Marbhrainn, a rinneadh air diadhairibh urramach, nach maireann; agus dana spioradail eile.

Table of contents :
Scientists and Human Rights in Chile
Copyright
Contents
Preface
Background
Findings
TEMPORARY DETENTION AND INTERNAL BANISHMENT
The Scope of the Practice
Individual Cases
Juan Restelli Portuguez, Physician
Ricardo Godoy, Physician
Douglas Fuenteseca, Mathematician
Ricardo Fuentes Romero, Engineer
Ada Cam Castillo and Manuel Alarcón Valdivía, Mathematicians
Armando Guerra Cano, Engineer
Jaime Pérez de Arc Araya, Economist
Pablo Venegas Cancino, Psychiatrist
EXILE
IMPRISONMENT
Ramón Arriagada, Architect
Carlos Humberto Contreras Maluje, Chemist/Pharmacist
Alfredo Iriarte Iriarte, Mathematics Teacher
TORTURE
Extent of Torture
Collaboration of Medical Professionals in Torture
DESAPARECIDOS--DISAPPEARED PEOPLE
INFRINGEMENTS ON ACADEMIC FREEDOM
Rubi Rodríguez Moreno
Ada Cam Castillo
Manuel Alarcón Valdivía
Douglas Fuenteseca
Conclusions and Recommendations
Internal Exile
Exile
Imprisonment
Torture
Desaparecidos
Academic Freedom
Notes
Appendices
APPENDIX A CASES OF THE COMMITTEE ON HUMAN RIGHTS IN CHILE
APPENDIX B KEY HUMAN RIGHTS GROUPS CONTACTED IN CHILE
La Vicaría de la Solidaridad del Arzobispado de Santiago
Cómision Nacional Contra la Tortura
Comisión Chilena de Derechos Humanos
Fundación de Ayuda Social de las Iglesias
APPENDIX C PROFESSIONAL, SCIENTIFIC, AND ACADEMIC GROUPS CONTACTED IN CHILE
Academia Chilena de Ciencias
Asociación de Académicos de la Universidad Católica de Chile
Asociación de Académicos de la Universidad de Chile
Academia Chilena de Medicina
Asociación Universitaria y Cultural Andrés Bello
Colegio Médico de Chile
Corporación de Promoción Universitaria--CPU
Sociedad de Matemática de Chile
Corporación de Investigaciones Económicas para Latinoamérica--CIEPLAN
APPENDIX D LETTER RECEIVED BY DR. RESTELLI
DENUNCIATION
APPENDIX E CODE OF ETHICS OF THE COLEGIO MEDICO DE CHILE WITH RESPECT TO TORTURE

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Scientists and Human Rights in Chile

NATIONAL ACADEMY OF SCIENCES Committee on Human Rights REPORT OF A DELEGATION

NATIONAL ACADEMY PRESS Washington, D.C. 1985

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ii NOTICE: This report has been approved by the members of the Committee on Human Rights of the National Academy of Sciences and reviewed by the council of the Academy. The delegation to Chile was sponsored by the Committee on Human Rights of the National Academy of Sciences and was made possible through the use of general operating funds provided to the committee by the Ford Foundation, the Richard Lounsbery Foundation, the New-Land Foundation, the J. Roderick MacArthur Foundation, the Scherman Foundation, the Stichting European Human Rights Foundation, the National Academy of Sciences, and an individual donor. Available from: Committee on Human Rights National Academy of Sciences 2101 Constitution Avenue N.W. Washington, D.C. 20418

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Delegation to Chile BARUCH BLUMBERG, Associate Director for Clinical Research, Fox Chase Cancer Center, Philadelphia, and University Professor of Medicine, University of Pennsylvania CAROL CORILLON, Director, Committee on Human Rights, National Academy of Sciences GERARD DEBREU, University Professor of Economics and Mathematics, University of California, Berkeley ERIC STOVER (Consultant), Staff Officer, Committee on Scientific Freedom and Responsibility, American Association for the Advancement of Science

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Committee on Human Rights ELIOT STELLAR (Chair), Institute of Neurological Sciences, University of Pennsylvania (1987)* CHRISTIAN B. ANFINSEN, Department of Biology, Johns Hopkins University (1985) LIPMAN BERS, Mathematics Departments, Columbia University and City University of New York Graduate Center (1985) GERARD DEBREU, Department of Economics, University of California, Berkeley (1987) DANIEL C. DRUCKER, Engineering Sciences Department, University of Florida (1988) GERTRUDE S. GOLDHABER, Department of Physics, Brookhaven National Laboratory, Upton, New York (1987) ROBERT W. KATES, Graduate School of Geography, Clark University (1985) FRANCIS E. LOW, Provost, Massachusetts Institute of Technology (1988) DANIEL NATHANS, Department of Molecular Biology and Genetics, Johns Hopkins University (1988) DONALD S. ORNSTEIN, Department of Mathematics, Stanford University (1988) ROBERT P. PERRY, Institute of Cancer Research, Philadelphia, Pennsylvania (1986) HELEN M. RANNEY, Department of Medicine, University of California, San Diego (1986) PETER H. RAVEN, Missouri Botanical Garden, St. Louis, Missouri (1986)

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WILLIAM P. SLICHTER, Materials Science and Engineering, AT&T Bell Laboratories, Murray Hill, New Jersey (1986) ALBERT J. SOLNIT, Child Study Center, Yale University (1986) CHIEN-SHIUNG WU, Department of Physics, Columbia University (1985) ADAM YARMOLINSKY (Adviser), Kominers, Fort, Schlefer and Boyer, Washington, D.C. (1987) CAROL CORILLON, Director

*Terms end June 30 of the year indicated.

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CONTENTS

vii

Contents

A B C D E

PREFACE

ix

BACKGROUND

1

FINDINGS Temporary Detention and Internal Banishment Exile Imprisonment Torture Desaparecidos--Disappeared People Infringements on Academic Freedom

7 7 17 19 21 30 31

CONCLUSIONS AND RECOMMENDATIONS

37

NOTES

42

APPENDICES Cases of the Committee on Human Rights in Chile Key Human Rights Groups Contacted in Chile Professional, Scientific, and Academic Groups Contacted in Chile Letter Received by Dr. Restelli Code of Ethics of the Colegio Médico de Chile with Respect to Torture,

47 49 52 54 57 59

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PREFACE

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Preface

The Committee on Human Rights of the U.S. National Academy of Sciences (NAS) was created in 1976 in response to increased concern by Academy members about repression of scientists and scientific research in many areas of the world. Subsequently, the councils of the National Academy of Engineering (NAE) and the Institute of Medicine (IOM) asked to participate in the committee's work. The committee now includes eight members from the NAS, two members from the NAE, and two members and an adviser from the IOM. Our committee works in behalf of colleagues anywhere in the world who are believed to be victims of severe repression: those who have been arrested and are believed to be in danger of being tortured, those who are being held without charges or access to a lawyer, those who have “disappeared,” those who are imprisoned, and those who have been banished to internal exile. Because we feel a special sense of responsibility toward our colleagues and due to our limited staff and funds, the committee works only in behalf of scientists, engineers, and medical professionals. However, it is our hope that the actions we take in behalf of these colleagues will also benefit other victims of repression whose cases fall outside our mandate. At present, the committee has cases in about 20 countries, including Czechoslovakia, El Salvador, Guatemala, Mexico, Poland, Somalia, South Africa, and the Soviet Union.

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PREFACE

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We only undertake cases of colleagues who, to the best of our knowledge, have not used or advocated violence. The committee's appeals are based on the international human rights standards embodied in the Universal Declaration of Human Rights that was adopted by the United Nations General Assembly in 1948. We appeal for an end to torture, for the rights to trial and legal representation, and for the release of scientists imprisoned or internally exiled for the nonviolent expression of their beliefs. The committee's work is generally carried out through private inquiries from the committee and individual appeals from members of the NAS, NAE, and IOM, who act as committee correspondents, of which there are more than 700. These approaches are often effective. Occasionally, however, the committee decides that a public statement should be made in behalf of an individual or that a delegation should be sent to a country for more information and to express more directly our concern. This report presents information gathered by Baruch Blumberg, Carol Corillon, Gerard Debreu, and Eric Stover, members of the delegation that was sent to Chile by the Committee on Human Rights in March 1985. Baruch Blumberg, M.D., a member of the NAS and the IOM, is the 1976 Nobel Prize laureate in physiology or medicine for the discovery of hepatitis B virus. Carol Corillon is the director of the committee. Gerard Debreu, a member of the NAS, is a committee member and the 1983 Nobel Prize laureate in economics for having introduced new analytical methods into economic theory and for his rigorous reformulation of the theory of general equilibrium. Eric Stover is the staff officer of the Committee on Scientific Freedom and Responsibility of the American Association for the Advancement of Science. I would like to thank each of them for the selflessness and dedication with which they undertook this difficult and, originally, uncertain mission. It turned out to be a significant success because of their efforts. I would like to thank

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PREFACE

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Nobel Prize laureate and a committee delegate to Argentina and Uruguay in 1978, for his involvement in the preparations for the Chile mission. I would also like to thank all of the individuals who so generously gave their time and knowledge in briefing the members of the delegation before their departure for Chile, and the Asociación Universitaria y Cultural Andrés Bello, the Comisión Chilena de Derechos Humanos, the American Embassy in Santiago, Ambassador Errazuriz and the government of Chile for the invaluable assistance they provided to the delegation members in obtaining appointments with several key individuals and organizations. This report was written by Carol Corillon with the collaboration of Baruch Blumberg, Gerard Debreu, and Eric Stover. Eugenia Grohman, of the professional staff of the National Research Council, generously volunteered her time to edit the report. Eliot Stellar, Chair Committee on Human Rights

