Chile: Whether there have been reports of arrests or harassment of persons, who were political activists in the 1980s, and their families, by Carabineros in civilian dress and if so, what means of recourse is available (1990 to present)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 May 1998 |
| Citation / Document Symbol | CHL29435.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Chile: Whether there have been reports of arrests or harassment of persons, who were political activists in the 1980s, and their families, by Carabineros in civilian dress and if so, what means of recourse is available (1990 to present), 1 May 1998, CHL29435.E, available at: https://www.refworld.org/docid/3ae6ab8e1c.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
No reports of arrests or harassment of persons, who were political activists in the 1980s, and their families, by Carabineros in civilian dress could be found among the sources consulted by the Research Directorate.
An Associate Professor at McGill University who monitors the situation in Chile very closely and who specializes in Chilean society and grassroots organization provided the following information.
He is unaware of any cases involving arrests or harassment of former political activists by Carabineros in civilian dress. There have been "problems" for people participating in protests, but police actions have not specifically targeted anyone because of their former political activities.
In reference to the mechanisms of recourse to the law available, the Associate Professor could not provide specific information, but stated that "the slowness of the Chilean judicial system is a real problem." However, the courts have been receptive to legal measures taken by the Communist Party against General Pinochet.
In another e-mail message sent to the Research Directorate, a Professor of Political Science at Guelph University, who specializes in Chilean military matters, stated that given the fact that the Carabineros are considered part of the Armed Forces of Chile, and thus part of the Ministry of Defence, they cannot be tried by civilian courts (19 May 1998). The Carabineros, as well as the other police forces in Chile, possess "extraterritoriality"; therefore, in terms of recourse to the law, it is more important that the individual knows someone within the police apparatus than the courts (ibid.).
The Research Directorate could find only one report of Carabineros officers in civilian dress harassing a Chilean (CHIP News 10 Feb. 1998). According to Rodrigo Antonio Rios Alarcon, a 21-year-old youth, and another witness, Rios and other youths were beaten by four Carabineros officers in plainclothes. Rios was then shot by an officer as he attempted to flee the scene. No mention was made in the report whether the incident was politically motivated.
Country Reports 1997 states that in practice, persons detained are not usually informed of the charges against them, nor are they granted a speedy trial (1998, 445). Furthermore, Country Reports 1997 states that the Chilean Constitution stipulates that all persons have a right to legal counsel, but that in reality very few people arrested or detained can afford it (ibid.).
The Economist states that the volume of work has "overwhelmed" the 30 judges in Santiago and that in theory they would deal with between 4,000 to 5,000 cases annually (2 Aug. 1997). The article further states that the judicial system is perceived negatively by the public, that "nepotism is rife at all levels" and that corruption is rampant (ibid.). Like Country Reports 1997, The Economist reports that essentially the justice system works for people who can afford to pay for the best legal adviser (ibid.). For additional information on the Chilean judicial system, please consult the 2 August 1997 Economist article in the Indexed Media Review available at all Documentation Centres.
For additional information on legal redress and protection to activists in Chile, please consult Responses to Information Requests CHL23039.F of 20 February 1996, CHL22923.E of 29 January 1996 and CHL22173.E of 9 November 1995.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Associate Professor, Department of Political Science, McGill University, Montreal. 19 May 1998. E-mail sent to the Research Directorate.
CHIP News [Santiago]. 10 February 1998. "Police Sued for Undue Violence." [Internet]
Country Reports on Human Rights Practices for 1997. 1998. United States Department of State. Washington, DC: United States Government Printing Office.
The Economist [London]. 2 August 1997. "Chile. The Justice and the Politicians." (NEXIS)
Professor of Political Science, Department of Political Studies, Guelph University. 19 May 1998. E-mail sent to the Research Directorate.
Additional Sources Consulted
Andean Newsletter [Lima]. 1997-1998.
Indexed Media Review: Chile. 1996-1998.
Latinamerica Press [Lima]. 1989-1998.
Latin American Regional Reports: Southern Cone Report [London]. 1990-1998.
News from Americas Watch [New York]. 1992-1998.
Electronic sources: IRB Databases, Global News Bank, Internet, REFWORLD (UNHCR database), World News Connection (WNC).