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PART THREE Chapter One (C)
September through December 1973 (continued)
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REACTIONS OF MAJOR SECTORS OF SOCIETY TO THE HUMAN RIGHTS VIOLATIONS THAT OCCURRED IN THE IMMEDIATE AFTERMATH OF SEPTEMBER 11, 1973
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THE ATTITUDE OF CHILEAN SOCIETY
From the beginning and throughout this whole period, the September 11 military coup gave rise to a situation of ongoing violation of the essential human rights of many people, who were-or were assumed to be-members or supporters of the previous government. These were primarily the rights to personal freedom, to a fair trial, to physical integrity and to life. Initially this situation prompted almost no public reaction, except from the churches, primarily the Catholic church.
Some of the decisive reasons for the lack of reaction from society as a whole were fear of being branded an enemy of the new regime, with all the potential consequences, astonishment at the dizzying pace of events, and ignorance of what was happening. Another factor was that our national culture was deficient in the area of human rights.
As people became aware of what was happening, major sectors of public opinion allowed, tolerated, supported, and even concealed the violation of the human rights of people accused of belonging to, or sympathizing with, the Popular Unity. Such attitudes were justified on the basis of actions that these people had committed or were going to commit. It became common to allege that such people were planning to kill their opponents, and thus explanations for repression were based not so much on what the victims had done but rather on what they were said to be planning to do.
The deep conviction that every person's human rights must be respected, and especially the most essential of those rights, no matter what the accusations against such persons might be or the harm they are alleged to have caused, did not win the day in our country. It is not our role to take a position on the moral responsibility that may fall to society as a whole as a result of its failure to react in a timely and vigorous fashion to what was happening. Nevertheless we believe that what happened should lead all Chileans to reflect on the grave omission that was ours.
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THE ATTITUDE OF THOSE MAKING UP THE NEW REGIME
Within the new regime there emerged no self-criticism that might guide the behavior of the new authorities so as to assure respect for the human rights of those who had been defeated. Nevertheless, when they became aware that the methods of repression were assaulting essential human values, some people raised their voice to protest that these methods were wrong. In the course of its investigation, this Commission noted that some members of the armed forces and security forces drew the attention of their superiors to the seriousness of what was happening. Likewise, the Commission heard of at least one instance in which a solider was executed by firing squad for having told his superiors that he was unwilling to take part in executions.
Such attitudes, however, found little echo, because people readily accepted the prevailing current of opinion, or they acquiesced to a poorly understood principle of due obedience, or they believed it was necessary to maintain silence about what was happening so as to better defend the honor of their institutions, or they feared the consequences that a critical attitude might unleash. This matter is examined in greater detail in Chapter One of Part Two.
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THE REACTION OF THE CHURCHES
The only really significant reaction to this pattern of human rights violations came from the churches, since they had the means and the willingness to react. In this regard we should emphasize the work of numerous priests and ministers in protecting many people who were being pursued. A number of them were arrested or had to leave the country for such efforts. The Catholic church's reaction was twofold: 1) in its teaching activity directed toward the whole community and, 2) in the concrete action of aid and protection to the victims of human rights violations. A number of religious groups were involved in this latter work.
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Teaching activity of the churches, and especially the Catholic church
It was the Catholic church that did the most in this area. Starting in September 1973, it issued a series of statements and documents that reflected its stance of searching for ways in which Chileans could draw together and urging the necessity of true respect for human rights. We now quote passages from some of the bishops' statements issued during this period to exemplify the position taken by the Catholic church on these issues:
- Paragraph 3 of the Statement by the Bishops Permanent Committee on the situation of the country, September 13, 1973 expressly states, "we ask for moderation toward those who have been defeated (...) may there be no unnecessary reprisals."
- Bishops' statement on reconciliation in Chile, April 24, 1974 (point No. 4) reads: "the basic condition for a peaceful common life is the full observance of the state of law, in which the constitution and the law serve as a safeguard for all our rulers [sic]. As pastors, however, we see objective obstacles to reconciliation among Chileans. Such situations can be overcome only through unlimited respect for those human rights that have been formulated by the United Nations and Vatican II, and which the [military government's] Declaration of Principles have correctly called 'natural, prior to, and higher than the state.' Respect for human dignity is not real without respect for those rights. Our first concern is the climate of insecurity and fear, whose source we believe can be seen in public statements, false rumors and the lack of participation and information. Finally we are concerned in some instances over the lack of effective legal safeguards for personal security, which is being translated into imprisoning people arbitrarily or for excessive periods when neither they nor their relatives know the specific accusations for which they are being held; into interrogations with physical or moral torture; into constricting the possibility for legal defense; into different sentences for the same causes in different places; into restrictions placed on the normal use of the right of appeal."
Another testimony to the Catholic church's peacemaking activity was the celebration of the ecumenical Te Deum on September 18, 1973 in the Church of National Gratitude. Cardinal Raúl Silva Henríquez presided over that ceremony, and the members of the military junta and former presidents Gabriel González Videla, Jorge Alessandri Rodríguez, and Eduardo Frei Montalva were also in attendance.
