6ndez Saavedra as liqrridatorto replace labour inspector Mr. AleJandro Labarco Gonz61ez. A request to dissolvethe 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 wasrequested. to dissolve this t?ade union because its activities had been suspendedsince l-971- and it did not have the number of members required und.er the prowj.sionsof 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 ofLabour and Social Security on Io Septenber 1976. lts activities had been suspendedfor nore than tvo years, since it had only 18 members, i.e., fewer than the numberrequired 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 theLabour Cod.e, it was d.issolved on 2? Septenber 1976.

(.) Si!{L!!qEq Incluslrial de Ia Cordpafiia Minera santa F6, d.el- Departamento deOvalle. Conuna de 0va11e.

A request for the dissolutlon of this trade union was made to the Ministryt...

(r)

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of Labour and. Social Security on 2l Septenber 1976" the union hawing been inactiveand. vithout menbers since 1966 when the parent cornpany eeased work. For thisreason and r.:nder the prowisions of article 202 of the Labour Code the union wasdissolved on l October 1975.

Dr:ring 1971, Conponentes Electr6nicos Societlad An6nina noveal to Arica, leavingonly 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, Underarticle l+1J, paragraph 3, of the Labour cod.e, d.issolution of the union wasrequested 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 Dueflosde Taxis tle Linares, and the activities of their organization were tbereforesuspended as from January 1973. For this reason and under the provisions ofarticle \l-!, paragraphs 2 and 3, of the Labour Cotle, a request for dissolutionof the union vas maale to the Ministry of Labour on 28 Septerrber l-973. The unionwas d.issolved on 4 October 1976.

The dissolution of this trade union organization was requested on28 Septenber 19?6 since its activities had been suspended since l-970 and itsnelnbers had. becone affiLiateat to the Sindicato Profesiona] de 1a SociedadPeriodistica "La Prensa". Und.er the provisions of article l+I!, paragraphs 2 and3, of the Labour Cod.e, this trade rmion vas dissolved on l+ Octoter 1976.

fesional de cultores d.ef a.nento de Fernan

The activities of this trad.e union have been suspendetl since f966, and nobudget has been submitted nor eny neeting held. Tts nembers had not paid theirdues since L95?. They have becone affiliated to the Sindicato de EnpleadoresAgricolas l4anuel Rodriquez, in San Fernando, constituted under the provisions ofI'a'n J:6.62r, For this reason, a request for dissolution itas nad.e to the Ministryof Labour on 28 Septemt er f976; it was granted on )+ October 1976-

(r)

/i \

\J /

The activities of the Molino Nancagua whi ctr vas .Ieased by the SociedadMolinera Nancagua y Maipo Li.nitada, came to en end in September 1967, when theprem:ises were destroyed. by fire. Since the corpany had disappeared, a request to

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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 )

The activities of this organization have been suspended since 1967' tr'or thisreason a request for its dissolution was made to tbe l'{inistry of labour. Underthe provisions of article Lf5, paragraph 3, of the Labour Code, the trad'e unionwas dissolved on \ October 1975.

(n) Sindicato Industrial Sociedad Constructora de Viviendas lcon6nicasTablestaca Limitada " Comuna de Vifla d.ef IJar.

The d.issoLution of this r.rnion was xequested on 28 Septerrber ]976, theSocieclad Constructora Tablestaca which served. as its base having been declaredbankrupt in 19T0. The trade union was dissolved on )+ October 19?6 under theprovisions 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.In the ssme year the comp€Jly changed its nane to rtTurismo de1 Cobre SArr' Atthat time it enployed only

"".tutt persons. Since the company did not have the

nutrber of emp.loyees required by lalt for the constitution of a trade union(25 persons), and under the provisions of article 415, peragraphs 2 and 3' ofthe Labor.rr Cod.e, a request for dissolution of the r:nion was nade on28 September 19?6. The trade union was dissolved on L October 1976'

(n) Sindicato profesional de Ind.ustriales en Cerdos del Matadero de Santiago 'Conuna de Santiago.

Dissolution of this trade union vas Tequested on 28 Septernbel 19?6" itsactivities having been suspended since Decembet ag71 Under the prov-isions ofarticte 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, boththe 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.

ato Profesional de

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 wasclosed" I'or this reason, a request for its dissol.ution was nade to the l,linistryof 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 ofHtman Rights) to conmunicate the present liiote to the president and members of theAd Hgc working croup of the connission of Human Rights established to inquire intothe present situation of human rights in Chile, and to the menbeTs of theConnission, and renews to the Secretary-General the assurance of its hiehestconsideration.

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ANNEX LII

TFItpr dFfF.t 20 Anril lO?7 frorr ir.Ada rni,]n laaders LO the Presidentof 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 unionorganizations which supported the

"equest that a cerenony be held to coamemorate

Labour Day - a request whlch was refused by the autborities for reasons vhj.ch l'eund.erstand. - respectfully submit to you a document prepared by a specially appointedconmis sion represent ing the above-nent ioned organizations.

With the frankness !,rhich characterizes the language of the workers, and l,Iithabsofute 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, andthat these measures !d11 guaraotee the fairness and justice trad-itional- in your highposition.

