E/CN.4/2000/9
page 43
Follow-up to previously transmitted communications
191.
On 25 April 1997, the Special Rapporteur sent an urgent appeal on behalf
of Johnny Pérez Torres, Andrés Serrano Leiva, Dagoberto Contreras Llanes and
Guillermo Saavedra Aguilera, who were reportedly arrested and tortured in early
April 1997 (see E/CN.4/1998/38/Add.1, para. 66). By letter dated 29 July 1997,
the Government indicated that the case was in pre-trial proceedings closed to
the public. Owing to the nature of the offences, the investigation was being
carried out by both military and ordinary courts. An inspecting magistrate had
been assigned to the investigation and the Under-Secretary of War had requested
the State Defence Counselor to participate in the proceedings with a view to
expediting them. For the above reasons, the Under-Secretary indicated that the
entire proceedings were being carried out in accordance with the law, the rights
of the accused were being upheld and no complaints of mistreatment had been
lodged with the courts.
192.
By letters dated 22 September 1997 and 29 October 1998, the Special
Rapporteur transmitted to the Government information on alleged cases of torture
in Chile. By letter dated 12 May 1998, the Government replied to the Special
Rapporteur, giving the information outlined below.
193.
Elvis Arturo Valdés Henríquez is reported to have been arrested and
tortured on 17 February 1996 by plain-clothes police officers. They allegedly
burst into his mother's apartment and beat her and Rodrigo Valdés Henríquez, a
disabled person. After being transferred to the Renca barracks, he was allegedly
beaten and had to be taken to the Colina treatment centre, where he was
reportedly found to have numerous injuries (see E/CN.4/98/38/Add.1, para. 65).
According to the Government, Mr. Valdés Henríquez was arrested together with two
other persons by detectives of Renca Investigative Police Station No. 10 while
trying to flee with other individuals who had allegedly attacked the detectives
with knives, stones, sticks and other objects. A detective was injured as a
result of the incident. Because of the struggles that occurred during the
detention, Mr. Valdés Henríquez and another prisoner were found to have minor
injuries when they were taken to the emergency service of San José hospital.
Bladed weapons and other objects having been found on them, the three detainees
were handed over to Santiago Criminal Court No. 19. In August 1996, this court
ordered an investigation of allegations of torture during their detention by
Department V, "Internal Affairs". The Department's report confirms the facts
outlined above. It is said that on 20 January 1996, Mr. Valdés Henríquez had to
have treatment at the Colina centre, where injuries different from the minor
ones observed in the hospital on the day he was arrested were discovered. On
8 July 1996, a report by the forensic medical service corroborated that
diagnosis. There were no indications that the new injuries might have been
caused by incidents postdating his apprehension in a public place and the court
dismissed the case and closed the file in July 1997. Mr. Valdés's mother has
brought charges for irregularities in the search and arrest of members of her
family by Department V, "Internal Affairs". This Department launched an
investigation which, in April 1996, found that no member of the institution bore
any responsibility, and this was endorsed by the institutional legal
administration. The Government provided this information in its letter of
10 February 1999.
194.
In the same letters, the cases described below were transmitted; the
Government responded by letter dated 25 March 1998 (for all of these, see
E/CN.4/1998/38/Add.1, para. 65).
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