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BACKGROUND

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Background

On November 6, 1984, the government of General Augusto Pinochet declared a “state of siege” in Chile. This action was taken, the government said, because of an outbreak of political violence and to counteract an increase in terrorism. There were 735 bombing attacks in 1984 according to the U.S. Department of State.1 Chile has been under one or more “states of exception” almost continuously since the military coup in 1973 that brought Augusto Pinochet to the presidency. The states include “state of danger of disturbance to internal peace,” “state of emergency,” and state of siege, which are provided for under the Transitory Articles of the September 1980 Chilean constitution. A state of siege was put into effect in September 1973 and remained in effect until March 1978, when it was replaced by a state of emergency. On March 11, 1981, a state of danger to internal peace was put into effect concurrent with the state of emergency. When a state of siege was declared in November 1984, a state of danger and a state of emergency were already in force. Under Transitory Article 24, when the president declares a state of danger, the minister of the interior is vested with the authority to detain people incommunicado for up to 20 days without charges or to banish them to internal exile (relegación) for up to 90 days, subject to extension, without trial or judicial

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BACKGROUND

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appeal. The state of siege added more restrictions, such as strict press censorship, suspension of publication, and a curfew, the curfew was in effect from midnight until 5:00 a.m. while the delegation was in Santiago. A state of siege, under Article 41, also allows the president to banish people to internal exile until the state of siege is lifted. (While the state of siege was lifted on June 17, 1985, the other states of emergency remained in effect.) Following the November 1984 declaration of a state of siege, reports of violations of human rights in Chile began to increase significantly. This led the Committee on Human Rights to consider sending a delegation to Chile. Of particular concern to the committee were reports that security forces had detained several scientists, engineers, and medical professionals, held them in incommunicado detention, and subsequently banished them to small villages in remote areas of the country. University teachers were also reportedly harassed or dismissed from their jobs, presumably for political reasons. These disturbing reports of new violations of human rights in Chile were added to the committee's long-standing concerns about colleagues reported to have “disappeared” since 1973 and whose cases had never been resolved. (Disappeared is a term that has come to be used to describe people who have vanished after being abducted by plainclothes or uniformed police or troops.) There was also concern about colleagues who had been imprisoned and about whom the committee had received no further information, as well as allegations of torture by members of the Chilean security forces and the possible involvement of medical professionals in torture. After February 2, 1985, when the state of siege was extended for another 90 days due to “internal convulsion,” strong support developed for a committee delegation within the Academy complex and from a number of human rights organizations and professional scientific societies. With the approval of Frank Press, president of the NAS, the delegation

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BACKGROUND

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of the Academy's Committee on Human Rights went to Santiago on March 17 and was in Chile for almost one week, until March 22. The delegation to Chile had three major objectives: (1) to meet with government and university officials, members of the scientific and legal communities, representatives of scientific, medical, and human rights organizations, and victims of human rights abuses to discuss the concerns of the members of the Committee on Human Rights and the U.S. scientific community regarding reports of human rights abuses affecting scientists, engineers, and medical professionals, (2) to gather information on the status of colleagues reportedly banished to internal exile or dismissed from their jobs in recent months, and (3) to obtain information on the whereabouts and legal status of scientists and medical professionals who reportedly have been imprisoned or disappeared since 1973. Prior to the delegation's departure for Chile, the committee staff arranged for meetings to be held in Santiago with several human rights groups and scientific organizations. In addition, the delegates contacted several U.S.-based human rights groups and professional societies to ensure that the information on the cases about which the delegation would be making inquiries was as up to date and accurate as possible. The presidents of both the American Physical Society and the American Mathematical Society expressed support for the delegation and requested that information be obtained on cases of particular concern to their societies. Committee chair Eliot Stellar wrote to Hernán Felipe Errazuriz, the Chilean ambassador to Washington, about the committee's plans for the delegation and requested that committee representatives be given an opportunity to meet with him, before the delegation's departure, to express the committee's concerns and to request appointments with various government officials in Santiago. Ambassador Errazuriz promptly agreed to meet with the committee's representatives.

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BACKGROUND

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The meeting was held on March 15, 1985, at the Embassy of Chile. It was attended by committee member Christian Anfinsen, committee director Carol Corillon, Ambassador Errazuriz, his minister counselor, Octavio Errazuriz, and the ambassador's first secretary, Alfonso Silva. The committee representatives explained the purpose of the delegation's visit to Chile and told Ambassador Errazuriz that, although the visit would be private, a public report would be issued following the delegation's return to the United States. (The delegates felt strongly that, given the private and information-gathering nature of their trip and the existing political situation, they should maintain a low profile while in Chile and decline any requests for interviews from the press.) The committee representatives gave the embassy officials a list of colleagues reported to have been banished to internal exile without charges or trial in recent months, or arrested or disappeared in years past (see Appendix A). Ambassador Errazuriz was also given a list of Chilean government and university officials with whom the members of the delegation wanted to meet. The ambassador told the committee representatives that the committee's lists would be sent to the Chilean Ministry of Foreign Affairs and that the ministry's assistance to the mission would be requested. Prior to the departure of the delegation, courtesy visits were requested at the U.S. Department of State with David Dlouhy, country officer for Chile, and Elliott Abrams, assistant secretary of state in the Bureau of Human Rights and Humanitarian Affairs. Baruch Blumberg and Carol Corillon met with David Dlouhy and, since Elliott Abrams was not available, they met with members of his staff--James Thyden, director of the bureau's Office of Human Rights, and Marianne Gustafson, regional officer for Latin America. The delegates expressed the committee's concerns and described the objectives of the mission. They asked David Dlouhy to request that the American Embassy in Santiago assist the delegates in making appointments with Chilean

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BACKGROUND

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government officials. Mr. Dlouhy said that he would convey the delegates' request. While in Chile, the delegation members met with, among others: Ricardo García Rodríguez, the newly appointed minister of the interior Mario Calderone, special ambassador for human rights to the United Nations Economic and Social Council in Paris and the Human Rights Commission in Geneva Enrique Carvallo Díaz, director of the Diplomatic Academy Andrés Bello Leonidas Irarrazaval Barros, member of the Council of Advisers to the Foreign Minister Rafael Retamal, the elected president of the Supreme Court Cardinal Raul Silva Henríquez James D. Theberge, U.S. ambassador to Chile Paul Dépis, French ambassador to Chile The rectors and staff of the Universidad de Chile (University of Chile) and Universidad Católica de Chile (Catholic University of Chile) Members of the Academia Chilena de Ciencias (Chilean Academy of Sciences) Members of the Academia Chilena de Medicina (Chilean Academy of Medicine) Members of the Colegio Médico de Chile (Medical Association of Chile) Members of the Comisión Chilena de Derechos Humanos (Chilean Human Rights Commission) Members of the Vicaría de la Solidaridad del Arzobispado de Santiago (Vicariate of Solidarity of the Archdiocese of Santiago) Members of the Asociación Universitaria y Cultural Andrés Bello (Andrés Bello University and Cultural Association) Members of Corporación de Investigaciones Económicas para Latinoamérica (CIEPLAN, Center for Economic Research for Latin America) Members of the Corporación de Promoción Universitaria (Center for the Advancement of Universities)

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BACKGROUND

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Members of the Comisión Nacional Contra la Tortura (National Commission Against Torture) Members of the Fundación de Ayuda Social de las Iglesias Cristianas (Christian Churches' Social Assistance Foundation) (For additional information about the human rights and scientific groups and associations contacted in Chile, see Appendix B and Appendix C, respectively.) In addition to these meetings, Chilean scientists in Santiago invited Professors Blumberg and Debreu to give scientific lectures in their fields of specialization. Professor Blumberg lectured on hepatitis B virus and the prevention of primary cancer of the liver at the Hospital Clínico/Universidad de Chile, and Dr. Debreu lectured on economic equilibrium and the function of prices at CIEPLAN.

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FINDINGS

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Findings

This section of the report presents the delegation's findings on detention and internal banishment, exile, imprisonment, torture, “disappeared” people, and academic freedom. It contains information obtained by the delegates from a variety of reliable sources in Chile and information gathered both prior to and following the mission. TEMPORARY DETENTION AND INTERNAL BANISHMENT The Scope of the Practice The committee was told that many of the people who were detained and subsequently sent into internal exile without charges are believed to have been banished for political reasons: i.e., they voiced criticism of the government or its practices, they are human rights or labor union activists, they were involved in demonstrations against the government, or they are members of opposition or banned political parties. According to the Comisión Chilena de Derechos Humanos, a group made up mostly of lawyers who work to protect and promote human rights, more than 31,000 people were detained for political reasons in November and December 1984: 28,459 in November and 3,417 in December. During those two months states of danger, emergency, and siege were in effect simultaneously. Most of those

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FINDINGS

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detained were picked up during raids on shantytowns by members of the security forces, usually Carabineros (the armed, uniformed, national police force that also deals with civil disturbances and national emergencies), and held in temporary detention without charges. In general, the detentions were arbitrary, carried out without warrants, and often violent. The delegates were told by human rights groups that temporary detentions are believed to be carried out in an effort to intimidate people in opposition to the government. Also in the last months of 1984, more than 700 people were banished. According to statistics compiled by the Vicaría de la Solidaridad, a highly respected group that is active in human rights work and run by the Catholic church, 733 people were banished in 1984: 136 of them in October, 426 in November, and 139 in December. Transitory Articles 24 and 41 are applicable in cases of banishment. They are both for 90 days but under Article 41 banishment can be, and sometimes is, extended. All of those colleagues about whom the committee specifically inquired had been banished under the somewhat less severe Article 24. According to reports, most of the people who were banished were first detained and then put on buses and transported long distances (500 miles or more) from their homes to small towns or villages--without charges or access to legal representation and often without their families' being told where they were being taken. There was no trial or right to appeal to an independent court. In the villages, although some people were able to find work, most were dependent on the church or the local villagers for food, clothing, and shelter. In most cases the relegados were restricted to the village and required to report regularly, usually twice a day, to the local police. They were generally allowed to meet with certain visitors, to receive mail and money, and to make telephone calls. However, in Pisagua, a remote, heavily militarized rural locality (localidad rural) some 1,185 miles north of Santiago, the treatment and conditions of