We are open to dialogue vith the supreme authority of the nation; ve await r'rithfaith and hope your decision on the matters vhich ve have ventured to bring to yourattention, for the good of the country, the workers and a.ll- Chileans'

Ricardo Lecaros Gonza)-ezPresident, tr'ed. ltrac. deSind.. Metalfirsicos FENSIT'IET

Juan Sepulveda l4aleranVice-President Fed. Nac. de Sind. Metaldrgicos FEIISI"IET

Presidente Sind . Profesional IENSA-I4ADEI'ISA

Fernando Bobadifl-a PisaniFra<idani r'adafa^i6n Nac. Textil FENATEX

Manuel Bustos HuertaVice-Presid.ent , Fed.eraci6n Nac. Textil- FENATEX y

President Sindicato Indust, SUlvlA-R

Teresa CarvaJal Muf,ozPresid.ent Asoc. Nac" d.e Pensionados Ley 10,383

Carlos Morales MoralesPresid.ent Confederaci6n l{ac. Unidad Obrero

Campesina U.0. C,

flernan lvrery roroPresident Nac. Asoc, de 00 de Obras Sanitarias

''ANoDos" /

-)F'1-

ANALYSIS ATD ASPIRATTONS OF TIIE V,IOBIGRS OF CHILEAFTER 44 MONTHS OF MILITARY GOVERNMENT

lNTRODUCTION

iginal: 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 thatman works. I4an has been vorking since the beginning of history.

!trhat that day commemorates is the reality of tbat far-off day in Chicago in1886 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 fallenworkers 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 vorldwhat it is through their work ' This is tfre day when, as in every other country inthe 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 serviceto 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 inabundance .

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 triedto 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 ournation? What d.o those vho have always gatbered the fruit of the eafth vith theirhands say? What do the Chj.le€n people say - this entity rrhich always lived in this1and. " 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 - throughtheir vork - to feed. and clothe all Chileans, those who have never seen themsefvesin terms of strange theories and technocracies because they do not kno$ themselvesfron 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 theirproductive and. constalt vork!

t

lur

-2BB_

llo bart, :ro financiaf institrti.on, n,J rnonetary trend. can make 3 sinlle srafk ofwheab gern-inate. burlo a bridgc o.r move a ship, without the intelli€enL pover ofhruran labour: E-rrt, if necessary, labour can do vithout money:

For this reasorr, any theory, strategy and/or policy based on money as theprotagoniiL 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 whichproduce a cancelous and insatiable growth of money for its ol'm sake. Moreover, ithumiflates man" .because it hurailiates the worker and thus humiliates and mutilatesChile as a creative entity.

Ar heart, increfore, the nation is the expression of the people, L?r"ough themany 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 collectivevork, and from it arises the hope of what we can sti1l be and what ve can dor weare sure that we sha1l d.o it if we trust i.n our native 1and, that is to say, in thepeople, in ourselves and in our worli.

To be nore accurate, ve should say that if a country is noulded by thehistorical rcrivjr-y of a people, and this activity is labour - constant, sinnple andsilent, the destiny of the nation is directly l_inked to the d.estiny of organizedlabour. The nation defines its identity in terms of how and to what extent theworkers are organized, what ttleir aspirations are, vhat they propose and what theyoffer.

Thus, the greatness or kf"etchedness of our country's destiny is very cLose_Lylinked to lhe irnportance, freed.on ancl possibilities of participation in organizedlabolr - a basic agent of nationality, which is pxesent and in the future.

There is no other basic criterion for asceataining vhether our countty isprogressing or declining, vhether it is becoming more noble or more hateful, vhetherit is beconing more authentic or is fading away.

The trade union raovement is the most authentic voice of the nationrs vorker andis thus the rnos1, authentic voice of the nation,

I,nrat ve are going to say, however, is different, trIe shou].d have liked to sayon 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 ourchildren can receive an ed.ucarion in conplete peace of mind., that their heatth isvel1 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 ofifc rjah+c r !-.+ it- ---l1crc .an mFFi. f?cat.r rt-e!. ir. n:n nrcecnj- nei-i1-igng WithOUtuar fr urL4L !crrLrr

-2BO-

problems ' thst confl,icts exist between entrepreneurs and vorkers but are discussedwith untlerstanding anal mutual

"espect, and that the government authorities are

listening to and support the vorkers.

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, totheir chief of state, a Lie to al1 those who vithin and outside our. country believein the workers of Chi1e.

All- these are the rni.ninr:n cond.itions for a man to live in dignity. These arenot onLy vords but the socia]- doctrine of the Church, on which the Governmentfundamentally bases its activity. They s,re also the words of the universalDeclaration of Hr.man Rigbts, which or:r country signed in 1!)+8.

Ivlany vil1 answer that these conditions have never been fuLfill-ed and thatpoverty has alvays existeal. This is true!

It is also true that re workers have engendered children lrho are sufferingfrom maJ-nutrition, have not attend.ed school and have lacked medical attention, andthat we have been l-i.ving in shanty tovns. rt is arso true that we have achievedmuch. But ... at vhat a cost!

How much national- history is embodied in each conquest that a€ have achievedwlth orr hand.s and our conscience, in each ner.r school, in each polyclinic, in eachtrade 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 isthe best service that ve can render to the government authorities, the ovners ofenterprises, the rrorkers, all ChiLeans and, most inportant, our own consciences.We nust be frank vith oursefves end d.emonstrate the condition and feelinEs of thenation, 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 theproblems which affect us, those vhi.ch are nost coamon aflong us, and those .which arepeculiar 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 arepoverless to ensure respect for the rights acquired with the he]'p of the presentlegislation, and r^'hen re are exercising constant vigilance in r:he face of the thxeatof red-und.ancy and unemployrrent.

