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

9 (XXXIII). 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) and 31/124 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 3 (XXXII), by which the mandate of the Ad Hoc Working Group was extended, Having considered the report of the Ad Hoc Working Group (E/CN.4/1221) as well as the documents submitted by the Chilean authorities (E/CN.4/1247 and Add.1-3),

1. Expresses its appreciation to the Chairman and the members of the Ad Hoc Working Group for the thorough and objective manner in which the report was prepared, despite the persistent refusal of the Chilean authorities to permit the Group to visit the country in accordance with its mandate;

2. Shares the profound indignation expressed by the General Assembly in its resolution 31/124 that constant and flagrant violations of human rights have taken place and continue to take place in Chile, in particular the institutionalized practice of torture, cruel, inhuman and degrading treatment and punishment, the disappearance of persons for political reasons, arbitrary arrests, detention, exile and cases of deprivation of Chilean nationality;

3. Calls upon the Chilean authorities to put an end to the inadmissible practice of secret arrests and subsequent disappearance of persons whose detention is systematically denied or never acknowledged;

4. Calls once more 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, and to this end to implement paragraph 2 of General Assembly resolution 31/124 ;

5. Requests the Secretary-General to invite Member States, United Nations agencies and international organizations to inform him of steps taken to implement paragraph 4 of General Assembly resolution 31/124 , and to report to the General Assembly at its thirty-second session and to the Commission at its thirty-fourth session;

6. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its thirtieth session to undertake a study on the consequences of the various forms of aid extended to the Chilean authorities and to present a progress report thereon to the Commission on Human Rights at its thirty-fourth session;

7. Further requests the Sub-Commission to analyse feasible ways to give humanitarian, legal and financial aid to those arbitrarily arrested or imprisoned, to those forced to leave the country and to their relatives, and to present specific proposals to the Commission at its thirty-fourth session;

8. 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 Ermacora (Austria), Mr. Abdoulaye Diéye (Senegal) and Mrs. M.J.T. Kamara (Sierra Leone), and requests it to report to the General Assembly at its thirty-second session and to the Commission on Human Rights at its thirty-fourth session with such additional information as may be necessary;

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

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

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

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[1]15 Adopted at the 1422nd meeting, on 9 March 1977, by a roll-call vote of 26 in favour, 1 against and 5 abstentions. See chap. IX.