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

11 (XXXV). Study of reported violations of human rights in Chile, with particular reference to torture and other cruel, inhuman or degrading treatment or punishment[1]22

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 to 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) of 9 December 1975, Further recalling General Assembly resolutions 3219 (XXIX) of 6 November 1974, 3448 (XXX) of 9 December 1975, 31/124 of 16 December 1976, 32/118 of 16 December 1977 and 33/175 of 20 December 1978 concerning the protection of human rights in Chile, Bearing in mind its resolutions 8 (XXXI), 3 (XXXII), 9 (XXXIII), and 12 (XXXIV) which inter alia established and extended the mandate of the Ad Hoc Working Group on the situation of human rights in Chile, Having considered the reports of the Ad Hoc Working Group[2]23 , and of the Secretary-General[3]24 under this item as well as the observations and documents submitted by the Chilean authorities[4]25 , the study prepared by the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on the consequences for human rights in Chile of the various forms of aid extended to the Chilean authorities[5]26 , and the recommendations contained in General Assembly resolution 33/175 , Taking note with appreciation of the fact that in July 1978, for the first time, members of the Ad Hoc Working Group were enabled to visit Chile in pursuance of their mandate, which represents a valuable experience for the United Nations when dealing with constant and flagrant violations of human rights, and noting that the Ad Hoc Working Group records its appreciation of the co-operation extended to it by the Chilean authorities, Acknowledging the conclusions of the Working Group that, although the present situation of human rights in Chile has improved, as compared to previous years, violations of human rights, often of a grave nature, nevertheless continue to take place, and noting in this context with concern that the Working Group records an increase in the number of reports of intimidation and arrests for political or state security reasons as well as the continuation of torture and ill-treatment of detainees, Concluding therefore that the human rights situation in Chile justifies the continued concern and involvement of the international community and the special attention of the Commission on Human Rights,

1. Shares the continued indignation of the General Assembly that violations of human rights, often of a grave nature, continue to take place in Chile, as has been convincingly established by the reports of the Ad Hoc Working Group;

2. Expresses its shock at the recent discovery of bodies in a mass grave in Lonquen, some of which have been identified as those of persons reported as detained and subsequently disappeared, and its undiminished concern and dismay at the refusal of the Chilean authorities to accept responsibility or account for the large number of persons reported to have disappeared for political reasons, or to undertake an adequate investigation,

3. 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 Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, to which Chile is a party;

4. Urges the Chilean authorities, in particular:

(a) To cease the state of emergency and of siege, under which continued violations of human rights and fundamental freedoms are permitted;

(b) To establish effective control over and to assume full responsibility for the state security agencies, to cease arbitrary arrest and detention and to release immediately those who are imprisoned for political reasons;

(c) To ensure an immediate end to torture and other forms of inhuman or degrading treatment and to identify, prosecute and punish those responsible for the practice of torture and other acts which have led to the death of detainees;

(d) To ensure that arrested persons be brought immediately before a judge and to restore fully the right of habeas corpus;

(e) To restore Chilean nationality to those who have been deprived of it for political reasons;

(f) To respect fully the rights of Chilean citizens to return to their country and to empower the courts to review autonomously Government decisions prohibiting the re-entry of Chilean citizens;

(g) To restore the democratic institutions and constitutional safeguards formerly enjoyed by the Chilean people and their right to take part freely in the conduct of public affairs;

(h) To remove restrictions on political activities and re-establish the full enjoyment of freedom of association;.

(i) To guarantee the standards of labour protection called for by international instruments and fully restore previously established trade union rights;

(j) To guarantee full freedom of expression;

(k) To safeguard the human rights of the Mapuche Indians and other indigenous minorities, taking into account their particular cultural characteristics;

5. Expresses its appreciation to the Chairman and other members of the Ad Hoc Working Group for having worked continuously on the question of restoration of human rights in Chile in a spirit of devotion and dedication, and to the Secretary-General for his constant and valuable support to the Working Group;

6. Decides to continue to give close attention to the situation in Chile and to this end:

(a) To authorize its Chairman, in accordance with General Assembly resolution 33/175 of 20 December 1978 to appoint Mr. Abdoulaye Diéye as Special Rapporteur on the situation of human rights in Chile, who, on the basis of the mandate in Commission resolution 8 (XXXI) of 27 February 1975 and in contact with the Chilean authorities, will inquire into the present situation of human rights in Chile, and report to the Commission on Human Rights at its thirty-sixth session and to the General Assembly at its thirty-fourth session;

(b) To authorize its Chairman, in response to the request in General Assembly resolution 33/175 , to appoint as experts in their individual capacity, Mr. Felix Ermacora and Mr. Waleed M. Sadi to study, in conformity with the modalities set forth in its resolution 8 (XXXI) of 27 February 1975, in co-operation with the Special Rapporteur and in contact with the Chilean authorities, the question of the fate of missing and disappeared persons in Chile, and to report to the Commission on Human Rights at its thirty-sixth session and, through the Special Rapporteur, to the General Assembly at its thirty-fourth session;

7. Urges the Chilean authorities to co-operate with the Special Rapporteur, and with the experts appointed to study the question of the fate of missing and disappeared persons;

8. Requests the Secretary-General to render to the Special Rapporteur and to the experts appointed to study the question of the fate of missing and disappeared persons all the assistance which they might require in their work;

9. Welcomes the decision by the General Assembly in its resolution 33/174 of 20 December 1978 to establish a United Nations Trust Fund for Chile;

10. Decides to invite the Chairman of the Board of Trustees to submit a written report, on behalf of the Board, to the Commission on the operation of the Fund;

11. 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;

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

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[1]22 Adopted at the 1508th meeting, on 6 March 1979, by 24 votes to 2, with 6 abstentions. See cbap. III. [2]23 A/33/331, E/CN.4/1310. [3]24 A/33/293. [4]25 A/C.3/33/7. [5]26 E/CN.4/Sub.2/412.