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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 thatwe ltave more dignity and are able to take s. genuinely active part in the ms,nsgementand achievements of the enterprises in vhich we vork. Today" however, lre cannotsay Lhis to Lhe workers of Chile; on the contrary, in the period vhich has elapsedsj.nce the events of 11 Septeaber 1973, there have been many developnents vhich haveshovn us that the pronises to respect the rights of the rvorkers and to establishnrat 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 approvalof rhe Social Statute of rhe Enterprise.

Tiris statute was approved ruithout consideration for our statements. The mostimportant of these concerned the lack of participatiou in the administrativemachir.ery of the enterprise. The participetion provided for in the Social Statuteis merely for the purposes of information aJld consuftation, withcut any realparticipation in the decisions of the enterprise; our participation is thus merelyof a fomal- nature and does not change the unfair and oppressive structure of thecapitalist enterprise. The statute also lays dom areas in vhich information isrestricted and the executives of the enterprise can give vhatever versions they vishto the l.'orkers, vho cannot d emarrd accurate and timely infornation in couprehensiblela.nguage, since there is no provision for the punishnent of executives who do notgive such inforroation, The Social Statute does not specify what are to be thedifferences betffeen the trad"e i:nion leaders and the workers' representatives in theEnterprise Cornmittee; what is nost likely is that both groups vi11 have s irnj.l-arfunctions, and this r^rifl result in union para11e1ism.

What is sti11 nore serj.ous is that tbe Social Statute not only fails to grantto the r^'orkers participation in the administration of the enterprise, but it forbidsus to negotj.ate improvements in the structure of participation. Any imlrovementwill thus depend on the charity of the entrepreneurs, and this is unacceptable to theChilean workers.

As far as profit sharing is concerned., the statute rules out any possibilityof such a coulse; it should be noted in this connexion that the preliminary textsubnitted 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-makingand re srons ibilit ies have not been fulfilled, despite the Government's pronises,stated ever since the day iL ca"ure to power, to approve the ''three-areas project .

The participation which we have been allowed is of a soulless kind since itlacks our free support; this means that criticism is impossible.

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Without genuine participation in decision-making, there is no experience ofd.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 andfu1fil ourseLves es hrman beings in and through our work. Or:r activity cannot bereduced to the nechalical performalce of certain funetional tasks' As persons vehave a basic need to unde"stalrd the neaning of our actions and. our vork, and to helpto 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 tobe inforneti or consuJ.ted vithout particilation in the decisions which interesteveryone and without any control over the directions taken by the enterpriseprevents the responsible perforroanc e of the fr&ction a11otted. to every member of thecormunity of nxankind.

In saying this, we base ourselves on the concept of Christian huranity r'rhichtbe Government claims, in its declaration of principles, to defend aJId promote. Thesocial doctrine of tbe church has invariably naintained that without the true andeffective exercise of responsibility, expressed through participat ion ' the humanperson does not exist. We take the liberty of recalling here the vord.s ofPope John IQ(III in 4g!9l__9!_ggCigqg when he said that i.f the structures, operationa.nd. climate of an economic system were such that they jeopardized the human dignityof all ';hose engaging in their own activities vithin that system, or if theysystenatically btunted the sense of responsibility ol constituted. an inpediment tothe expression of personaL initiative in any forn, that economic system vas unjust,even if, theoretieally, the riches protluced vithin it were pJ-entiful and veredistributed on the basis of justice antl equity.

It nust a^lso be said that lre vorkers have the right to take an active part inthe economic and social organs responsible for pronoting economic and sociald.evelopment. This pe,rticipation should. be legj.tirate e.nd representative, in othervords, chosen by the workers who vou]d be represented by means of free, secret andinformed elections .

To encourage participation neans giving people a cheJrce to know aJ]d experienceobjectives and values which Justify their work and participation in the perfotmanceof 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 ofthe d.ifference betlreen workers and employees, and the incorporation of ethical and1ega1 sta"r:dards, such as mutual respect and traini.ng, in the labour contract.Unfortunately, the negati.ve aspects Lrhich restrict the "ights

already achleved by theworkers in the cor.:rse of many union struggles are more nunerous '

fhe document does not recognize the ful]. trade union freedom wrich ve demandand Ehich we lurderstand as a collective and not as an j.nd.ividual right; it does notmention the right of the trade union organization to be based on the trede union

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conDrising members of particular professions or occupations within and outside aparticular enterprise. We also desire recognition of the independence and autonornyof our trade unions, and the right of self-government through the rnachinery vhichthe 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 unionstructure 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 areharnful to the workers and militate against labour victories already achieved. wehave in nind the increase, under the terrns of aJticle l+O ot the draft code, in thenurber of hours worked weekly by some categories of vorkers, who under the termsof article 12! of the present Code work fewer hours.

We consid.er inadmissible the last paragraph of articte 203 of the draft, vhichprovides that any employer rrho resists a Iega1 order to re-enplolr a worker vho hasbeen unjustJ-y disnissed, is not obl-iged to pay hiu, compensation i this obligationpasses to the social security organization, vhich bears no responsibility for thearbitrary conduct of the employer.