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FINDINGS

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confinement of exiles were reported to be much more severe than for those sent to other towns and villages. Pisagua was closed to all but a few visitors. Estimates received by the delegates reveal that between 400 and 500 people were being held in Pisagua at the time of the delegation's visit, 39 of those exiled to Pisagua were reported to have been released during that time--on March 19, 1985. The delegates expressed serious concern to everyone they met about banishment for political reasons. They specifically requested information on six colleagues who had been banished in November and December 1984. (A seventh person for whom the committee had previously made inquiries, Fanny Pollarolo, a psychologist, was released several days before the arrival of the delegation. 2 ) On March 19, the delegates met with Leonidas Irarrazaval Barros of the Council of Advisers to the Foreign Minister, Ambassador Mario Calderone, and Enrique Carvallo Díaz. Irarrazaval said that “exceptional measures” had been taken and that the individuals about whom the committee had made inquiries had been freed. While he was not able to provide the dates on which they had been freed, over the course of the next few days human rights organizations gave the delegates the release dates of those who had already been freed and the expected release dates of those still believed to be in internal exile. Individual Cases As mentioned above, prior to the departure of the delegation to Chile, the committee sent the Chilean authorities the names of a number of colleagues who had reportedly been banished to internal exile. According to the committee's information, these people--fellow scientists, engineers, and medical professionals--had been banished for the nonviolent expression of their beliefs. The list included Juan Restelli Portuguez, a physician, Douglas Fuenteseca, a mathematician, Ricardo Fuentes Romero, an

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FINDINGS

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engineer, Armando Guerra Cano, an engineer, Jaime Pérez de Arc Araya, an economist, and Pablo Venegas Cancino, a psychiatrist. Once in Chile, the delegation also learned of the banishment of Ricardo Godoy, a physician. On March 20, the delegation attended a three-hour meeting at the offices of the Colegio Médico de Chile, an independent professional association of physicians. The meeting was attended by the officers of the association and was chaired by its president, Juan Luís González. During the meeting the delegates were introduced to Dr. Juan Restelli Portuguez and Dr. Ricardo Godoy--who had just been released from internal exile. Their cases are described in this report in detail because the delegates were able to talk directly with them about the circumstances of their arrests and periods of banishment. The other cases summarized in this section contain what limited information the delegates were able to obtain from secondary sources during the course of their mission. Juan Restelli Portuguez, Physician Dr. Restelli is a general practitioner in private practice in Arica and is a member of the Comisión Nacional Contra la Tortura and the Comisión Chilena de Derechos Humanos of Arica. (Arica is about 1,270 miles north of Santiago on the Peruvian border in one of the driest areas in the world.) A private organization, the Comisión Chilena de Derechos Humanos campaigns against violations of human rights, including torture, arranges treatment for torture victims, and takes legal action on their behalf. Dr. Restelli also assists various social organizations by providing medical care to those banished to Arica by the government. At the meeting with the delegation, Dr. Restelli described his period of banishment and his human rights activities prior to his arrest, he said that it was important that others know about his experiences and the general situation in Chile.

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According to Dr. Restelli, governmental repression in Arica intensified in 1983. In August 1983, he examined and provided medical assistance to four trade union leaders who were seriously tortured while held in solitary confinement by the Central Nacional de Informaciones (CNI), Chile's secret police. 3 He said that the examination of these torture victims was the most dreadful experience in his life and that since then he has worked in defense of human rights. Dr. Restelli said that, at the request of the chief justice of the court of appeals of Arica, he prepared a medical report on the four victims. (According to Dr. Restelli, these four people are still in jail in Arica under false charges, and no action is known to have been taken on the report of torture.) Subsequent to presenting the report, he said he began having problems with government security agents. He was followed by CNI agents, and in February 1984 his car was fire-bombed. Although the Comisión Chilena de Derechos Humanos brought Dr. Restelli's case to the local courts, no investigation has been undertaken, and no arrests have been made. Because the local press in Arica reportedly refused--either out of fear or censorship--to publish Dr. Restelli's statement about the incident, the Consejo Regional de Arica (Regional Council of Arica) of the Colegio Médico de Chile decided to “break through the barrier of silence”: the office printed a pamphlet describing the incident, which was distributed on the streets and left in doctors' offices. Dr. Restelli was elected president of the Arica branch of the Comisión Chilena de Derechos Humanos on January 4, 1984. On December 23, 1984, four CNI agents detained him at his home and subsequently transported him to the south of the country along with 16 other people--mostly professionals and leaders of union organizations. He was banished, along with two other people, to the town of Portezuelo, about 1,535 miles south of his home. Dr. Restelli said that the treatment he received was better than that received by others and that he and

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his medical colleagues were able to work in their professions and were allowed visitors without any restrictions. Dr. Restelli also said that he very much appreciated the hundreds of letters of support he received from medical colleagues around the world as a result of efforts made by the Colegio Médico de Chile. During his banishment, Dr. Restelli informed the Colegio Médico that he had decided not to appeal for a reduced sentence because no charges had been brought against him and he felt that he had done nothing wrong. He said that his work had been legal and that he had defended individual, fundamental rights. Dr. Restelli was released on March 19, 1985, after spending 87 days in internal exile. His meeting with the committee delegation took place two days after his release. In late April the committee's delegates received reports that Dr. Restelli and several other people who had been banished with him had received a threatening letter from a group calling itself the “Comando Anti-Comunista.” This was not the first time that Dr. Restelli had received threats. The latest threat was a single sheet of paper with a cross, red spatters resembling drops of blood, and a red check-mark next to Dr. Restelli's name (see Appendix D). This provocation was particularly alarming in view of the kidnapping and murder, by armed men in civilian clothes, of a human rights worker and two other people at the end of March in Santiago. 4 According to an article in the local Arica newspaper, La Estrella de Arica, on April 9, 1985, entitled “Once Dirigentes Amenazados de Muerte” (“Eleven Opposition Leaders Threatened with Death”), a formal request for protection that was presented to the local court of justice was accepted, and Dr. Restelli and others were subsequently placed under the protection of the Carabineros. The committee's delegates wrote to Chile's interior minister, Ricardo García Rodríguez, to express their concern about the threatening letter and to request that protection for Dr. Restelli be assured. In response, García wrote: “With respect

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to your inquiry about the situation of Dr. Juan Restelli Portuguez, I can tell you that he enjoys full freedoms and is afforded due personal protection, as stipulated in an order from the courts.” Ricardo Godoy, Physician Dr. Ricardo Godoy, a surgeon from Arica, is the secretary of the Consejo Regional de Arica (Regional Council of Arica) of the Colegio Médico de Chile. He told the delegation that following a public appeal in December 1984 for a prompt return to democracy in Chile, in which he and others participated, 16 people from Arica, mostly professionals, were detained under Transitory Article 24. Dr. Godoy was arrested the following day and taken by security forces to Santiago along with a professor and a lawyer, where the group was joined by the others from Arica who had been arrested. They were locked in cells, and all of their personal belongings were taken. The following day they were taken by bus to the city of Chillán, about 1,520 miles south of Arica, and then sent by the authorities in groups of twos and threes to rural communities around the city. Dr. Godoy was sent to the nearby town of Ninhue. No reason was given for his banishment. The following excerpts are from Dr. Godoy's report of his stay in exile. They were taken from a report of the delegation's meeting that was written and translated into English by the Colegio Médico de Chile: The villagers and the parish priest, who provided all forms of assistance, accepted us rather kindly. Since the inhabitants are extremely poor I immediately began to provide medical assistance. A clinic was set up in the rectory. We had some drugs sent by the Regional Council of the Colegio Médico de Concepción. In addition, we had a large number of drugs from Germany which had been donated to the parish by

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church organizations and which had not been used since there were no doctors who could prescribe them. We were able to translate them and prescribe them. I was later joined by my wife and small daughters, who were sent by the Regional Council of Arica of the Colegio Médico. I also received economic assistance from my colleagues, since my salary had been withheld. We were constantly being visited by representatives of several professional associations. They included, of course, doctors, attorneys, teachers, church organizations from the Acción Fraterna of the Archbishops See, the Commission on Human Rights, different labor unions, and many outstanding public figures, including humble farmers. This made us feel less lonely.