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Specific action by the churches to aid and protect the victims of human rights violations
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Committee of Cooperation for Peace in Chile
On October 6, 1973, through archdiocesan decree No. 158-73 the archbishop of Santiago, Cardinal Raúl Silva Henríquez, created a Special Commission to aid the needy in order to "take care of Chileans who may be in grave economic or personal necessity as a result of recent political events." It was noted that the commission "will seek to give legal, economic, technical and spiritual assistance." Likewise the archdiocesan decree stated that the commission should establish relationships with different religious organizations so as to mutually and ecumenically develop programs to serve those being persecuted or who had been harmed by recent events.
Such was the origins of the Committee of Cooperation for Peace in Chile (also known as the Committee for Peace or COPACHI) which was composed of the Catholic, Evangelical Lutheran, Evangelical Methodist, Orthodox, and Pentecostal churches, and the Chilean Jewish community.
During this period the Committee for Peace was the only institution carrying out the important function of aiding the victims, with the risks and limitations deriving from the situation at that time. Soon the structure of the Committee for Peace was being gradually strengthened and broadened as a growing number of people came to work within it, and as it extended its activities to different parts of the country with the cooperation of bishops of other dioceses.
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National Commission for Refugees
Almost simultaneously with the creation of the Committee for Peace, its member churches created another body, likewise ecumenical, called the National Committee for Refugees (CONAR). The purpose of this institution was to aid refugees, and Protestant churches took charge of it. CONAR was able to resettle about five thousand people in other countries. The government was largely willing to accept its activity because it recognized that CONAR was helping resolve a difficult political problem.
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THE ATTITUDE OF THE MEDIA
One of the first measures adopted by the government of the armed forces and security forces was to establish absolute control over the media, which were closed, dismantled or placed under rigorous prior censorship. As of September 11 newspapers like El Siglo, Clarin, Ultima Hora, Puro Chile, and magazines like Ahora, Ramona, Punto Final, Mayoría, Paloma, Hechos Mundiales, Onda and others, disappeared. The news agencies Prensa Latina (Cuban), CTK (Czechoslovakian), and many radio stations throughout the country such as Magallanes, Corporación, and Luis Emilio Recabarren, were closed. The media that were allowed to continue to operate were subjected to prior censorship, which was applied systematically and across the board until approximately December 1973.
The few remaining media generally supported the new regime. They were therefore willing, especially at the beginning, to publish and broadcast whatever information the new government asked them to present about people who had been part of the previous government. Such reporting had a serious impact on their human rights. The media did so without making efforts to verify the truth of such information. In many instances what they reported was not true, as has been proven subsequently. We should especially note the publication of unverified reports of alleged escape attempts or armed confrontations that served to justify in public opinion the killing of many people, and likewise affected their good name and dignity. Disinformation provided to public opinion in these matters undoubtedly furthered human rights violations in our country.
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THE ATTITUDE OF POLITICAL PARTIES
There is no evidence that political parties or civilian groups were involved in organizing the military operation that overthrew President Allende. The left political parties constituting the political base of the Popular Unity government that was overthrown September 11, 1973 were completely dismantled. Arguing that "it is the task of the new government to eradicate Marxism from Chile," Decree Law No. 77 of 1973 prohibited "as illicit associations, the Communist, Socialist, and Radical parties, the Popular Socialist Union, MAPU, Christian Left, Independent Popular Action, and all entities, groups, factions, or movements that advocate Marxist teaching, or by their aims or the behavior of their supporters are in substantial agreement with the principles and objectives of such teaching." With the exception of the Popular Socialist Union, these groups were all part of the Popular Unity Coalition that composed President Allende's government. Their offices and property were confiscated and their active members and supporters were often persecuted.
These political parties were consequently prevented from reacting to what was happening in any coherent manner. Nor could their representatives do so as individuals, although some of them who happened to be outside the country denounced the human rights violations that began to occur in Chile.
The new government immediately proposed to abolish all party activity. Decree Law No. 77, which made leftist political parties illegal associations, was followed by Decree Law No. 78 (also 1973), which declared all the remaining political parties to be in recess. As a result political parties were prevented from reacting in a coherent or institutional manner to what was happening. Representatives of these parties were limited to making personal statements, which, however, probably reflected the positions of their particular organizations.
We should nevertheless single out certain very early statements by some representatives of the Christian Democrat party who expressed their concern for the human rights violations. Later in February 1974, in what was an exception to the silence imposed on political parties, the Christian Democrat party issued a statement in which the human rights violations then occurring were among the issues raised. That statement was published outside the country. On the other hand, prominent party representatives initially made other statements in support of the military junta and claimed that the action that took place September 11, 1973 had prevented the establishment of a communist dictatorship.
Representatives of right-wing political parties made similar kinds of statements, and unanimously supported the September 11 military intervention for the same reasons. During this period representatives of right wing parties took no public position on the human rights violations then taking place. That does not mean that some of them might not have made private efforts on behalf of those affected.