Article 207 reduces the protection of t"ade pnion authority by failing toexclude trade union Jeaders faom termination of service, even for acts or causesbeyond their responsibility; in several articles the rigbt to organize ajustifiable strike is subjected to undue lirnitations; the right of the trade unionorganization to affiliate itself to international trade union institutions is notrecognized, and article 3f0, which provides that the provisions of the collectiveagreernent sha1l not be incorporated in the individual work contracts, is, in ourview, most unfortunate, especially since the right of all workers to become membersof a trade union is excluded.

Last1y, r,rith regard to the right to organize trade unions, ve shoul_d like tosay once more that there is no legitirlate or just reason to maintain in forceLegislative Decree No. 198, the aim of vhich is to keep the entiTe structrre of thetrade 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 theorganizations vhich defend the rights of the lrorkers; it is for this reason that vecall for the repeal of Legislative Decree No. 198, uhich prevents the trade unionleaders 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 unionorsanizations.

3" AGRAR]AN REFORM AND RIGHTS OF THE RT'FAL WORKEB

The rr.]Ia1 workers join the urban .worhers in calling for respect for theirrights and for the pledges given by the Honor:rable Government Junta.

?he rural workers vould have liked to say that the promises made on5 December f9?3 by the Minister of Agriculture at that time, Don Sergio Crespo, had

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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, therefono 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 conchateasentsniento (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 andequipment introduced. by the inhabitants of the alentalnienE, anci only in a fevcases is it intend.etl to provide compensation ""a-Tfril-6iffover a long period,

Ihe estetes have been returned through COBA, by a simple admiaistrativeprocedure ' ancl vithout any prior proceetlings before the competent agrarian tribunal.with the return of the aee!.tgltiglgg to thei" forner ovners, the inhabitants areabantloned. to their tatel- anE-Jrril;iting and living comunity *hich Act No. 15,6\0sought to create ie diebaaded.

We shouJ"al have Liked the egrarian reforn to continue, as the Minister saiclat that tine it l|ould, but the fact is that since 1l- september l9T3 there have beenno 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 inAct No. 16

'625 of A1:'ril 195? for tire federations anat confed.erations of rural, lorkers.

lbere is aleo the fect that agricultural enpLoyers are clisnissing long-telnvorkers and recruiting new workers in rotetion in orater to evade conpliance withthe labour 1avs. Ihe contracts ere of tro to five nonths' duration, vith the resultths,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 overtinerrithout 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; thisis e regressiou vis-d-vis Decree No. 2l+\ ot 1953, and neans that the labouractrievements of the ru"aL sector tluring the past 20 years and more have beennullified.

lbere is nore. MeDtion shoulal be nad.e of our cetegorical rejection oftegislative Decree No. 993 of May 19?5 under vhich the sharecroppers lose theirstatus aB agriculturaL wo"kers, acquir'ed untler Legielative Decree No. 9 ofJanuary 1968 eud Act No, J.7,510 of 19?1. Under the 1egis.J-ative d.ecree of theHonourable Government Junta, the sharecroppers also lose their legal guarantees and.protection and ninirnn cluration of the contract, vhile clai.ns concerning socialsecurity paynents by the enployer and otber matters h8ve to be subn0itted to theciviL courts and not the labour tribuDaLs, which means that legal proeeedings takelonger.

Ttie rural rolkers oace rtore reouest the Governnent to aive them the land in the

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forr or' acra.rir,n r. fcrm .,.-.^-or-. :'.F- '^ad t'.- '.,. -.f c ---irjl- ..,r th., lctterof Act lio, 15,6U0, and not in the form of in<livirlrral allocaticns -',rh r'ch cause llastageof belween ! ano -0 Fcr cent of culL:yablc .Ianci, vhj]c tne dirisior- 01 ,ligh cofLsincreases the difficul..l"ies invclveC in technical assistance, r'egional aod auralnlrrn'ng rFd .. .- r'!.,1 .n-nlpr.- ivc sc- :r. hw the inhaci'"ar:ts of li*,.se.l 1 i-n'..q hnr,rowe- i^:e .^t ,1ecr r^,r +h5 , ni!, ^3 -r-1. -. 1'^'. .'h'^; a{iSted bCfOTetl-e erap:'opr idc ion , cull,ivable land is saved oncr the cost e o:' fclces, roads and so onare reduced to a ninimurn, there are greater lossibilities for investment,.l^1rFl^hr.ar: ,\l'na.'n ha imnlom6h+ad +LarE ic ' }'aflar. rnr ciian

^l' .rn.q qrrihahle

eouipmer-t can bc rnaintained for vineyards, llantatiors a:d iaily ard caLtLe llrr:ing'+ha -.FLA+:-- ^r {1,- --^.1,)a1-.s jq irn-^vFl +.he -rnr,- rr. av":l'ihlF cauir.'tent andvrw!l!!lvvq!wJ:JJJII]]vYlu'vI|!Jqlle9

mpr'l.ir^-1- iq r, irlpne't ann a recl hrr-.h .^rrr.ril" iS Creo.Led"

