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

3 (XXXII). Study of reported violations of human rights in Chile, with particular reference to torture and other cruel, inhuman or degrading treatment or punishment[1]4

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 General Assembly resolution 3452 (XXX) of 9 December 1975, by which the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted unanimously, Recalling further General Assembly resolution 3219 (XXIX) of 6 November 1974, in which the Assembly expressed its deepest concern about reported constant and flagrant violations of basic human rights and fundamental freedoms in Chile and urged the authorities in that country to take all necessary steps to restore and safeguard them, Recalling in this connexion its resolution 8 (XXXI) of 27 February 1975, in which it expressed its serious concern about the continuing reports of violations of human rights in Chile, and in which it decided to establish an Ad Hoc Working Group to inquire into the present situation of human rights in the said country on the basis of all available evidence, including a visit to Chile, and appealed to the authorities of Chile to extend its full co-operation to the Group, Noting General Assembly resolution 3448 (XXX) of 9 December 1975, entitled "Protection of human rights in Chile", by which the Assembly inter alia deplored the refusal of the Chilean authorities to allow the Ad Hoc Working Group of the Commission on Human Rights to visit the country, notwithstanding previous solemn assurances given by them in this regard, and urged them to honour those assurances, Noting also, inter alia, recent Supreme Decree No. 187 of 20 January 1976, relating to the need for the protection of persons detained as a result of the state of siege, the effects of which have yet to be ascertained, Having considered the report of the Ad Hoc Working Group (A/10285 and E/CN.4/1188) established under Commission resolution 8 (XXXI),

1. Expresses its appreciation to the Chairman and members of the Ad Hoc forking Group for the report, which has been prepared in a painstaking and objective manner, notwithstanding the refusal of the Chilean authorities to permit the Group visit the country;

2. Expresses its profound distress at the constant, flagrant violations of human rights, including the institutionalized practice of torture, cruel, inhuman or degrading treatment or punishment, arbitrary arrest, detention and exile, of which the present report brings further evidence, which have taken place and, according to existing evidence, continue to take place in Chile, soon after the adoption of General Assembly resolution 3448 (XXX);

3. Reaffirms its condemnation of all forms of torture and cruel, inhuman or degrading treatment or punishment;

4. Appeals to the Chilean authorities to take, without delay, all necessary measures to restore and safeguard 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 ensure that:

(a) The state of siege or emergency is not used for the purpose of violating human rights and fundamental freedoms, contrary to article 4 of the International Covenant on Civil and Political Rights;

(b) Adequate measures are taken to end the institutionalized practice of torture and other forms of cruel, inhuman or degrading treatment or punishment in full respect of article 7 of the International Covenant on Civil and Political Rights;

(c) The rights of all persons to liberty and security of person, in particular those who have been detained without charge or are in prison solely for political reasons, are fully guaranteed, as provided for in article 9 of the International Covenant on Civil and Political Rights, and steps are taken to clarify the status of those individuals who are not accounted for;

(d) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed, contrary to article 15 of the International Covenant on Civil and Political Rights;

(e) No one, in accordance with article 15 (2) of the Universal Declaration of Human Rights, shall be arbitrarily deprived of Chilean nationality;

(f) The right to freedom of association, including the right to form and join trade unions, shall be respected in accordance with article 22 of the International Covenant on Civil and Political Rights;

(g) The right to intellectual freedoms as provided for in article 19 of the International Covenant on Civil and Political Rights shall be guaranteed;

(h) The request of the Commission communicated by its Chairman in 1974 to the Government of Chile is implemented, that persons still in detention are released and that no steps are taken and no trials held against them on a retroactive basis;

5. Concludes that the practice of torture has been systematically employed by some State agencies, particularly by the Dirección de Inteligencia Nacional (DINA), and calls upon the Chilean authorities to undertake effective measures to investigate and put an end to such activities of these agencies and of individuals in relation to acts of torture;

6. Extends 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-first session and to the Commission on Human Rights at its thirty-third session on the situation of human rights in Chile, in particular any developments, legislative or otherwise, which may occur to re-establish respect for human rights and fundamental freedoms in implementation of General Assembly resolution 3448 (XXX) and all other relevant resolutions and decisions of United Nations bodies; thereafter the Group shall cease to exist;

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

8. 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;

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

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[1]4 Adopted at the 1360th meeting, on 19 February 1976, by 26 votes to 2, with 4 abstentions. See chap. VI.