doc. 21 corr.1
25 October 1974
Original: Spanish


Findings of “on the spot” Observations in
the Republic of Chile
July 22 – August 2, 1974


    3.          As a result of Dr. Reque's report, the Commission felt it necessary while it was meeting in Cali, Colombia, to immediately contact the Government of Chile to request information on certain cases which, because of their special characteristics, required in the Commission's opinion the most expeditious action.


          This gave rise to the following exchange of notes:


                                                                             Cali, Colombia

                                                                             October 24, 1973


          Mr. Minister:


                   The Commission over which I have the honor of presiding received yesterday, during the meetings that are being held in Cali, Colombia, the report prepared by the Executive Secretary, Dr. Luis Reque, on the present status of human rights in the Republic of Chile.


                   After expressing to you, Mr. Minister, and through you, to the distinguished Government of Chile, this Commission's appreciation for the assistance provided Dr. Reque in carrying out his delicate tasks, and also for the documentation which you have kindly transmitted to us, we wish to remind you that, according to the October 5 note transmitted to us by the Acting Representative of Chile to the OAS, your government is prepared to provide, in addition to the reports directly collected by our Executive Secretary, such other reports regarding specific events, that we feel it necessary to request from you.


                   Examining Dr. Reque's report, as well as a number of denunciations or complaints that have been submitted concerning the situation prevailing in Chile, we feel that, in order to establish our conclusions, it would be most helpful if your distinguished government would provide us with reports concerning two kinds of subjects: those considered to be so urgent that we have debated whether we should use the mail or the telegraph service to gather information on them; and others that, although not less important, are not as urgent.


                   This note will deal exclusively with the cases that we feel are most urgent. And it is for this reason that we wish to request your distinguished government to demonstrate once again its intent to collaborate with the high purposes of our Commission and remit as soon as possible the information requested, taking into consideration the possibility that the Commission may have to meet at its headquarters in Washington in three weeks. We would appreciate it if you could at least forward to us the substantive contents of your reply, either by telex or by cable.


                   The matters on which we request information are as follows:


                   1.       We have been informed that the following persons have disappeared.


                   Luis Carlos De Almeida, Brazilian, Professor at the State Technical University, was arrested and then reportedly disappeared.


                   Tulio Quintiliano, Brazilian, engineer, arrested and taken to the National Stadium and afterward to the Tacna Regiment, then disappeared.


                   Roberto Metzer, Brazilian, FLACSO official, arrested October 12 and taken to the National Stadium, then disappeared.


                   Antonio José Barros, Brazilian, arrested and then disappeared.


                   Antonio Moreno, Bolivian, arrested and then disappeared.


                   Luis Velez, Bolivian, arrested and then disappeared.


                   Julio Baraymer o Baraibar, Uruguayan, arrested September 17 and then disappeared.


                   Gonzalo Vergal, Uruguayan, arrested and then disappeared.


                   Miguel Angel Ortiz Suárez, Uruguayan, arrested and then reportedly disappeared.


                   Dr. Marquez Rogalino, Ecuadoran, physician, arrested and then disappeared.


                   Dr. Rafael De León, Ecuadoran, living at Obispo Donoso 46, arrested September 16 and then disappeared.


                   Federico Vaires, Salvadoran, student at the University of Santiago, arrested, transferred to the Tacna garrison, then disappeared.


                   Luis Alvarado, Chilean, arrested and then disappeared.


                   Jorge Sabogal, Colombian, arrested and then disappeared.


                   Charles Horman, United States citizen, disappeared.


                   With regard to all of these persons, we urgently request the Government of Chile to provide us with any information it has available on the following points:


                   a.       The whereabouts of these persons.

                   b.       Their state of health.

c. Whether they have been deprived of their liberty, and if so, where.

d. Whether they have been brought to trial, indicating the court or tribunal and the charges made against them.

e. Whether they have a defense counsel, indicating his name and postal address.


                   2.       We have been informed that the following persons have died by execution or torture:


                   Dr. Jorge Rios Dalens, Bolivian, who was arrested and was found dead.


                   Sócrates Ponce Pacheco, Ecuadoran, who was living in Torre San Borja, apartment 141, reportedly was executed by shooting on September 11.


