E/CN.4/2000/9
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publicly attested to the injuries. On 12 February, an appeals court prosecutor,
Raúl Rocha, entered the prison, accompanied by two forensic scientists who
corroborated the facts. A criminal court judge was assigned to the prison. The
Director of the National Prison Service, Hugo Espinoza, the superintendent of
high security units, Edmundo Letelier, Lieutenant Saldivia and those responsible
for the crime of torture were indicted on two criminal charges. The appointment
of the above-mentioned appeals court prosecutor was requested, but the
appointment of an inspecting magistrate was refused. An application for the
remedy of protection was made against the Director of the National Prison
Service for denying entry to judicial prosecutors, and other applications for
protection and amparo were lodged by relatives of the prisoners. In February
1999, a ruling was handed down on the applications for amparo and protection; it
was made public in June 1999. In the operative portion, the Court of Appeals
acknowledged that the measures applied by the Chilean prison staff entailed
"extreme repression" and caused "considerable injury, deviating from the
procedures authorized by the regulations". It concluded that "the conduct of the
guards constituted an illegal and arbitrary action jeopardizing the right to
life and physical integrity". The Chilean Prison Service reportedly appealed the
ruling in June 1999.
183.
The Special Rapporteur has also received information on violent acts by
carabineros that have caused a number of deaths and serious injuries during
public demonstrations. In this context, his attention has been drawn to the
following cases.
184.
On 19 May 1999, during the days of student demonstrations in the city of
Arica, carabineros in the Special Forces Unit made a violent entry into the
headquarters in Santiago of the Christian Churches Social Aid Foundation
(FASIC), a body devoted to the defence and promotion of human rights. The
purpose was the unauthorized detention of three university students. FASIC's
Executive Secretary, Claudio González, was reportedly hit, kicked and shoved by
the carabineros when he attempted to stop them from beating the students. FASIC
has submitted a complaint for breaking and entering and physical assault on
persons in its headquarters to the Under-Secretary of the Interior, the police
station concerned and the Second Military Prosecutor's Office.
185.
Ulises Coque Roa, Miguel Alejandro Vergara Contreras and Sebastián
Sánchez Vera, students at the University of Tarapacá, were reportedly beaten by
carabineros on 1 June 1999 at the Ministry of Education. The events are said to
have occurred while the students were participating in a peaceful demonstration.
Three officers of the Carabineros Special Forces Unit allegedly punched and
kicked Mr. Coque Roa, Mr. Vergara Contreras and Mr. Sánchez Vera when they were
in the entryway of the Ministry of Education, with no attendant provocation by
the students. Orlando Soto, representative of the students' federation,
reportedly asked the officers involved to identify themselves. A captain from
Santiago Police Station No. 1 who gave his surname as Rivero reportedly arrived
minutes later and said the officers were not on his staff. He is said to have
called the captain of the Carabineros Special Forces Unit, whose name is said to
be Aldo Vidal Villegas, who ordered the officers to withdraw. They allegedly did
leave the ministry building, while hiding their badges. The three students went
for emergency treatment to El Salvador hospital, where their injuries were
certified. They have brought criminal charges for the crime of torture.
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