According to Dr. Godoy, the Colegio Médico contacted the minister of the interior and requested that Dr. Godoy be released so that he could undergo needed surgery. As a result, he was released one month before the end of his 90day term. Dr. Godoy told the delegates that the other banished professionals had just been released, they were freed several days before the expiration of their terms. Douglas Fuenteseca, Mathematician Douglas Fuenteseca was an instructor of mathematics at the University of Antofagasta and a member of the university senate when he was detained and banished in 1984. According to members of the Chilean mathematical society, Fuenteseca collected money and established a fund to pay for the students' breakfasts after the dining hall at the university was closed following a student strike. Shortly thereafter, on November 30, 1984, he was detained by security forces and disappeared for several days. Subsequently, he was reported to

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have been handcuffed and blindfolded in detention until December 4, when he was banished to the village of Catapilco, some 650 miles south of his home. During Fuenteseca's exile, the president of the Sociedad de Matemática de Chile (Chilean Mathematics Society), Rolando Rebolledo, traveled to Catapilco to visit Fuenteseca and to deliver greetings to him from the society's members. On December 29, 1984, the Sociedad de Matemática held a mathematics conference in Catapilco to demonstrate support for Fuenteseca. His colleagues said they found him in good health and spirits, although, while in detention, Fuenteseca was forced to sign and put his fingerprint on a “confession” while blindfolded. The Sociedad de Matemática set up a fund to provide Fuenteseca with financial support during his exile, and its members reported having received numerous letters of support for their activities in behalf of Fuenteseca from groups such as the Société Mathématique de France, the American Mathematical Society, the International Mathematical Union, and the Federación Latinoamericana de Matemáticas. Fuenteseca was released on March 10, 1985. Ricardo Fuentes Romero, Engineer Ricardo Fuentes Romero was reportedly arrested in Arica by plainclothes policemen on December 23, 1984, and transferred the same day to Santiago. He was subsequently banished without charges or trial to the town of El Carmen, about 1,540 miles south of Arica. According to information obtained by the delegates, Fuentes was expected to be released from banishment on March 26, 1985. Ada Cam Castillo and Manuel Alarcón Valdivía, Mathematicians In early December 1985 the committee sent telegrams to the Chilean authorities requesting information on

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the status, whereabouts, and physical well-being of these two mathematicians who were picked up on November 29, 1984, and disappeared for several days. Both were mathematics instructors at the University of Antofagasta. According to information received by the delegation from members of the Chilean Mathematics Society, Cam and Alarcón were handcuffed and blindfolded and held in detention for seven days. They were released on December 7, 1984. Armando Guerra Cano, Engineer Armando Guerra Cano was arrested on November 24, 1984, in Arica. He was subsequently banished without trial or charges to the city of Panguipulli, some 1,760 miles to the south. The delegates learned that he had been freed, but the date of his release is not known. Jaime Pérez de Arc Araya, Economist CNI agents reportedly arrested Jaime Pérez de Arc Araya in Santiago on December 13, 1984, and took him to a CNI detention center. Six days later--on December 19--he was banished to the city of Quilaco, about 340 miles south of Santiago. He was expected to be released from banishment on March 24, 1985. Pablo Venegas Cancino, Psychiatrist Plainclothes policemen arrested Pablo Venegas Cancino on November 27, 1984, during a demonstration. His home was searched, and he was allegedly tortured while in detention. Although the committee had been under the impression that Dr. Venegas had been banished, the delegation learned that, following interrogation, he was released on November 30, 1984.

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EXILE The subject of Chilean colleagues living outside the country in forced exile was brought to the attention of the delegates during meetings with professional and scientific groups. Under a state of emergency, President Pinochet can keep Chileans from returning to the country on the grounds that they “constitute a danger to the security of the State.” The delegates were told that, since 1983, the number of people forcibly exiled has been reduced from an estimated 11,000 people to between 4,500 and 5,500 people in early 1985. However, many of those who are now allowed to return to the country reportedly experience difficulties finding suitable jobs. According to information from the Colegio Médico de Chile, 360 Chilean physicians are now living outside the country. This number includes those exiled by the government of President Pinochet, those who are living abroad voluntarily, and those who left Chile as students and obtained their degrees while abroad. Of the more than 100 physicians who were forced to leave Chile, the colegio reported that in November 1984 the minister of the interior sent them a list of about 50 who would no longer be prevented from returning to Chile. Of the 100 physicians who were forced to leave, 65 approached the colegio for assistance in obtaining permission to return to Chile. The 30 physicians listed below are among those who reportedly have not been permitted to return to Chile, despite the efforts of the colegio. Name

Registration No.

Barberis Yori, Víctor

3779

Barceló Amado, Nelly Patricia

7906

Behm Rosas, Hugo

417

Carrera Villavicencio, María Elena

4122

Cerda Catalán, Moises

2454

Cid Palacios, Patricio

7094

Condeza Vaccaro, Edgardo

6089

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Díaz Amaro, Graco Magallanes

6030

Enríquez Frodden, Edgardo

124

Glisser Weinstein, Mario Boris

7436

Godoy González, Luís Josí

11017

González Dagnino, Alfonso

3140

González Toro, Cristián Carl

5326

González Wood, Hernán Arturo

4112

Honorato Lobos, Ricardo

1044

Jadresic Vargas, Alfredo Arturo

3099

Jara Avaca, José René

4652

Molina Martínez, Gustavo Ernes

6172

Morales González, Jorge

4201

Murua Chevesich, Iván

7824

Navarrete Coubler, Soledad

10182-6

Reszczynski Padilla, Kathia Alejandra

7502

Rodríguez Maturana, Héctor Miguel

4595

Rojas Valencia, José Luís

67631

Salas Santana, Eduardo

6078

Villarino Herrería, Hernán

14127-5

Villarroel Machuca, Carlos Armando

7014

Vinet Palma, Jaime Sebastián

7139

Wéber Ubilla, Claudio

7500

Zúñiga Gajardo, Manuel

3842

In addition to these physicians, at least 30 Chilean biologists are known to be living in the United States and another 15 in Europe. However, the delegates were not able to learn which of them are not allowed to return to Chile. A physician and professor of medicine at the Universidad de Chile and at the Universidad Católica de Chile, Héctor Orrego Matte, was dismissed from the Universidad de Chile in 1974 for allegedly being responsible for “violence and dangerous acts.” He became a professor of pharmacology and physiology at the University of Toronto. Dr. Orrego was finally given permission to return to Chile in May 1983, and he returned to Chile for visits in July and August 1984 and May 1985. 5 According to members of the Sociedad de Matemática de Chile, a Chilean mathematician, Manuel Barahona, was allowed to attend the first Chilean

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Mathematical Symposium in Valparaíso in 1981, but when he tried to enter the country in November 1984 he was denied entry. IMPRISONMENT The delegates made specific inquiries concerning three people whose cases had come to the attention of the committee prior to March 1985. Most of the information provided here was obtained by the committee delegates from the Vicaría de la Solidaridad.

Ramón Arriagada, Architect Ramón Arriagada was reportedly kidnapped on February 25, 1985, by two unidentified civilians who forced him into a van. Arriagada claims that he was interrogated under torture--both physical torture (electric shock) and psychological pressure--for six days. On the seventh day of his detention, March 3, he says he was taken to a small, prefabricated cottage where he was given some bedding and told to remain. On March 6 he was taken back to Santiago and held in the same secret detention center in which he had been originally interrogated. That night, under threat of death, he was told to take a bus to his mother's home in Cobquecura, about 250 miles from Santiago, and to remain there for at least 15 days without contacting anyone. About a week later, Arriagada's friends took him to Santiago where he brought his case to the attention of the courts. Arriagada's lawyer, Carlos Fresno, is reported to have said that Arriagada's detention, like other such cases, has been denied by the security authorities. Fresno reportedly believes that the kidnappers belong to a branch of the security forces because of the character of the detention, i.e., interrogation to obtain “political information.” According to declarations made by Arriagada to the Vicaría de la Solidaridad, he did nothing illegal and plans to continue legal action.

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Carlos Humberto Contreras Maluje, Chemist/Pharmacist Carlos Humberto Contreras Maluje, a councilor for the municipality of Concepción, disappeared almost nine years ago. On November 3, 1976, he was reportedly being followed by plainclothesmen in a Fiat 125, he believed they were agents of DINA (the predecessor of the CNI), and threw himself in front of a minibus (see note 3). According to bystanders, he was bleeding from the head and appeared to be seriously injured. Six eyewitnesses testified at a subsequent investigation that Contreras Maluje was picked up by the plainclothesmen and thrown into their car. He screamed for help, said that he was being taken away by members of DINA, gave his name, and asked that bystanders inform the staff at his pharmacy in Concepción that he had been picked up. A recurso de amparo (similar to a writ of habeas corpus) was submitted by his family to the Court of Appeals of Santiago. The minister of the interior rejected a request that more than six witnesses be permitted to testify, but a majority of the court voted that Contreras Maluje should be released. The decision was contested by the Interior Ministry, which refused to release Contreras Maluje. he Appeals Court held a plenary session, and the case was referred to the Supreme Court. On January 31, 1977, the Supreme Court sent the case to the fifth level of the Court of Appeals where further testimony was heard from a captain of the Carabineros. The case was then returned to the Supreme Court. A complaint was filed against DINA for illegal arrest and detention of Contreras Maluje. On July 5, 1978, a military higher court found insufficient evidence to uphold the crime described in the petition. No further action is known to have been taken, and Contreras Maluje has not been seen since his abduction. He is one of the disappeared (see below).