This question is also discussed in Chapter One of Part Two of this report, which discusses the political framework.
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THE ATTITUDE OF PROFESSIONAL PEOPLE AND THEIR ASSOCIATIONS
In the realm of human rights many professional people did not live up to the ethical standards of their various professions. Such is the case, for example, of doctors who took part in torture sessions or did not denounce such sessions when they were brought to their attention, who wrote death certificates or autopsy reports that did not indicate the true cause of death, or who did not provide information on what had been done with people's bodies even when they knew. That is also the case of lawyers who were willing to participate as prosecutors or judge advocates in war tribunals that did not observe the rules for due process, thereby permitting people whose guilt was not legally established to be found guilty and sentenced. Likewise it may be assumed that out of inadvertence or for other reasons, some lawyers provided help in drawing up certain decree laws without pointing out that they might lead to actions violating human rights.
In addition to the individual behavior of such professionals, it may be added that their various associations failed to play their normal role of maintaining a degree of ethical oversight over their members, either because the circumstances made it impossible, or perhaps out of an unwillingness to do so.
In any case, counterbalancing such attitudes, a number of professional people as individuals began to react to events in a positive manner and took a firm position in defense of human rights, by exercising their right to petition the new authorities, representing the victims in the courts, using their personal influence within the regime, or joining organizations to defend human rights.
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THE REACTION OF THE VICTIMS AND THEIR RELATIVES AND OF HUMAN RIGHTS ORGANIZATIONS
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Organizations of victims and victims' relatives
Many factors prevented the relatives of victims of human rights violations from becoming organized and coordinating their efforts on behalf of their loved ones. They included Chile's lack of any experience in dealing with situations in which the Constitution could not be invoked and human rights were being violated systematically, as well as fear of reprisals. Relatives made their efforts individually, often seeking help from members of the armed forces and security forces with whom they had family ties or social connections.
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Human rights organizations
The human rights organizations that played some public role during this period were the Committee for Peace and the National Commission for Refugees, which have been discussed above.
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THE ATTITUDE OF OTHER MEDIATING INSTITUTIONS
The legal framework and the de facto situation in Chile in the aftermath of September 11, 1973 prevented mediating institutions from adopting any kind of critical reaction to what the military were doing-and specifically from raising the issue of human rights. Among the measures taken against such institutions we may mention the canceling of the legal status of the CUT labor federation September 17, 1973; the prohibition of elections in unions, community organizations, and professional associations; and the persecution of the leaders of unions, student organizations, neighborhood associations and other institutions that had supported the previous government.
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THE REACTION OF THE INTERNATIONAL COMMUNITY
Many countries in the international community were displeased with the military intervention that ended President Allende's government by rupturing the existing institutional order framework. They believed that a constitutionally elected democratic president had been deposed. Relations with a number of countries consequently deteriorated as a result of the military intervention and the human rights situation. The most serious of these effects were perhaps the breaking of diplomatic ties with a number of these countries, such as Mexico, and the withdrawal of the Italian ambassador. There were also serious problems with Colombia, Venezuela, West Germany, Belgium, France, Sweden and other countries.
We should highlight the active participation of a number of nations in aiding the departure of people who had taken asylum in various embassies in our country, as well as their role in obtaining from the Chilean government permission for political prisoners to leave, and their granting of asylum to people who feared they were going to be arrested.
International organizations worked intensely on human rights violations in Chile starting in 1973. The "Chilean case" occupied an important place on their agenda throughout the period of military rule and began to decline only toward the end of that period. In these organizations (United Nations, Organization of American States) many countries offered their support by voting to condemn the Chilean government. Such actions had a number of repercussions in our nation in the realms of politics, economics, foreign investment, and so forth. Hence the military government was often forced to take measures aimed at avoiding the consequences of such pressures.
During this period the Interamerican Human Rights Commission of the Organization of American States played the major role. Starting in 1973 it made inquiries to the Chilean government on particular situations and made observations and recommendations related to respect for human rights in Chile. Among its activities during this period we should especially note the visit to the country by the executive secretary of the commission in October 1973 and the report he prepared as a result. The activity of the United Nations High Commissioner on behalf of refugees and by the International Red Cross on behalf of political prisoners deserves special mention.
We should also mention visits by representatives of international non-governmental institutions such as Amnesty International and the International Commission of Jurists which gathered complaints about human rights violations and made efforts to limit their effects. To that end some of them met with administrative officials and members of the Supreme Court. The presentation made by Amnesty International and the International Commission of Jurists on September 15, 1973 requesting the United Nations to intervene in view of the threats to life in Chile should be singled out as an important and immediate reaction by international non-governmental human rights organizations.
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Posted by USIP Library on: October 4 2002
Source: Report of the Chilean National Commission on Truth and Reconciliation (Notre Dame, Indiana: University of Notre Dame Press, 1993), vol. I/II, Part Three, Chapter One (C), 461-468.
Note: Digitized and posted by permission of the University of Notre Dame Press, February 22, 2000.
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