Laslly, i\rc support rhc vicv Lhat the aericu-Ltura.l vorkersr organizations shouldcontinue tu te governeo bV rl.- provisions of Act t.c. 16,627 and statc vorkers byLhe Ad,ninislr3Live Sratucel ve have no desjre Lhat a 'arginr- tTade Jnionnroahi?.ti^h hn imnncrrl a-.in<i ^"- '. i l l

trtre should have 1ike,l to salr that we are halpy and can see that the status ofthe rural ,rcrlrer is :'mproving rafidly, but the facts poinl to bhe contrary', l/e saythis, 1oya11y and courageously, because r,re do not vish '"o deceive the Chief of Stateand 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 countryon tnis 1 May thab rre have a L&Lour training staLute r.rhich l-roviAes us vith integraltrain:'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 enactedIeaves the training of the work-ers to the goodwill of the State or the owners ofenterprases.

lle rural and urban workers r,rould like a training system administered by our owntrade union organizations, but in fact the funds intend-ed for th€ development oftTade union training and extension progranmes are being cut off. Itie are hoping thatthe Governnent vil1 reconsider this measure uhich is so harmful to the lrorkers, lihovish 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 concerningthis reforrn a-nd Lo reslecL our acquired rights.

We can only reject, and request ttre nodification of" a systen of retirement atthe age of 65 far men and 60 for wonen. These figures have been categoricallycontested by or.rr base organizations as inconsistent vith Chilean reafity"

We, the vorkers, do not agree vith the system of individual capitalizationbecause it infringes the principle of solidarily, r,rhieh is basic to sociat seculjI'y.

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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 vievto enablin6 '-lLen Lo livc In a aignifiea:-anner, The adequ:cy levels lrid dovl inarticle 2T eu seq. have Lhe disaJva lage ot beir6 sLrbjcctive since tlrey aredetermined

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idual-Ly accordinl, to incone lcvcls p,,c person and not according toa rprqnnrc .rl.ice+ irr- n-ade: thi,- n:ke.r it diffic-'r+ i-. ca'j<fw +.hF r'cF.ls of thevorkers at any given moment. A1l^ this represents a serious s.bep backvards and aheavy blor" to Lhe wolkers, especially in Lhe louc-r-incomc Aroups.

It sbould be nientioned. that indivlduaf capitafization has been abandoneC innear-Ly al I Lhe counlries of Lhe vorld by the social security systens.

Lastly, ver Lne vorKers, do not vish our fLLure to be gambled vith on theca,pital markett nor d.o we ffish to rur the risk of losing our fund.s to the financecompanies, in which we do not bel-ieve anC ],lhich we Co not trust or support. We haveserious doubts about the efficiency of the systen and even nore doubts about itsethics and norals, which shoulC arouse concern also in a Government based onChristian hlmanit]'.

The Government does not state or explain what rril1 happen to corporations vhichmake poor investnents; nor does it guarantee the maintenance or increase of thecapital omred by the vorkers, whc do not reatly participate in its adninistrationsince they are to be designated. or appointed by the Covernment.

In this respect t}ere are nany doubts aboul the system and Lhe oerticipationof 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 ofthe Inorliers and to listen to our opinions 3nd suggestions in this very inportantmarrer.

SOCIAL A]lD ECONOI'IIC ASPECTS

of the connunications media said that the Government rsd r<w udJD d6u uuseconomic policy was widely supported by the vorking class.

We wish this vas the case, but we knov that it is not. The Government'seconomic policy in no vay interprets the thinking of our organizations and theirunion bases; on the contrary, rre are convinced that it is extrenely damaging to theworkers 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 doctrinairepositions behind the model; there are nen vho have d.efined it and thus there areinterests r^rhich are protected.. Ttris is indisputable.

mL-.i ^ ^i+..-+.:^- .'^ *- '- painful to us. fn these l+L nonths ve have borne vith tiignitythe greater and uneqr-ral share of the sacrifice requested. by the Goverment.

lle, tbe r,rorkers " would vi1ling1y contribute our share of secrifice if rfeknew - through our participation - that the sacrifice was shared equitably, but thisis not the case tod.ay, The sacrifice is not shered and we, the workers, have notparticipated in the relevant decisions,

We have expressed our interest in partieipating on m:nerable occasions, becauser.re believe that we are not alien to the solution of the econonic problens. We askto be heard and to be respected.l we do not lrant our contribution to be throtn intothe wastepaper basket as on other occasions; and we woul.d ].ike to be treated in thesa,nle t^tay as the entrepreneurs.

T'rrrthermnra iho ra" -..- ^-sults €nd costs of the present Eystefi ere causing us serious

. ia- ic ^rr, ^Li] I,..,-,ren who are suffering from ltalnutrition and are if]' it isour 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<ing of something beautiful, well-alefined andfu11 of hope. We are spealcing of sonething vhich na^ke s the country vhat it is: aperson who works can bri.ng sonething home in his hand.s and can clothe " feed andAArlao+a hi c fari l.'

lvlany Chileans have no work todayi accorating to the Department of Economics ofthe 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, andit is.not only the persons consid.ered in these statistics who have enpl-olmentproblems.

Some Chileans have gone to other countries to seek work; others are atorhing inthe ivlininum Erployment Progra.me, which represents categorical official- recognitionof the probJ.em of unemplolrment,

ff ve add.ed these Chileans to the numbe" of unemployed, insteaal of 1)l ve shouldhave about 2l out of every 100 vorkers Irho have no chance to work. fhere are stiflrnore if ve consider that the working d.ays are shorter than normal or if r,Ie t€.keinto account the stoppages for collective holidays.