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Alfredo Iriarte Iriarte, Mathematics Teacher According to reliable reports received by the committee in 1982, Alfredo Iriarte Iriarte was picked up, along with several other people, on November 27, 1981, by plainclothes police of the Brigada de Asaltos de Investigaciones (plainclothes civilian investigative agency). He was reportedly held at the Investigaciones headquarters in incommunicado detention until December 9. There were allegations of torture during the first few days of his detention, and Iriarte's lawyer reportedly filed a complaint of unlawful treatment with the courts. Iriarte then was apparently sent to La Serena prison and later sent into internal exile. Letters of inquiry regarding the details of Iriarte's detention sent by the committee to the Chilean authorities in 1982 were never answered. It is not clear where Iriarte spent his term of banishment nor how long he was there, however, according to information received by the delegation from the Vicaría de la Solidaridad, Iriarte is now free. TORTURE The World Medical Association defines torture, in the 1975 Declaration of Tokyo, as “the deliberate, systematic, or wanton infliction of physical or mental suffering by one or more persons acting alone or on the orders of any authority to force another person to yield information, to make a confession, or for any other reason.” Extent of Torture In 1984, Dr. Juan Luís González, president of the Chilean Medical Association, testified before the U.S. Congress that “torture has been an instrument

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used by the authorities in Chile during the past ten years.” 6 The report by Dr. González was one of many that had come to the attention of the committee. The members of the delegation requested information on the issue of torture during a formal meeting with members of the Colegio Médico de Chile. They also brought these concerns to the attention of Chile's newly appointed minister of the interior, Mr. Ricardo García Rodríguez, who is legally responsible for the CNI (the secret police). The minister, in explaining legal recourses available in Chile, told the delegates that the state of siege did not impede habeas corpus and that no detention can take place, except for a few days, before the courts intervene. He said that Chile is eminently legal. Actions taken during states of emergency, he said, are framed by laws, and it is not in the interest of the government to act outside the law. “Detention has to be pure and perfect, but men are not perfect and at the point of detention they can commit crimes. If this happens, we must investigate.” García assured the delegates that he would personally ensure that cases of torture are investigated. He said that if acts are committed outside the law during detention, the law requires that they be investigated. Over 200 cases of alleged torture by members of the Chilean security forces have been presented to the Chilean courts. At the time of the committee's mission to Chile there had been no convictions, although a few of the cases had been investigated. Rafael Retamal, the elected president of the Supreme Court, also commented on the question of habeas corpus under the state of siege. He told the delegates that habeas corpus is very restricted under various emergency decrees, including the state of siege. According to Retamal, under the state of siege, the courts cannot ask for clarifications or contest administrative actions, which “make(s) it very difficult to issue a writ of habeas corpus.” Although no statistics were available, Retamal estimated that before November 6, when the

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state of siege was instituted, about 2 percent of the writs of habeas corpus submitted were accepted, while the remainder were rejected under the articles of the transitional constitution. With regard to cases of torture brought to the courts, Retamal said that some of the cases were those of people who had died under torture, while others were those of people who had been tortured and survived. Retamal said that in some cases the judges ordered investigations and that in others, involving the military, cases were sent to the military courts. However, at the time of the delegation's visit, none of the cases had been resolved. 7 While the courts request information from the military, Retamal said, not enough information is ever provided, and proceedings come to a standstill. During their meeting with Leonidas Irarrazaval Barros of the Council of Advisers to the Foreign Ministry, the delegates also expressed their concerns about torture in Chile. Irarrazaval said this question had been anticipated, that he had spoken with the minister of foreign affairs, and thus “had the authority to say that systematic torture does not exist in Chile.” If torture exists, he said, “it is like torture in the United States or in France ....” Irarrazaval also said that torture in Chile is a severe crime, sometimes punishable by death. The delegates asked whether anyone had been brought to trial for torturing political detainees, and Irarrazaval cited two cases: one in 1982 in the northern part of Chile that involved three security agents, and another in 1984 that reportedly involved two policemen. He said these agents were tried by the civil courts, condemned to death, and executed. When the delegates asked Rafael Retamal, the president of the Supreme Court, about these alleged executions, he said he was not aware of any such cases. In further attempts to obtain independent confirmation of this information, the delegates were told that the only cases involving executions of security force members fitting the description provided by Irarrazaval

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were those of security agents and policemen condemned to death for murder linked to robbery or violent, psychopathic, sex-related crimes unrelated to political detention. In conversations with professional colleagues involved in human rights work, the delegates were told that, during the 12 to 18 months prior to their visit, there appeared to be a government policy of intimidation and calculated brutality, particularly during antigovernment protests. These colleagues said security officers were very rarely punished, at least not publicly, for these offenses. They said that six to ten cases involving agents of the Carabineros or Investigaciones had been brought before the courts but that there had been no convictions. The delegates were also told that, since the 1984 declaration of the state of siege, the Supreme Court had ordered the lower courts to accept writs of habeas corpus and to investigate cases of alleged torture. Staff members of the Vicaría de la Solidaridad told the delegates that when people come to report that they have been tortured, they must sign a sworn, notarized statement that allows the Vicaría to present their cases to the courts if evidence of torture is found. While condemning cruel treatment such as street beatings and shootings with rubber bullets by the security forces, the Vicaría does not classify such treatment as “torture.” 8 The Vicaría estimates that about 60 percent of people tortured in Chile report their cases to the Vicaría. In 1983, the Vicaría documented 60 cases of people who were tortured while detained by the security forces: in 1984, it documented 156 such cases, 90 percent involved males and 80 percent involved people between the ages of 18 and 30 years. The most common forms of torture used in Chile, the delegates were told, are falanga (beatings on the soles of the feet), the use of the picana (electric cattle prod), and the parilla (a form of electric torture that involves strapping the prisoner to a metal bed or bedsprings--often with strips of wet cloth--and sending electric currents

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through the victim's body). According to the Vicaría, two people died as a result of torture in recent months, Mario Fernández López in October 1984 and Carlos Godoy in February 1985. According to Dr. Ramiro Olivares, a physician at the Vicaría's offices, few torture victims require hospitalization by the time they come to the Vicaría to file a complaint. Many victims are kept in prison after they are tortured, which often makes it difficult to document the physical sequelae of torture, particularly when electric shock is used, because the visible physical evidence can be slight or nonexistent. Aside from physical problems, Dr. Olivares said torture victims often suffer from a high level of anxiety. In some cases the symptoms last from four to five months, and for those victims who become depressive, the sequelae can last for years. The worst cases are those of people who have been sexually abused, Dr. Olivares said, these cases require longer and more intensive treatment. Dr. Olivares showed the members of the delegation numerous photographs of people whose bodies showed evidence of torture or ill-treatment. All the victims photographed had come to the Vicaría to file a complaint against the Chilean security forces and to be examined and treated. At a meeting with the Fundación de Ayuda Social de las Iglesias Cristianas (FASIC), whose staff consists primarily of psychiatrists and psychologists, the delegation asked about the psychological effects of torture. FASIC is an ecumenical center, representing several religious groups, that provides psychological treatment for victims of torture and their families. A member of the professional staff at FASIC told the delegates that psychiatric treatment often has been difficult because of the lack of clinical and scientific literature on torture victims. Since it is not easy for the victims to describe how they were tortured, one psychologist told us, rehabilitation can often be a lengthy process. Psychologists working with FASIC have found, however, that once a victim understands why he or she was tortured, rehabilitation is easier.

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Cases of people who are arrested by mistake and tortured are reported to be the most difficult. Those people who know they were tortured for their beliefs, or for other reasons, are usually better able to cope. In 1984, FASIC's staff treated 147 victims of torture and 35 members of their families. The FASIC staff told the delegates that, under Chilean law, detainees are required to be examined by a physician both before and after detention. Consequently, upon release, a physician may falsely report that a detainee bears no signs of torture. In addition, before release, some prisoners have been required to sign statements indicating that they were not tortured while in detention. According to FASIC, torture increased in Chile after the declaration of the state of siege in November 1984. Actions by the military became more violent and brutal, particularly in the slum areas, where mass demonstrations against the government were taking place. During the demonstrations, selected individuals were often tortured intensively for a few days, to create a sense of panic, fear, and intimidation within the general population. Staff members at the Vicaría de la Solidaridad and FASIC told the delegates that while in the mid-1970s torture was usually attributed to the secret police, it is now practiced by all branches of the security forces. Collaboration of Medical Professionals in Torture In Dr. González's testimony before the U.S. Congress (see note 6), he said that “in accordance with Chilean law, anyone who is arrested or jailed must be examined by a physician when entering and leaving detention .... Nevertheless, we know that there are physicians who certify the physical condition of persons arrested in secret places without examining them at all, or performing only a very superficial examination.” He went on to say:

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These health certifications have been used for different purposes, especially to give torture and arrest in secret places the appearance of legal processes, and, what is worse, to certify in some cases the degree of torture an arrested person can withstand.

Written certifications are routine, he said, and often the signatures of the examining physicians are illegible, making it impossible to know which physician signed the certificates. In other cases, he said, “some physicians have suffered retaliation after denouncing or certifying acts of torture.” At the meeting held with members of the Colegio Médico, the delegates specifically requested information on reports of the involvement of medical professionals in torture. They were told that in 1983, when the Colegio Médico reviewed and amended its code of ethics, two provisions dealing with torture were included. This was done, according to Dr. Carlos Trejo, president of the Ethics Department of the General Council, to establish clear and positive rules for physicians. Patricio Figueroa, the colegio's attorney, pointed out that the two provisions against torture--Articles 5 and 25--were included because of the colegio's concern about “the increase in the use of torture and other ill-treatment and because of charges that doctors were involved . . .” (see Appendix E). Dr. Trejo said that the code of ethics “was given wide circulation and that the colegio has held meetings on ethics and encouraged members to write papers on ethics issues.” Dr. Trejo also pointed out that there had been “a clear absence of teaching on such matters in . . . academic work.” In March 1985 the Colegio Médico issued guidelines that describe conditions under which physicians should not attend to patients: (1) if the physician has been ordered not to identify himself or to obstruct his identity by physical means, (2) if the physician encounters a patient who is

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blindfolded, hooded, or otherwise prevented from seeing the examining physician, (3) if the patient is held in a secret detention center or has been brought from such a center, and (4) if contact between the patient and physician can only be carried out in the presence of a third party. Dr. Trejo said that shortly after the guidelines were released, a member of the ethics committee received a call from the director of a military hospital who requested that the committee support his efforts to protest an order that hospital staff attend to victims of torture and mistreatment under conditions that are proscribed in the new guidelines. This request is seen as a measure of the actual and potential value of these new guidelines. The colegio has so far investigated five physicians alleged to have participated in the abuse of political detainees. Dr. Villegas, the colegio's general counsel, explained to the delegates that the purpose of such investigations is twofold: to establish the truth and to punish those who are guilty. He said that “the aim is to put a stop to torture in Chile, as torture is something that exists because an entire society condones it.” Dr. Villegas said that torture is condoned for a variety of reasons: societies lack the strength to end it, a large sector of society ignores it, or torture is attributed to psychopaths. Dr. Villegas also emphasized the importance of reconciliation. All accused physicians must agree to be investigated by the colegio. The investigations are conducted in secret in order that the reputations of innocent physicians are not harmed. Physicians who are found guilty are permitted to return to the ranks of their colleagues after having been punished. Measures taken by the colegio against those physicians found guilty can include an oral rebuke, a written reprimand, one year's suspension from the colegio, and expulsion. Because the colegio has no official power to monitor ethical abuses, expulsion from the colegio is the maximum penalty it is able to apply. 9

