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Study of reported violations of human rights in Chile, with particular reference to torture and other cruel, inhuman or degrading treatment or punishment

Publisher UN Commission on Human Rights
Publication Date 6 March 1978
Citation / Document Symbol E/CN.4/RES/12(XXXIV)
Reference THIRTY-FOURTH SESSION, 1978
Cite as UN Commission on Human Rights, Study of reported violations of human rights in Chile, with particular reference to torture and other cruel, inhuman or degrading treatment or punishment , 6 March 1978, E/CN.4/RES/12(XXXIV), available at: http://www.refworld.org/docid/3b00f0b22c.html [accessed 24 July 2014]

12 (XXXIV). Study of reported violations of human rights in Chile, with particular reference to torture and other cruel, inhuman or degrading treatment or punishment[1]15

The Commission on Human Rights,

Conscious of its responsibility to promote and encourage respect for human rights and fundamental freedoms for all,

Recalling that the Universal Declaration of Human Rights solemnly declares that everyone has the right to life, liberty and security of person and the right not to be subjected to arbitrary arrest, detention or exile, or to torture or cruel, inhuman or degrading treatment or punishment,

Recalling the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment unanimously adopted by the General Assembly in its resolution 3452 (XXX),

Further recalling General Assembly resolutions 3219 (XXIX), 3448 (XXX), 31/124 and 32/118 concerning the protection of human rights in Chile,

Considering its resolutions 8 (XXXI), by which an Ad Hoc Working Group to inquire into the situation of human rights in Chile was established, and 9 (XXXIII), by which the mandate of the Ad Hoc Working Group was extended,

Having considered the report of the Ad Hoc Working Group (E/CN.4/1266), the observations and documents submitted by the Chilean authorities (E/CN.4/1290 and E/CN.4/L.1377 and Add,1), the report of the Secretary General (E/CN.4/1268 and Add.1) and the progress report prepared by the Rapporteur of the Sub-Commission on the consequences for human rights in Chile of the various forms of aid extended to the Chilean authorities (E/CN.4/1267),

Taking note of the "Third Report on the Situation of Human Rights in Chile" of the Inter-American Commission on Human Rights,

Acknowledging recent developments which, according to the report of the Ad Hoc Working Group, indicate a decrease in the number of political prisoners, of reported cases of torture and of detainees under the state of siege and which are mainly attributable to the efforts of the Chilean people and of the international community,

Concluding that flagrant violations of human rights nevertheless continue to take place in Chile, in some cases systematic and institutionalized, and noting in particular the absence of constitutional safeguards for human rights and the continuation of the state of siege with its limitations of fundamental freedoms,

1. Shares the profound indignation expressed by the General Assembly in its resolution 32/118 that the Chilean people continue to be subjected to constant and flagrant violations of human rights and fundamental freedoms, to lack adequate constitutional and judicial safeguards of their rights and liberties and to suffer assaults on the freedom and integrity of their persons, in particular by methods of intimidation, including torture, disappearance of persons for political reasons and the refusal to adequately account for about one thousand missing detainees, limitations on freedom of expression, the suspension of political activity, the systematic campaign against suspected opponents of the régime, against trade unionists and against the humanitarian activities of the Roman Catholic Church, infringement of the right to a nationality and the right to return to one's country, arbitrary arrest, detention and exile;

2. Views with particular concern and indignation the continued refusal of the Chilean authorities to accept responsibility or account for the large number of persons who have disappeared and whose disappearance is shown by the available evidence to be attributable to political reasons;

3. Demands that the Chilean authorities clarify forthwith the fate of the numerous persons who have thus disappeared in Chile;

4. Expresses its grave concern at the new measures taken recently by the Government of Chile in order to suppress any political opposition in the country;

5. Deeply deplores the destruction of democratic institutions and of constitutional safeguards formerly enjoyed by the Chilean people;

6. Calls once again upon the Chilean authorities to restore and safeguard, without delay, basic human rights and fundamental freedoms and fully to respect the provisions of the international instruments to which Chile is a party;

7. Considers that the plebiscite recently arranged by the Chilean authorities, following the adoption of General Assembly resolution 32/118 , was an exercise lacking relevance as a reliable guide to the state of human rights in Chile and to the views of the Chilean people in this respect;

8. Expresses its appreciation to international organizations, Governments, non-governmental organizations, private individuals and all those members of national and international society who work for the restoration of human rights in Chile and who, both from within and from outside Chile, provide humanitarian assistance and relief to victims of violations of human rights in that country;

9. Commends once again the Chairman and the members of the Ad Hoc Working Group for the objective and impartial manner in which they have fulfilled their mandate and for the thorough and accurate reports they have prepared, despite the persistent refusal of the Chilean authorities to permit the Group to visit the country in accordance with the prior international commitment given by Chile;

10. Extends for one year the mandate of the present Ad Hoc Working Group, made up of the following members, to work as experts in their personal capacity: Mr. Ghulam Ali Allana (Pakistan), Chairman-Rapporteur, Mr. Leopoldo Benites (Ecuador), Mr. Felix Ermcora (Austria), Mr. Adboulaye Diéye (Senegal) and Mrs. M.J.T. Kamara (Sierra Leone), and requests it to report to the General Assembly at its thirty-third session and to the Commission on Human Rights at its thirty-fifth session with such additional information as may be necessary;

11. Calls once again upon the Chilean authorities to admit the Ad Hoc Working Group into Chile, thereby contributing to an impartial examination of the human rights situation in the country;

12. Requests the Secretary-General to render to the Ad Hoc Working Group all the assistance which it may require in its work;

13. Welcomes the decision by the Sub-Commission on Prevention of Discrimination and Protection of Minorities in its resolution 11 (XXX) to undertake a study on the consequences of the various forms of aid extended to the Chilean authorities and the subsequent initiation of the study by a specially appointed Rapporteur and invites the Rapporteur to present his report to the Sub-Commission at its thirty-first session, and further instructs the Sub-Commission to transmit this report to the General Assembly at its thirty-third session;

14. Recommends to the Economic and Social Council that it make arrangements for the provision of adequate financial resources and staff for the implementation of the present resolution;

15. Decides to consider at its thirty-fifth session as a matter of high priority the question of the violation of human rights in Chile.



[1]15 Adopted at the 1467th meeting, on 6 March 1978, by a roll-call vote of 24 in favour, 3 against and 4 abstentions. See chap. III.

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