This whole situation contrasts sharply vith shat is happening in the noneynarket which is very active and. where high rates of interest are paid in contrastvith the 10Lr wages .

we, the naenbers of the ChjJ-ean trad.e r.rnion organizations, denand the creationof 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 urFentlynecessary for the Government to develop an investment plan in viev of the historicalfailure of private enterprise; in order that these decisions might be taken" I"re calffor a revision of economic policy, in which the workers should. be al-lowed toparticipate and be taken into consideration.

It is the duty of the State to give, or at least guarantee, vork t-o all the^i+ i rahd ^f +h6 -^r.-+r'. . Today dognas must be renounced and the investments whj.chthe cou.ntry needs must be nnade, both in the sectors of production proper and in thebasic services sector. t/ork should be granted to everyone. This is rhe only meansof achieving a J-evel- of devel-oprent in vhich we Chjleans can live together lriLhd.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 OfChi1e, we would like to end.orse the works of the Association of Tndustrial Metafworkers (ASII,ET): "tr,lhen we have a high level of employnent, nobody vilf be able toquestion the visdon of closing d or^m inefficient sectors, so that the enterprisesl.oino cpl- ,,'ra.r halfa thF lJ^rl.pl.c +.1^rv nFA.l l,-r. as Chi.Ieans we cannot but feeluneasy while foreigners are given work in Chile in the production of unnecessaryconsuner good s. "

CONSUI,{P?IO1$ AND INCOME

Studies carried out by institutions lrhich roerit the greatest confidencerelating to the basic ninirnum consumption of only 17 products by a fami-Ly of fivegive 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 onlyenough for subsistence, despite the fact that this basket in the second I'eek ofApril cost 1,12J,6)+ pesos. In the sane month the rnin irnrua wage was 1,I!0 pesos inother vords, ffith the minimum wage only 58.! per cent of the basket could beconsumed. To state the situation in cl-earer tems' peopl-e can afrord only enoughfood for 2I days a month"

In order not to lose hope, it should be rer0embered that this has not always beenthe 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 arefew r^rho can aspire to these benefits; the gxeat maiority of workers can hardlyafford even the minimr:m basket,

i,ie, the Chilean vorkers, a.Te very well aware that the econony fiiI1 only bereactivated. rnrhen the income of the most backward sectors is increased. Only in thisvay r,rill the structure of national production be able to recover from its presentserious 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' arealso vexed and angered by an institutional situation which makes such degradingthings 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 wanta 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 howin practice these relations are deteriorating day by day. fhis coul_d not beothenrise, since, protected by the suspension of r.mion activity as a result ofLegisfative Decree llo, 1,998, they have taken ad_vantage of and abused, theirprivi.J.eged situati.on.

They have placed innrunerabl-e difficul"ties and impediments in the way of tradeunion activity, ranging from ignoring the uions to attenpting to dissolve them.They have disnissed leaders, failed. to pay dues, and dismissed staff in such largenumbers that there are in some cases insufficient workers to keep the enterDriseIega11y in existence.

IIot only refations betveen enpl_oyers and labour organizations, but alsorelations between employers and the workers themselves have worsened. The abusesTange from requiring longer working days vithout paying the legal overtime rate, tothe non-palnnent of benefits and rights acquired in agreements, such as compensationfor years of service, and making a mockery of the payaent of social securitycontributions, bonuses and so on.

In the construction industry, tariffs are not respected, social securitycontributions ane not paid €"nd diffexentials sJe not coroplied vith. Furthermore ?the ovners of construction enterprises are emporrrered to contract 50 per cent of themanpower they use rmder cond.itions identical with those of the Minimr.m Etrp1oylrentPlan" In other words, they pay no social security contributions, the wage is lessthan 800 pesos a nonthj and they can disniss trcrkers arhenever they wish, evenrdthout justif ication.

Another vay in which ovners of enterprises make a mockery of acquired rights isby liquidating their enterprises in order to form others with the sartre vorkers, whotherefore 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 sectorsof production.

In vie'nr of this serious and continuing situation, the protection of the legaland political authorities has been sought. Hovever, hopes f&de when it is seen that,even after decisions and resolutions favouring the trade unions, the roanagementignores 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 ttremfrom maintaining even a dignified level of subsistence as workers and Chileans.

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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 inthe creation and planninS of Lhe historical destiny of the nation. It is"therefore, of fundamental importance to refer to the retations 'vhich r+e workershave had wibh the Government during the past )+\ nonths, since it j.s by thisyarostick that the importance I'hich the authorities attach to the labaur sector canrlally be measured.

Tbe first statements by the Govermtrent on this question made frequent mentioncf ,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' hopedthat :-rey vould be able to mahe a ccntinuing contribution by explaining theircon?ey:,s and eo-operating in the creation anti. preparation of alternative solutionsto +.he-t ,)rob1ems.

-le-::e long, however, Legislative Jecree l\o. JpB brought us doun to earth; thetrade un:cl] organization became subj€ct to Government authority, trad.e unionachievemr:r,s bega.n to be trampled upon by the entrepreneurs ' and the possibilitiesof protea'',:on became ever fever and more restricted.