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Of the five cases so far investigated by the colegio, one has been concluded. The principal army physician in the Lautaro de Rancagua regiment, Dr. Carlos Hernán Pérez Castro, was suspended for a year from the colegio for his role in certifying that María de Los Angeles Sanhueza Ruíz, who had been interrogated in March 1982, was in good physical condition upon release from a secret detention center when, in fact, she had been tortured. The colegio is expected to rule on the cases of the four other accused physicians later this year. According to Dr. González, as many as 30 to 40 physicians may have been implicated in the abuse of political detainees during the past ten years. The case of Dr. Pérez was brought to the Colegio Médico by María Sanhueza in 1983. Sanhueza alleged that Dr. Pérez had given her a cursory physical examination following torture and certified that she was in good physical condition. 10 She said that during her five days of incommunicado detention she was blindfolded, physically beaten, burned with a cigarette, and subjected to electric shocks. In sworn testimony before the colegio's ethics committee, a physician from the Vicaría who examined Sanhueza a week after her release confirmed that she had a visible cigarette burn on her face and that she showed signs of having been beaten on the ears, for which she received treatment from a specialist. Dr. Trejo said that the most important event with regard to the written or documentary evidence produced by the colegio was an invitation to present the colegio's ethical position on the problem of torture to the House of Representatives of the United States in May 1984. He said that this testimony gave rise to subsequent invitations to members of the colegio to speak on torture at the First Ibero-American Congress on Human Rights in Zaragoza, Spain, by invitation from the government of France, and to Pope John Paul II in Rome. Dr. Amador Neghme, president of the Academia Chilena de Medicina (Chilean Academy of Medicine),

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told the delegates that the members of the Academia Chilena de Medicina fully support the Colegio Médico's efforts to prevent professional complicity in torture and that they disagree with the government's decision that revoked the legal authority of the colegio to certify physicians to practice medicine in Chile. Dr. Neghme said that this authority was revoked because the government did not want such power in the hands of institutions over which it had no formal control. Dr. Neghme said that the Colegio Médico has, nevertheless, maintained its moral authority and that between 80 and 85 percent of the country's young physicians still register with the colegio even though they are not required to do so. DESAPARECIDOS--DISAPPEARED PEOPLE The Committee on Human Rights has been concerned for a number of years about the disappearances of 24 scientists in Chile. According to the Vicaría, more than 600 people disappeared between 1973 and 1978, many are believed to have died as a result of torture or extrajudicial execution while in official custody. In 1979 the Supreme Court of Chile appointed special judges to investigate the unresolved cases of the disappeared, to date, no one has been indicted. The committee's delegates submitted the names of disappeared scientists to the Chilean authorities and requested information regarding their whereabouts and legal situation (see Appendix A). Although no information has been received to date from the Chilean authorities regarding the status of these scientists, human rights groups were able to supplement the information previously obtained by the committee. According to the Vicaría de la Solidaridad, Alvarez Santibáñez, a chemist, was detained by the Carabineros on August 15, 1979. The committee was under the impression that he had disappeared, but the delegates were told that he had died, reportedly as a result of torture, on

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August 21, 1979. The Vicaría also informed the delegation that Dr. Carlos Lorca Tobar, a psychiatrist whose status was unknown to the committee, disappeared on June 25, 1975. In addition, the Vicaría provided the delegates with names and background of several scientists whose cases were not known previously to the committee. The delegates also purchased volumes 2 through 7 of a publication by the Vicaría de la Solidaridad of the Arzobispado de Santiago (Vicariate of Solidarity of the Archdiocese of Santiago) entitled ¿Dónde Están? (Where Are They?). These books provide detailed documentation on 478 cases of people, many of whom were political dissidents, who disappeared in Chile between 1973 and 1977, often while in the custody of agents of the government security forces. (Volume 1 is out of print, and volumes 8 and 9 have not yet been published.) Most of the cases were brought to the attention of the Vicaría by the family members of the disappeared, case details were obtained through interviews with witnesses and family members. In most cases, some legal or administrative action was taken either by the family or the Vicaría. These volumes were presented by Cardinal Raul Silva Henríquez to the minister of the interior. INFRINGEMENTS ON ACADEMIC FREEDOM Traditionally, Chile's universities have been self-governing, but when General Pinochet came to power most were placed under military control. Active and retired military officers were appointed as rectors. The delegates encountered considerable discontent among scientific colleagues about infringements on academic freedom at the universities. The specific problems mentioned included a lack of academic autonomy, restrictions on academic curriculum for ideological and political reasons, selection of university administrators on the basis of political allegiance rather than academic and professional qualifications, a view among university

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administrators that a university is a commercial enterprise, awarding scholarships to students on political grounds, and the hiring and firing of academics for political reasons. With regard to the dismissal of academics for political reasons, the general impression given the delegates was that many people were dismissed from their jobs in the mid-1970s--most for political reasons, some for academic reasons, and others for budgetary reasons. Dismissals appeared to be more prevalent in economics and the other social sciences, philosophy, and fine arts than in other disciplines. It is estimated that immediately following the 1973 coup, about 30 percent of the faculties of Chile's universities were summarily dismissed from their posts for political reasons. Most of the dismissals made since then appear to fall into “grey areas”: i.e., it is not clear whether they were done for political reasons, for budgetary reasons, or for academic reasons. However, a number of highly qualified scientists, whose views do not coincide with those of the present government, have reportedly been barred from university positions. According to the January-February 1985 bulletin of the Academia de Humanismo Cristiano (Academy of Christian Humanism), for various reasons “some one hundred functionaries--among them teachers, administrators, and professionals--were dismissed from the Universidad de Chile .... Communications announcing their dismissals began to arrive yesterday [January 4, 1985] to those affected [dismissed].” The bulletin went on to say that “those dismissed are people from the Tower 15 (central administration), legal administration, and from the departments of Medicine, Economic Sciences, Basic Sciences, Philosophy, Humanities and the Main Building (La Tercera, 5.1.85).” The delegates were told by Máximo Pacheco, vice president of the nongovernmental Chilean Commission on Human Rights and a former dean of the Law School at the University of Chile, that 80 percent of the law professors at the University of Chile were

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dismissed during the two-year period following the coup. At a meeting arranged by the Chilean Foreign Ministry, Carlos Martínez Sotomayor, the minister of foreign affairs in 1962-1963 under the Alessandri government, expressed to the delegates his concerns that, within the University of Chile, there exists a “clear discrimination against the country's long-standing cultural and democratic traditions” that will have serious implications for future generations. He said that courses on political international relations, laws for minors, criminology, and aeronautical law have been eliminated, although a course in international public and private law has been maintained. Sotomayor said he was very concerned that students now learn only the legal and judicial aspects of law, not general studies or history. Sotomayor suggested that U.S. universities that had cooperative agreements with Chilean universities, such as those that existed between the University of Chile and the University of California, be reactivated or given additional support. He said that in this way open discussions could perhaps be held again within the universities in Chile. At a meeting with members of CIEPLAN, a private nonprofit economic research institute, the delegates were told that most of its members had worked at the Pontífica Universidad Católica de Chile but decided to leave and do independent research because of the lack of academic freedom. At the Universidad Católica, the rector, Juan de Dios Vial Correa, told the delegates that there had been no dismissals of members of the teaching staff since the declaration of the most recent state of siege. He said that labor laws in Chile do not allow for dismissals. Vial, a highly respected biologist who is one of the few nonmilitary rectors of a university in Chile, had just been appointed to his position, reportedly as a result of pressure on the Chilean government from the Catholic church. At the Escuela de Negocios de Valparaíso (Business School of Valparaíso), which is affiliated with the Universidad Federico Santa María but is located in Santiago, Carlos Cáceres, the director

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of the school and former minister of finance under President Pinochet, told the delegates that there had been no difficulties in running the school, either politically or economically. The school is a private institution that does not receive funding from the government. Cáceres said that he did not know of any professors at the University of Santa María who had been fired since 1983, but in the first few years following the coup many had lost their jobs for political reasons. He said that in the last ten years some economists at the Universidad de Chile had had various problems. The delegates learned later from other sources that these problems were generally associated with allegiance to a particular approach to economics not espoused by the government. The rector of the Universidad de Chile, Brigadier General Roberto Soto MacKenney, told the delegates that the university has a system by which no one can be dismissed without the right of appeal within the university. He said that during the last two years, since he became rector, no one had been expelled from the university for academic or nonacademic reasons, if they had kept up their academic activities. The delegates were told by reliable sources that at the University of Santiago the mathematics department had 12 people with Ph.D.s four years ago and that now only 2 are left. At a meeting with the director of the National Institute of Nutrition, Fernando Monckeberg, and his staff, the delegates were told that only one person had been fired, presumably for political reasons, and that that person was brought back by efforts of the staff. The delegates were told, however, that those in the field of health care had been less affected by political changes than those in the social sciences. The delegates made inquiries of several groups about a number of specific cases involving scientific colleagues who had been dismissed from their posts in recent months. The information they received is summarized below.