                   Litre Quiroga, Chief of the Service of Prisons in the overthrown administration, reportedly was tortured for three days and executed in mid-September.


                   Victor Jara, labor union leader, who reported voluntarily to the authorities, was first tortured and then executed.


                   Jorge Sergio Alegría Higuera, arrested September 23 in Nueva Matucana, was found dead under the Bulnes Bridge. Lived at 93 San Jorge.


                   Luis Eulisterio Mardonado or Maldonado Gallardo, arrested September 23 in Nueva Matucana, was found dead under the Bulnes Bridge. Military driver's license Nº 18.754.


                   Miguel Hernán Moreno Caviedes, was found dead September 24 in the Mapocho River, near the Bulnes Bridge. Lived in Nueva Matucana. Apparently was tortured, since an arm was missing from the body.


                   Sergio Emilio Aguilar Nuñez, same as the above. His genital organs reportedly were mangled. Lived at 68 Rafael Pacheco.


                   Alvaro Javier Acuña, same as the above.


                   Miguel Zaldívar Arriagada, same as the above. Lived at 178 Rafael Pacheco.


                   Carlos René León Morales, same as the above. Lived at 84 Fidel Estay.


                   José Oscar Machuca Espinoza, same as the above. Lived at 78 Ramiro Sepúlveda.


With regard to the above-named persons, the Commission wishes to know:


a. Whether they have actually died and, if so, where the remains have been buried.


b. Whether death occurred through action of the government authorities.


c. Whether deprivation of life was preceded by the formalities required by Chilean law-both regular law and that applicable in emergency cases—and by Article 3 of the Geneva Convention of August 12, 1949, which we understand has been ratified by Chile.


d. Whether it has been possible to verify acts of torture or abuse of such persons.


e. Whether, in the event that acts of torture or abuse have been verified, or deprivation of life in violation of the applicable law, steps have been taken to avoid the repetition of such occurrences.


3. We have been informed that, in addition to those listed above, the following persons have been subjected to torture or maltreatment.


Margarita Echeverría, Chilean, detained on the night of October 14 and transferred to the National Stadium.


Dr. Ricardo Elena, Uruguayan, cardiologist, professor of the University of Concepciòn.


Flora Espinoza Díez, Chilean, dentist, detained October 2, reportedly was beaten during interrogation on October 8.


Felipe Iñigas, Bolivian, detained and tortured.


Delbo Ignacio da Silva, Uruguayan, detained and maltreated.


Dr. Claudio Weber Ubilla, physician, living at 1061 Roman Diaz, Apartment 34, detained September 27 and taken to the La Puntilla Police Station, where he was subjected to maltreatment and torture, suffering a fractured rib and a skull injury. He was taken to the National Stadium on October 4 and was released on the 6th.


The Commission wishes to know with respect to these persons:


a. Whether the maltreatment or torture referred to in the denunciations has been verified.


b. If so, whether proceedings have been initiated to determine the persons responsible and impose the appropriate penalties on them, indicating before what authority such proceedings take place.


c. What state the persons referred to are now in.


4. We have been informed that the following persons are imprisoned, without being informed of the reason for their detention:


Dr. Samuel Pasik, Argentine, arrested in Puerto Montt and transferred ten days later to the National Stadium.


Manuel Vásquez, Chilean, arrested October 3. Is in the National Stadium.


Ignacio Miashira, Bolivian, imprisoned September 14. Is in the National Stadium.


Raúl Irena Estrada, Mexican, arrested September 24. Is in the National Stadium.


Laura Martínez Silva, arrested September 24. Is in the National Stadium.


Soledad Urzía Perez, 16 years old, student arrested October 8. Is in the National Stadium.


María Emilia Tijoux, arrested September 27. Is in the National Stadium.


María Elena Gallardo, arrested October 10. Is in the National Stadium.


Carmen Flores de Echeverría, arrested October 3. Is in the National Stadium.


It is pointed out that the denunciations received also state that the above women were subjected to offenses against their modesty, having been forced to disrobe in the presence of agents.


With reference to all of these persons, the Commission wishes to know:


a. Whether they continue to be detained and in what place.


b. What is the cause, in each case, for the detention.


c. What judicial authority is trying each case.


d. Whether the defendants have been provided defense counsel.