Desp:-,e this, ve workers have continued to state that the authorities have aneed and or-iga-cion to listen to us, but rhc chances of this desire being fulfilledare becomi:g increasingly remote "

ihe G;vernment has asked the vorkers to give thoir upinion on certaln specificf,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 proiectsln the co::cr-ary, we cl.,,nsider LhaL the Social Statute of the Enterprise and theTocationa- 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-a1lyenauied cr Lho basis of criteria conpfetcly aljen to Chilean reality, and c.r".rtrisesp:ovisions vhich in the final analysis paralyse the career of government empioyeesand flustrate the workers I hopes of gaining prornotion.

lhe relationship between the wor]{ers and the Government thus represents adialogue of the deaf, in r+hich no heed is paicl to the norkers. However, l,heentrepreneurial sectors have every chance and- opportunity of being Leard andinfluencing the decisions which tri11 affect the workers of Chile"

UI..IIQN PARAILELISI.I

A number of measures whieh openly encourage union parallclism are causin- usparticulal concern. These include the ap1,<-,iniment of leaders, even outside tlle

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context of Legistative Decree No. 198, s.nd the call for the establistnaent rf "pureand. untainted trade unionismrl by certain persons who are in fact knovn to occupy apart icular political position.

Our efforts have been aimed at achieving the unity of the trade unionhovement; and for this reason we utterly reject all attempts to estabListrparallelisrn 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 theend,

Attex0pts have not only been made t.r intimialate €rrcl destroy the trade unionorganization by depriving it of its rights and possibilities of expression. Sincethe workers vere seen to remain faithfu-l to the trade union movenent and. itsleailers, recourse haa also been had to aIL kintls of threats and pressures to b"ingthem into 1ine.

These have included threats to trade union lead-ers ly entrepreneurs 'outlageous demands by the adrninistration, the dismissal of leaders ltith absolutecontempt for the reguJ-ations relating to the rights of tracle unions o throwingunion property into the street and violation of documentation, the fraudul-ent useof the names of trade union leaders, and the disnissal of Leaders in theagricu.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.rtherarbitrary action of this kind; we are sure that they rdll- not be intinidated bypressure and will continue to struggl-e for their legitinate social and econonicaspirations within the context of J-egal-ity and justice.

The trade union movement vill not relinquish, or alienate itsel-f fron, itsstruggle; 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 ofChilean trad.e rrnionisn: new legislation is restricting our possibilities ofexpression and organization; the power of capital is groving und€r the protectionof favou.rab].e socio-econornic struetures;, and the introduction cf a climate ofpressure and persecution threatens to silence the workers.

We look to you, Sir, to overcome this crisis for the good of our country andits 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 escapefrom vindication of claims ,

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Today, os yesterday our struggle has been conducted accord.ing to the rulescommonly accepted. I{o"trever, in the past, because of the inability .f the system torespond 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 ofresolving the struggle for power, Ttri s historical fact must be recognized. here ifwe 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.iticalfactions, a social system must be created which is capable of coping equitably andefficiently vith the real needs of the vorking people.

This soeiety must be one in which the vorkers arc tTeated as hu$an beings andnot as merchandise, and where not only the priority rights of nan and the State arerecognized, but where the respect for those rights is really guaranteed and theassurance is given that they cannot be suspend.ed or set asid.e on any pretext; vheremen 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 regularopportunities 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 workingnovement has been and will continue to be the establishnent of a democratic r6ginebased. 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 theonly real guarantee of the free exercise of their rights and aspirations. Let usremembe" that the days when the J,egitimacy of those who gcverned sterruted directlylYom the lrill of cod or the ruling monarch are past; the people alone are thedepositary 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 thusthe solution of the general problen of d.emocracy as the only way of striving tovardsa specific historical id.eal-.

Our humenistic background gives us great eonfidence in man, and throughparticipation 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 stabilityis the freed.on and equality of the children of one and the same father ' sharing acomaon fate. Hence we are interested. rathex in a type cf socia] organization whichperuits the self-expression of its members and in which internal order is based onthe idea of consensus rather thaJr the naterial efficiency ]rhich a r6gime where forceis 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 anecessaxy means of alleviating need and poverty vhich we can only overcome throughthe long struggle to give Chile a new historical destiny,

we, the Itorkers of the country and of the city Bust create democracy step bystep 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 attemptto nake the workers beLieve that the most serious problens of the country aretechnical problens Buch as the struggle against inflation, budgetary stability orthe balance of payment8, or else isotated private problems such as the sharlipractices of some trad.esnen a,nd unscrupul"ous entrepreneurs, vho take advantage ofthe 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' havetried to nake leopIe beLieve that the nain problens are of a technicaL nature. Itis an ofd trick of the oliSarchy tlesigned to keep us fron airing viers on theprobl-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 publicinterest. 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 isnot €ven a faint shatlov of that enJoyed by the entrepreneur.