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Rubi Rodríguez Moreno Rubi Rodríguez Moreno is a mathematician who received a master's degree (1975) in mathematics from Universidad Técnica del Estado, now the Universidad de Santiago, and an M.A. (1977) and then a Ph.D. (1981) from Columbia University in New York City. She was dismissed from her position as professor of mathematics at the Universidad de Santiago, without explanation but presumably for political reasons, in January 1985. 12 Ada Cam Castillo Ada Cam Castillo is a mathematician who received a master's degree (1980) from the Universidad Técnica del Estado. She was reportedly dismissed from her position as instructor of mathematics at the Universidad de Antofagasta in November 1984 at the time of her arrest (see above, “Individual Cases”). Manuel Alarcón Valdivía Manuel Alarcón Valdivía is a mathematician who received a master's degree (1980) from the Universidad Técnica del Estado. He was reportedly fired from his position as instructor of mathematics at the Universidad de Antofagasta in November 1984 at the time of his arrest (see above, “Individual Cases”). Douglas Fuenteseca Douglas Fuenteseca is a mathematician who received a master's degree (1973) in mathematics from the Universidad Técnica del Estado and another master's degree (1982) in statistics from Centro Interamericano de Enseñanza de Estadística - CIENES (Inter-American Statistics Teaching Center). Fuenteseca was reportedly dismissed from his position as

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instructor of mathematics at the Universidad de Antofagasta in November 1984 at the time of his arrest (see above, “Individual Cases”).

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CONCLUSIONS AND RECOMMENDATIONS

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Conclusions and Recommendations

While in Chile, the delegation's meetings were wide-ranging and diverse. The Chilean ambassador to the United States was very helpful in arranging meetings with government officials who in turn arranged appointments with educational, professional, and administrative officials. The discussions with government and university officials were quite open, opinions were frankly voiced, ideas were exchanged, and a range of views on political and social matters was expressed. It is hoped that the contacts made will prove effective in making known any future human rights concerns of the committee and of other members of the U.S. scientific community. Meetings held with human rights organizations and various individuals were informative. Meetings held with professional associations were thorough and sober. The delegates greatly admire the dedicated manner in which these organizations and associations work in defense of threatened colleagues. During their stay in Chile, the delegates also met with about a dozen members of the Academia Chilena de Ciencias at an informal meeting chaired by its president, Igor Saveedra. Because one of the long-standing, general objectives of the Committee on Human Rights is to establish relationships with academies of science in other countries in order to exchange information on reports of violations of human rights directed against scientists, engineers, and medical professionals,

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this meeting was important to the committee. The delegates described the work of the committee and the objectives of the mission to Chile. Several members of the Chilean academy expressed their concern about colleagues in Chile who had been expelled from their university positions. The academy, they said, was assisting scientists dismissed from their posts, like Rubi Rodríguez (see above), to find other jobs.

Internal Exile The committee was pleased to learn that, during the delegation's visit, all of the colleagues who were internally exiled and who had been the object of inquiries by the committee were released. The committee remains concerned, however, that the practice of banishing people to internal exile for the nonviolent expression of their beliefs remains in effect under Transitory Article 24 of the 1980 Chilean constitution. For instance, Dr. Pedro Castillo, a surgeon and president of the nongovernmental National Commission Against Torture, was arrested at his home by agents of Investigaciones (plainclothes civil police) on August 4, 1985, and subsequently banished without charges or trial to Melinka, a tiny village on the practically inaccessible island of Ascensión in the Archipélaga de las Guaitecas in the southern part of Chile. The island is about 830 miles from his home. On August 22, after strong international protest, including telegrams of concern sent by the Academy's Committee on Human Rights as well as a meeting and telephone conversations with the Chilean ambassador to Washington, Dr. Castillo was unconditionally released by the minister of the interior.11 The Committee on Human Rights urges that colleagues who lost their jobs when banished be allowed to return immediately to their former places of employment and to resume their former positions.

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The Committee on Human Rights asks that colleagues like Dr. Juan Restelli, who have been subjected to violence and threats, be given full protection against such attacks by the Chilean government.

Exile The delegates are very concerned about Chilean colleagues who have not been permitted to return to Chile and who are unable to continue their scientific careers. The Committee on Human Rights urges that those Chilean colleagues who desire to return to Chile be permitted by the Chilean authorities to do so and that, in the interim, any efforts to continue their scientific work in exile be facilitated to the greatest extent possible by their colleagues abroad.

Imprisonment The delegates are not aware of any scientists, engineers, or medical professionals who are imprisoned in Chile for political reasons at this time. They were gratified to learn that Alfredo Iriarte Iriarte and Ramón Arriagada are now free. They remain deeply concerned, however, that Contreras Maluje has not been seen since he was picked up by DINA agents in 1976 and that the government of Chile has never accounted for his whereabouts. The Committee on Human Rights again urges the government of Chile to thoroughly investigate the circumstances of Contreras Maluje's arrest and subsequent disappearance, to provide a public accounting of his whereabouts, and to bring those believed responsible to justice.

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Torture The delegates are convinced that torture exists in Chile and that it is widespread. The Committee on Human Rights urges scientific colleagues to condemn the use of torture in Chile. The committee also urges the government of Chile to take all necessary measures to end torture, to investigate all reports of torture, and to bring those believed responsible to justice. The Committee on Human Rights urges all professional and medical organizations to provide encouragement of and support for the efforts of the Colegio Médico de Chile in setting ethical guidelines for medical personnel called on to examine detainees. The Committee on Human Rights urges that the guidelines set out by the Colegio Médico de Chile, which were listed earlier, be followed by all physicians. The Committee on Human Rights requests that the government of Chile allow all detainees to have immediate and regular access to a physician who is independent of the security forces.

Desaparecidos More than 600 people are reported to have disappeared in Chile since General Pinochet came to power, and not a single person has been indicted for involvement in any of these cases. The delegates are convinced that the government of Chile has not made a concerted effort to find those believed responsible and to bring them to justice.

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The Committee on Human Rights urges the government of Chile to begin immediately an open and independent investigation of the disappearances of those individuals listed in Appendix A of this report, as well as the hundreds of other people who have disappeared, and to bring those believed responsible to justice.

Academic Freedom It was not possible for the delegates to ascertain, in the limited amount of time spent in Santiago, which of the cases of possible abuses of academic freedom that were brought to their attention were or were not actual abuses. However, there was certainly a strong sense of concern and desire for change expressed to them by many of the colleagues with whom they spoke. Such “abuses” appear to have created a climate among academic staff of insecurity and general distrust. A number of professional colleagues with whom the delegates met--who were very outspoken in condemning human rights abuses in Chile--emphasized, nevertheless, that international scientific contacts should be continued, no matter what political situation exists. They said that boycotts of scientific meetings and conferences for political reasons hurt only the Chilean scientists themselves. The committee urges continued contacts with Chilean scientists including possible scientific training, particularly in view of the low budgets for academic and scientific institutions. The Committee on Human Rights urges that U.S. scientists continue, and augment if possible, direct and personal scientific communication and exchanges with Chilean colleagues.

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NOTES

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Notes

1 See U.S. Department of State, Country Reports on Human Rights Practices for 1984, February 1985, pp. 451-453. 2 Fanny Pollarolo provides psychotherapeutic assistance to victims of torture and their families. She works with FASIC (Fundación de Ayuda Social de la Iglesias Cristianas--Foundation of Social Assistance of the Christian Churches-see Appendix B), and she is a member of the Comisión Médica de la Comisión Chilena de Derechos Humanos (Medical Commission of the Chilean Human Rights Commission). She was reportedly arrested on November 21, 1984, and beaten before being banished to internal exile. 3 The CNI, whose predecessor was the Directorate of National Intelligence (DINA), is Chile's primary intelligence agency and secret police organization. It is under the direct control of President Pinochet. DINA, which was created after the 1973 coup d'etat, was abolished in 1977 after it became notorious for its abuses of human rights, including “disappearances” and the involvement of its agents in the 1976 assassination of Orlando Letelier, an ambassador under the former Allende government then living in exile in the United States. 4 Two of the men, Manuel Caballos Guerrero, the regional secretary of a teachers union, and José

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Manuel Parada, a human rights worker for the Catholic church, were kidnapped at gunpoint in Santiago on March 29, 1985, by several unidentified men. Their bodies were found the following day, their throats had been slit, and their bodies reportedly showed signs of torture. The body of another man, Santiago Nattino Allende, an artist, was reportedly found nearby. These murders prompted mass demonstrations and protests in Santiago that were continuing in August as this report was being completed. On August 1, according to press reports, a Chilean Appeals Court judge, José Cánovas Robles, who was named by the Supreme Court at the request of the government as a special prosecutor, indicted 2 officers of the Carabineros for involvement in the March murders and barred another 12, including 2 colonels, from leaving the country. As an apparent consequence of these actions, 14 policemen were reportedly suspended from the force, and on August 2 General César Mendoza, the commander of the police force, was replaced by General Rodolfo Stange, his deputy. Because the Carabineros refused to cooperate in the investigation, on August 30, according to press reports, Judge Cánovas declared himself powerless to continue the investigation and referred the case to a military prosecutor who refused it. Subsequently, a five-man Supreme Court panel ruled that military courts had no jurisdiction, giving Judge Cánovas authority to investigate the murders.

5 A detailed article on Orrego's plight appeared in the December 1984 issue of Vida Médica, an official publication of the Colegio Médico de Chile. 6 See U.S. Congress, House of Representatives, Committee on Foreign Affairs, “Phenomenon of Torture,” pp. 199-239. Hearings before the Subcommittee on Human Rights and International Organizations of the House Foreign Affairs Committee, May 15-16, 1984, 98th Congress, 2nd Session.