Finally, we wish to state to Your Excellency that the requests for information contained in this note do not constitute prejudgment of the merits of the information received.


In the confidence that, as a result of Your Excellency's humanitarian sentiments and the excellent readiness the distinguished Government of Chile has shown to collaborate in the work of this Inter-American Commission, a reply to our request for reports will be sent with the urgency required by the seriousness of the cases in question, we are pleased to express to Your Excellency the assurances of our highest consideration.


(s) Justino Jiménez de Aréchaga




          His Excellency

          Admiral Ismael Huerta Díaz

          Minister of Foreign Affairs

          Santiago, Chile


      Republic of Chile

Minister of Foreign Affairs



OIA Nº 4958


Santiago, March 27, 1974


I have the honor to refer to Your Excellency's note, dated in Cali, October 24, 1973, in which the Inter-American Commission on Human Rights requests, on the basis of a number of denunciations received, information concerning the status of 43 persons who reportedly were arrested or died as a result of the events occurring in my country on September 11, last year.


Regarding this matter, I am pleased to indicate to Your Excellency that, as soon as the request was received, the necessary steps were taken to clarify the facts of the denunciations submitted, since my government, as was duly indicated, is ready to provide any information, based on specific facts, relating to respect for human rights. A long historical tradition, of which my country is justly proud, enables me to affirm that the Government of Chile will continue to be faithful to that unswerving standard of international behavior.


I am replying below, point by point, to Your Excellency's note.


1. First, your note mentions a list of 16 persons who are reported to have disappeared. In this regard, I can inform Your Excellency that 13 of them either left the territory of the Republic voluntarily or were expelled from the country, because their presence, under legislation in force, constituted a serious threat against national security, since a number of these individuals apparently committed acts designed to disturb the peace of the citizenry and threatened the security of the state. These individuals are as follows:


Luis Carlos de Almeida: Outside the country.


Tulio Quintiliano Cardoso: Disappeared, despite a complete investigation of the case, as reported by the Ministry of National Defense.


Roberto Metzger Thomas: Outside the country.


Antonio José de Barros: Outside the country.


Antonio Moreno: Outside the country.


Luis Velez: Outside the country.


Carlos Toranzos: Outside the country.


Julio Miguel Baraibar: Outside the country.


Gonzalo Vergel: Unknown at the Embassy of Uruguay and his whereabouts are also unknown.


Miguel Angel Ortiz Suárez: Outside the country.


Marco Antonio Marcos Rogalino: Outside the country.


Rafael de León Rodríguez: Outside the country.


Luis Alvarado Cárdenas: Outside the country.


Jorge Sabogal: Outside the country.


Charles Horman: Was found shot to death on a public thoroughfare on the morning of September 18, 1973. It has not been possible to determine whether his death was caused by a military curfew patrol, which was obliged to fire because he did not obey the order to halt, or whether his death occurred at the hands of extremists who, under cover of night, fired against the armed forces, the police, and the civil population in desperate and suicidal attacks.


2. I should point out to Your Excellency that it is very difficult for the authorities to determine in certain cases the cause of death of particular persons. This is due to the fact that, as has been stated, extremist groups in the days following September 11 attempted to create problems by what were in effect suicidal attacks against the armed forces, notwithstanding the fact that the Government Junta repeatedly invited them to lay down their arms, which was an action the Junta took in fulfilling its obligation to safeguard public security and keep innocent persons from becoming sniper victims.


The persons alluded to in the Commission's note are the following:


Jorge Ríos Dalens: Dead. There is no official information on this case, and the cause of his death is being investigated.


Sócrates Ponce Pacheco: Dead. This individual was an auditor in an industry and resisted the action of the military forces, firing against them and perishing in the confrontation.


Litré Quiroga: Dead. This official of the overthrown regime was killed by common criminals.


Víctor Jara: Dead. Was killed by the action of snipers, who, I repeat, fired indiscriminately, both against the armed forces and against the civilian population.


No information is available, either because of lack of data or because investigations by Chilean authorities have not yet been completed, with respect to the following persons: Jorge Sergio Alegría Higuera, Luis Eleuterio Maldonado Gallardo, Miguel Hernán Moreno Caviedes, Sergio Emilio Aguilar Núñez, Alvaro Javier Acuña, Miguel Zaldívar Arriagada, Carlos René León Morales, José Oscar Machuca Espinosa. This Ministry will submit to the Commission, as soon as it is able, information establishing the status of these persons.


