Human rights in Chile
In Chile, the tiny Committee for the Defense of Human Rights led by labor leader Clotario Blest existed in 1972, a year before the coup but was inactive.
Movements to defend human rights in Latin America lagged behind the military takeovers, with the exception of Chile, where activities in response to the 1973 Chilean coup d'etat began almost immediately.
[3]: 66–66 On 11 September 1973 a military junta toppled President Salvador Allende in a coup d'état and installed General Augusto Pinochet as head of the new regime.
The Association of Families of the Detained-Disappeared (AFDD) is a Chilean human rights group that coalesced in Santiago in 1974 and was launched formally by Clotario Blest in 1975.
The main focus of the AFDD was to maintain awareness of the desaparecidos (English: the disappeared) in the public eye, and to pressure the government to release information about them.
[9][page needed] After the reestablishment of democracy in Chile and the 1989 election of President Patricio Aylwin, the goals and pressure brought to bear by the AFDD on the new, democratic government played an influential role in the establishment of the Truth and Reconciliation Commission in 1990.
[1] On January 3, authorities arrested six of eight former army officers indicted for the 1973 torture and subsequent execution of singer Victor Jara in the Estadio Chile in Santiago.
In June 2012 the Santiago Appellate Court ruled that Judge Mario Carroza should investigate the killing of U.S. citizen Ronnie Moffit in a Washington, D.C. car bombing in 1976.
[1] In August 2012 Judge Jorge Zepeda indicted eight former Carabineros and army patrol members for aggravated kidnapping in the 1985 disappearance case of U.S. citizen Boris Weisfeiler.
[1] Although the constitution prohibits such practices, credible nongovernmental organizations (NGOs) received multiple reports of excessive force, abuse, and degrading treatment by Carabineros, PDI members, and prison guards, few of which resulted in convictions.
On December 30, 2013 PDI officer Flavio Torres was charged in a Santiago court for unlawful coercion and computer crimes for his alleged role in the beating during the interrogation of a minor following a student protest in May.
Torres was accused of participating in a group of approximately 10 officers who struck the minor's neck and face, photographed him in his underwear, and forced him to reveal his Facebook log-in credentials.
The judge, who remanded Torres into custody during the case's investigative phase, called the alleged crimes “among the most serious” contemplated by Chile's laws because they involved a state agent.
Administration: Recordkeeping on prisoners was generally adequate, and authorities used alternative sentencing for nonviolent offenders, such as conditional release for community service.
Based on those results, the Gendarmaria's human rights division planned to create a subdivision to monitor progress in efforts to address deficiencies and promote training of prison system personnel.
[1] Civilian authorities generally maintained effective control over Carabineros and the PDI, and the government has mechanisms to investigate and punish abuse and corruption.
Cases from prior years remained pending in courts, while rights organizations criticized the security apparatus for failing to carry out sufficient internal reviews of allegations of abuse by their members and to take forceful enough action where wrongdoing was established.
The INDH stated in its 2013 annual report that there were 1,775 complaints against Carabineros in 2012 for “unnecessary violence” but that less than 2 percent of that number ended in convictions in the military justice system during the period.
[1] Only public officials expressly authorized by law can arrest or detain citizens and generally did so openly with warrants based on sufficient evidence brought before an independent judiciary.
[1] The law allows judges to set bail, grant provisional liberty, or order continued detention as necessary for the investigation or the protection of the prisoner or the public.
The law affords detainees 30 minutes of immediate and subsequent daily access to a lawyer (in the presence of a prison guard) and to a doctor to verify their physical condition.
The process is oral and adversarial; trials are public; defendants have the right to be present and consult with an attorney in a timely manner; and judges rule on guilt and dictate sentences.
Press freedom groups called on the government to modify antiterrorism laws to limit their use on Chilean and foreign reporters, for example, on those who covered issues concerning Mapuche communities.
[18] An Anti-Discrimination Law approved on July 24 gives civil legal remedies to victims of various types of discrimination, including those based on religion or belief.
[18] Street protests over education and other social issues led to increased levels of graffiti including swastikas and other expressions of anti-Semitism in major cities.
[1] Corruption: On July 5, 2013 authorities disclosed that Carabineros deleted wire-tap logs planned for use as evidence in a 2012 case in which 10 PDI detectives were charged with detaining suspects, giving false testimony, drug trafficking, and extortion.
On September 5, 2013 after a three-year investigation, a court convicted the mayor of Hualpen of tax fraud and bribery and sentenced him to three years’ probation, during which he cannot hold public office.
[1] The constitution states the all persons are born free and are equal in terms of the law and dignity; however, it does not specifically identify groups protected from discrimination.
[1] The 2012 Anti-Discrimination Law provides civil legal remedies to victims of discrimination based on race, ethnicity, nationality, socioeconomic situation, language, ideology or political opinion, religion or belief, association or participation in union organizations or lack thereof, gender, sexual orientation, gender identification, marriage status, age, affiliation, personal appearance, and sickness or physical disability.
Historically, marginalized communities lacking legitimate housing have been pushed to organize land seizures in order to secure their place near the opportunity of the city.