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7 According to press reports, in mid-August 1985 a military prosecutor charged four police officials in the death of Godoy Echegoyen, an engineering student who was arrested in February 1985 and died while in police custody. The Comisión Chilena de Derechos Humanos has claimed that Echegoyen died from torture inflicted by the police. The police have claimed that Echegoyen had a heart attack and died while being taken to a hospital for treatment. 8 Torture is defined in Part I, Article 1, of the the United Nations Convention Against Torture, adopted on December 10, 1984, as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to lawful sanctions.” 9 Dr. Carlos Trejo, president of the Ethics Department of the Colegio Médico, said that when the colegio was created in 1948, all graduating physicians were required to register with the colegio. However, in 1973 the registration requirement was revoked, and all professional associations lost the right to elect their leaders. The officers of the Colegio Médico were designated by the military authorities until late 1981, when democratic elections were restored to the colegio. The current membership of the colegio is more than 9,000 physicians. 10 Declaración del Consejo General del Colegio Médico de Chile, Santiago, Chile, October 29, 1984.

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11 Dr. Castillo, who is 58 years old, is a member of the Colegio Médico de Chile and president of the Comisión Nacional Contra la Tortura. Dr. Castillo was a professor of surgery at the Universidad de Chile until the military coup in 1973. Since that time he has been denied access to hospital positions. Dr. Castillo was arrested previously, in 1981, and accused of illegal political activities. A civil court dismissed the government's 1981 charges against Dr. Castillo and he was released. It is believed that the real reason for his arrests, both then and now, is his work on behalf of torture victims. 12 Following extensive appeals in behalf of Rubi Rodríguez by colleagues in Chile and abroad, she was hired in August 1985 as a professor in the Department of Mathematics of the Universidad Federico Santa María in Valparaíso.

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47

Appendices

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48

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APPENDIX A

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APPENDIX A CASES OF THE COMMITTEE ON HUMAN RIGHTS IN CHILE The names of the scientific colleagues listed below are among those presented to the Chilean authorities by the delegation. The list includes people who reportedly were banished to internal exile without charges or trial in the months prior to the visit by the delegation, as well as cases of colleagues who reportedly were arrested or disappeared in previous years. Much of the case information following each name was obtained by the delegates while in Chile from sources believed to be knowledgeable and reliable.

Name BANISHED Fuentes Romero, R. Fuenteseca, Douglas Guerra Cano, Armando Iriarte, Alfredo Pérez de Arc, Jaime Restelli, Juan Venegas, Pablo DETAINED Arriagada, Ramón b Alvarez Santibáñez, F. c DISAPPEARED Aedo, Francisco Araneda, Rafael Beausire A., Guillermo Contreras, Carlos

Detention Date 12/23/84 11/27/84 11/24/84 11/27/81 12/13/84 12/23/84 11/27/84 2/25/85 8/15/79 9/7/74 Unknown 1975 11/3/76

Profession

Engineering Mathematics Engineering Mathematics Economics Medicine (MD) Psychiatry

Architecture Chemistry

Architecture Engineering Engineering Pharmacology

D D D D

R, 3/7/85 Died, 8/21/79

R, 3/26/85 R, 3/10/85 R R R, 3/21/85 R, 3/18/85 R, 11/30/84

Status a

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Durán González, Carlos Elizondo O., Antonio Fuentes Alarcón, J.I. Inzunza Inzunza, Iván Jímeno, Claudio Raul Klein, Jorge Max Lorca Tobar, Carlos Maino Canales, Juan Montti, Eugenio Morales, Rubén Negrete Pena, César Palominos, Vicente París Roa, Egidio Perelman, Juan Reyes, Sergio Rojas C., Alfredo Silberman G., David Torres A., Ruperto Turiel P., Mariano Vergara, Patricio aR, Released, D, Disappeared bSecret detention center cDetained by CNI (allegedly tortured)

Engineering Engineering Sociology Medicine (Prof.) Sociology Medicine (MD) Medicine (MD) Engineering Engineering Mathematics Engineering Chemistry Psychiatry Engineering Engineering Engineering Engineering Chemistry Engineering Engineering

1976 5/26/76 5/17/75 8/4/76 9/11/73 9/11/73 6/25/75 5/26/76 2/13/75 9/11/75 12/9/74 Unknown 9/11/75 Unknown Unknown 3/14/75 10/3/74 9/13/73 7/15/76 12/31/75

D D D D D D D D D D D D D D D D D D D D

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APPENDIX B

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APPENDIX B KEY HUMAN RIGHTS GROUPS CONTACTED IN CHILE

La Vicaría de la Solidaridad del Arzobispado de Santiago (Vicariate of Solidarity of the Archdiocese of Santiago) Plaza de Armas 444 Santiago, Chile Tel. 724909 Telex 340219 ARSAN CK

The Vicariate operates under the auspices of the Catholic church. The legal department of the Vicariate provides legal assistance to political prisoners, victims of torture, and to the families of these people and of the “disappeared.” It also collects, tabulates, and publishes information on arrests, torture, and disappearances. A physician at the Vicariate examines victims of torture and formally documents any physical evidence of torture found. Cómision Nacional Contra la Tortura (National Commission Against Torture) Alameda Bernardo O'Higgins 1584 Santiago, Chile President: Pedro Castillo, M.D.

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APPENDIX B

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Comisión Chilena de Derechos Humanos (Chilean Commission on Human Rights) Alameda Bernardo O'Higgins 1584 Santiago, Chile Tel. 727529

President: Jaime Castillo Vice President: Máximo Pacheco A group composed primarily of lawyers that works to protect and promote human rights by writing reports on violations, providing legal assistance to victims of human rights abuses, and collecting and publishing information on such violations. Fundación de Ayuda Social de las Iglesias Cristianas--FASIC (Christian Churches' Social Assistance Foundation) 1710 Huérfanos Santiago, Chile Tel. 723374

Executive Secretary: Claudio González FASIC is an ecumenical organization that was established in 1975 to provide assistance to political prisoners who have been given long prison sentences. Today, FASIC continues to provide assistance to families of political prisoners but it also works in the area of mental health to help people who have been tortured, as well as their families. The staff of FASIC is made up primarily of psychiatrists and psychologists.

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APPENDIX C

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APPENDIX C PROFESSIONAL, SCIENTIFIC, AND ACADEMIC GROUPS CONTACTED IN CHILE Academia Chilena de Ciencias (Chilean Academy of Sciences) Almirante Montt 453 Clasificador 1349 Santiago, Chile Tel. 710732, 2283376

President: Igor Saveedra Asociación de Académicos de la Universidad Católica de Chile (Association of Academics of the Catholic University of Chile) President: Mónica Jiménez Asociación de Académicos de la Universidad de Chile (Association of Academics of the University of Chile) President: Patricio Basso Vice President: Jaime Lavados

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APPENDIX C

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Academia Chilena de Medicina (Chilean Academy of Medicine) Almirante Montt 453 Santiago, Chile Tel. 494788

President: Amador Neghme Asociación Universitaria y Cultural Andrés Bello (Andrés Bello University and Cultural Association) Huérfanos 979 Oficina 919 Santiago, Chile Tel. 492368

President: Fernando Castillo This association is the largest independent association of academics. It includes social as well as natural scientists, and members of universities and independent research institutes in Chile. Colegio Médico de Chile (Medical Association of Chile) Esmeralda 678 Casilla 639 Santiago, Chile Tel. 30884

President: Juan Luís González Reyes The Colegio Médico de Chile is a highly respected nongovernmental association of physicians that, among other things, has publicly denounced the use

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APPENDIX C

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of torture. It investigates members of the medical association who reportedly participated in torture inflicted by the security forces in Chile, and it works in behalf of physicians who were exiled from the country by the governmental authorities in Chile. Corporación de Promoción Universitaria--CPU (Center for the Advancement of Universities) Av. Miguel Claro 1460 Casilla 1056 Correo 22 Santiago, Chile President: Jaime Lavados Sociedad de Matemática de Chile (Mathematical Society of Chile) Casilla 653 Santiago, Chile Tel. 5550058 x 4508

President: Rolando Rebolledo Corporación de Investigaciones Económicas para Latinoamérica--CIEPLAN (Center for Economic Research for Latin America) Colón 3494 Santiago, Chile Tel. 2283262

President: José Pablo Arellano

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APPENDIX D

LETTER RECEIVED BY DR. RESTELLI

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APPENDIX D

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(Translation of Dr. Restelli's Letter) DENUNCIATION These are the people in Arica who advocate hatred, violence and destruction: • • • • • • • • • • •

John Siches Bahamondes Rodrigo Leiva Canales Hernán Low Gómez Emilio Llanos Llangato Lino Tapia González Oscar Arancibia Villalba Patricio Barrios Alday Armando Guerra Cano Juan Restelli Portuguez Arturo Zegarra Williamson Jorge Chamen Guajardo

Arican. If you see them, keep away from them. If you see them together, denounce them, because they are conspiring against the country, in that they profess foreign ideologies. Anti-Communist Command

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APPENDIX E

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APPENDIX E CODE OF ETHICS OF THE COLEGIO MEDICO DE CHILE WITH RESPECT TO TORTURE On November 22, 1983, the General Council of the Colegio Médico de Chile approved the colegio's Code of Ethics (Código de Etica). In the Declaration of Principles the colegio points out that respect for life and the person is the fundamental principle in the medical profession. It says the ethical principles that govern the conduct of physicians oblige them to defend the human being against pain, suffering, and death without discrimination of any sort. It goes on to say that respect, dignity, honesty, and moral integrity, as imperative norms in the life of a doctor, are attributes that the medical community deems fundamental in professional practice. Article 25 of the code says that a physician should not support, consent to, or participate in the practice of torture or other forms of cruel, inhuman, or degrading treatment, regardless of the offense with which the person is accused or guilty of and regardless of his or her beliefs or motives, in whatever circumstance, including armed conflicts or riots. It specifies that the physician should not provide any premise, instruments, substances, or knowledge to facilitate the practice of torture or other forms of cruel, inhuman, or degrading treatment or work in any way to diminish the capacity of the victim to resist such treatment. It says that a physician should not be present before, during, or after any procedure in which torture or other forms of cruel, inhuman, or degrading treatment are employed or used as a threat.