3. With regard to this list on which Your Excellency requests information, I am pleased to inform him of the following:


Margarita Echeverría: Released.


Ricardo Elena: Outside the country.


Flora Espinoza Díaz: Released.


Felipe Iñigas: Outside the country.


Delbo Ignacio Da Silva: Outside the country.


Claudio Weber Ubilla: Released.


4. With regard to this point, the following information is provided:


Samuel Pasik: Outside the country.


Manuel Vásquez: No information.


Ignacio Miashira: Outside the country.


Raúl Irene Estrada: Outside the country.


Soledad Urzúa Pérez: No information.


María Emilia Tijoux: Detained in the Women's House of Correction, indicted before a regular court. The inquest is being conducted by Judge Izurieta, of the Santiago Court of Appeals.


Carmen Flores de Echeverría: In searching the records one Isabel del Carmen Flores Garrido and one Carmen Flores Morador were found. Both have been given asylum.


In conclusion, I wish to point out to Your Excellency that the Government of Chile has been motivated by the firmest intent to collaborate with the Inter-American Commission on Human Rights in the solution of problems which, may possibly have affected them, but it cannot accept under any pretext whatever that efforts should be made to indicate that it has had recourse to offenses against modesty, maltreatment or torture. Our government rejects most energetically any denunciations of this kind, considers them lacking in foundation, and is in a position to assert categorically that since September 11, there has been no policy of violating human dignity. Any violation of essential rights of man is, in our opinion, incompatible with civilized life. Moreover, from the very first, the new government instructed military personnel to act at all times in consonance with Christian and humanist principles which have guided and continue to guide the actions of the new government of Chile and that they should do everything possible to safeguard human rights.


I take this opportunity to repeat to Your Excellency, and through you to the Inter-American Commission on Human Rights, assurances of my highest consideration.


(s) Ismael Huerta Díaz

   Vice Admiral

    Minister of Foreign Affairs


Mr. Justino Jiménez de Aréchaga

Chairman of the Inter-American

  Commission on Human Rights


          4.          In the period transpiring between the above note to the Government of Chile of October 24, 1973 and the reply (March 27, 1974), which involved the conduct of complex investigations, the denunciations and complaints submitted to the Commission increased in number. This gave rise to additional requests by the Commission for information.


          The Government of Chile replied to those requests in a note of November 28, 1973, which we believe it is necessary to transcribe:


               Republic of Chile

Ministry of Foreign Affairs


OIA Nº 17806


Santiago, November 28, 1973


I have the honor to acknowledge receipt of Your Excellency's note of October 24, informing this Ministry of the “relevant parts of the communications on human rights,” which unidentified persons have sent to the Inter-American Commission on Human Rights (CIDH), making reference to the status of human rights in my country.


In this regard, I wish to state to Your Excellency that my government feels that the language employed by the persons who have sent these denunciations to the Commission is entirely improper and inappropriate, and the contents of those denunciations borders on illegitimate intervention in the internal affairs of Chile. Nonetheless, my government has decided to reply to these anonymous denunciations to show their unfounded character and to remain consistent with the faithful observance that my country has demonstrated and will continue to demonstrate of inter-American commitments on human rights.


Hence, I inform Your Excellency that Messrs. Mariano Rodríguez, Manuel Messias Da Silva, Arthur Jader Cunha, Solange Bustos da Silva, are persons who, after a brief investigation of their illegal activities in our country, have recently left our territory. With respect to the Chilean citizen, Mr. Luis Corvalán, I must inform Your Excellency that he is detained in the Military Academy of Chile, where he is enjoying excellent treatment, as journalists and foreign personages have verified. Mr. Corvalán will be brought to trial, under the country's applicable laws, for the crimes he is accused of. The Government of Chile assures Your Excellency that, at his trial, the standards established by the Chilean legal code for all citizens of the country will be strictly observed.


Accept, Excellency, the assurances of my highest consideration.


Ismael Huerta Díaz


    Minister of Foreign Affairs


To the Chairman of the

Inter-American Commission

  on Human Rights

Washington, D.C.



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