The excellence of the present econonic nodel- lies in the fact that it hasIiberalized the econory, or rether returneal it to the private sector, lrithsingutar rapidity antl teuacity, Ihis has nade it inperative to naintainrestrictive 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 c1lmateof cohplete freedoml they can rneke claims with inpunity and vindicate tbe right ofprivate initiative to betone the masters of Chil-e. It is also observed that vhil-ebanks and corporations (the Bank of Chife, for exanple ) elect their boards ofdirectors, afier going through atr el-ectoral campaign, union elections are bound bythe 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 trailitionf1'on that in which ve ale living totlay. Let us be quite c]-ear: the lack offreedom 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 ofsome specific petitions directly connected with the critica.l situetion of theworkers of Chile totla.y.

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SOCIO-ECONOMIO NEXDS

(a) The introduction of a 'korkers' shopping basket" genuinely represenLingthe need-s of the chilean fanily and serving as a basis for ca-lculating vage

readjust!0ent percentages and fixing the minim.lI wage.

(b) The replacement of the tobasic vage" by the ttminimrm earnings" workerrs

benefits being calculated on the basis of the l-atter.

(c) The incomes of retired persons, pensioners and beneficiaries ofcharitable fund.s not to be less than the ninim:m earnings fixed'

(a) The Minimrm tuployment Plan workers to have their social securitycontributions 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 priceindex 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

"eform co-operativest'.

(r,) ThF orsarization of farm workers to continue to be governed by theprowisions of mi f6.525, and civil servants by the Arlministrative Statute '

(") Article 5)+ of l,egislative Decree No. 1\)+6 of May 19?5, reaffirming the

financing of the mral tr'ederations and Confederations, to be repealed thusrestorin! 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 fromdeducting more than 25 per cent of income for perquisites ' to be restored'

(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 unionorganizations,

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(b) the right to self-government through the nachinery which the unionstheroselves set up, this union freedom to opefate at all level"s, so that the ChileanI,lorkers viI1 have a national organization to organize, co-ordinate and representthem.

(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 thefo1-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 andinstitutional 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 andthreatened.

Juan Eduardo Berrios Morales

National- official of the Union of Domestic Servants, seized on 5 April I7TT ona public thorougbfaae, interrogated and tortured. Finauy, released but order eal toreport 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. throughtheir chifdren. Attempt s ar.e also made to discretlit them publicly' They receivetelephone cal1s tbreatening then with iteath, and visits are paid to their horres;

- Attenpts tbich are being nade to replace these officials bave beenfac ilitated by a 1ega1 device (a ban on re-election and official appointment of thenew office-holders);

- In any action they take' the officials run the risk of iloing sonethingi1lega1 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 offreeilom in Datters Qf olganizaliun, n(,l.,il ity and. scope of action. Euwe.vn., rriLhthe suppott of the Church, the unions are trying to pu.rsue their aetivitit inthree 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 onfl June. IIe is 50 years of age ancl is a forroer ?resident of the Interfas (TextileUnion 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 thertEl friunfo Ca,npesinott Workers Confetteration, Was seized, transferred fron onecar to another, beaten and finally lefb without his cfothes,

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ANNEX LIV

/original-: Frenc

SYIFTOMS I'OT'ND IN CIIILDRE\T WITE ONE PANS'IT I'MISSING''

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)

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. )

HeadachesNervous tic sSta'lmar i ho

Loss of hairEnuresis: a very frequent syrrptom, also found among pre-adolescents of

'I ? a'aara ^f ^

da

Affective di sorder s

- Affective inhibitions, indifference, loss of expressiveness, apathy;

- Exaggerated search for affection and attention, emotional dependence;,

h/

1.

-JUO-

- Irritability, anxiety ( p,articu].arly with regard to any change of lifestyle);

- Enotional- instability (larrghter, teers etc. );

- Phobias anal fears in certain circumstances (darkness, sirens, noctu"nalroises, uni r'orms, enclused. spaces);

- Difficulti.es in naking contacts anil establ-ishing interpersona.I rel-ationsald 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), totalor 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.ethat letters arrived fron hin. The child showed. intenie aggressivity when spokento about his father and systematicall-y reflrsed. to mention him. He rejected everykind 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 nearhis 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 anduncontrolled, antl he is enotional)-y unstabl"e. He feels very strongly that he hasno nale figure w-ith vhich to identif].

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ANNEX LV

fnfo:nation concerning missing persons from the lnternationalCornittee 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 twcl-ists of nissing persons presented to the covernment of Chile by the InternationalConmittee of the Red Cross in Decernber 1976 and the two petitions to the SupreneCourt of Chile presented respectively in August 1975 and I'{arch 197? by the Vicariade La Sol-idaridad,

Explanat ion of synbols :

rCNC I Refers to the list of the fnternational Corimittee of theRed Cross of persons reported missing betveen11 September f973 and 31 Decenber 1975.

Refers to the list of the International Cormittee of theRed Cross of persons reported missing between 1 Januaryano 5u r\overtrDer _Ly I o .

Refers to the first paxt (3h0 names) of the list of missingpersons presented to the Supreme Court of Chile inAugust 1pJ6 by rhe Vicaria de Ia Solidaridad.

Refers to the second part (l+6 narnes ) of the list of missingpersons presented to the Suprene Court of Chile inAwust l-9?5 by the Vicaria de Ia Solidaridad.

Refers to ttre list of nissing persons presented to theSupTerne Court of Chile in March 19?? by ttre Vicaria de 1a50_Lldarldad.

Indicates names of persons reported to have died outsideChile (see A/3L/253, paras. 231-21+0).

TCRC II

VIC I

VIC II

501

c119

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