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July 14, 2005
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August 5, 1974
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Augusi 5, 1974 Approved Featfty?359g17t-Witg*ttrFDPA9A14447A000100 46-6 S 14229 AmErmivrtNr No. 1767 In February, an Hi hoc group of U.S. sentatives?the existence of a system- At re end of the bill add the following union officials, professors. lawyers, and atic, flagrant and continuing disregard church officials tra..,..led to Chile. Their for human rights in Chile. They found report was presented on February 28 at a arbitrary arrest and indeterminate de- congressional conference on the situa- tention without charge. Some 6,000 per- tion in Chile. It, too. disclosed thousands sons, according to junta statistics, were of "politically moth ted detentions," the under detention at the time of their trip. h: absence of effect legal process, the Other sources cited additional persons continued use of tor,ure, the use of eco- under detention at less permanent de- nomic sanctions a,g ::nst those suspected tention sites throughout the country. of being in sympat with the previous Last week, the State Department re- government and oti or violations of hu- ported that 'Chilean officials still ac- man rights, knowledge that some 6,000 persons are In March, follow .3g a lengthy debate detained. by the Commission Human Rights of The study mission also noted that the the United Nations, telegram was isued Chilean habeas corpus protection had by the United Natioils. It stated: been suspended. Torture and mistreat- The Commissior on Human Rights, while ment of prisoners continued. Some pris- considering the ?blip lion of all states under oners were held incommunicado for the charter of the Un le,d Nations to promote months. Others were permitted to see universal respect and observance of human their families on a somewhat regular rights and fundarnercnal freedoms, has c,on- basis, but briefly. Most never had a siclar wide with deep Co) urn numerour reports from a we variety ef sources relating to chance to see lawyer. Due process ap- gross and massive viol tions of human rights peared limited in all instances; totally in Chile in contradiel/on with the universal absent in some. Schools and colleges Declaration of Htunal Rights and other rele- were under military control. Freedom of vant international ir ,Ilrurnents ratified by a the press did not exist. Many thousands great number of cote tries including Chile. of individuals were fired arbitrarily for has consistently der,red all violations of their political beliefs from public and The Commissior or Human Rights, which human rights, calls '1.1.on your Government private employment. Labor unions were for the immediate or 3ation of any kind of barred from striking and restricted in violations of human lights committed con- their normal activities. , trary to the principlE-, of the United Nations The study mission also noted that the Charter and other lar motional instruments Congress had been closed; the Consti- including the Inter Atonal Covenants on tution abridged; political parties abol- Human Rights. ished or suspended; and the number of Chilean refugees in neighboring coun- tries was rising. In May, the Inter-American Commis- sion on Human Rights of the Organiza- tion of American States sent a telegram to the junta in which it stated: During this session, the study of the pres- ent situation of human rights in Chile has taken a great part of our time. On the one hand, we have examined those individual cases, clearly determinable, in which the vio- lation of certain fundamental rights of one or several specified persons has been de- nounced. But, in addition, it has been neces- sary to analyze separately that which we might call a "general case," that is, the ag- gregation of charges from different sources according to which there is a policy in Chile which would imply, according to the claim- ants, the systematic disregard of funda- mental human rights. After some delay, the Commission was granted permission to visit Chile. Its rec- ommendations were made public on Fri- day in Santiago. According to news re- ports, they indicated the Commission "had found evidence that torture is used in interrogations of political prisoners, that people detained without Charges are required to do hard labor, that Chileans sometimes disappear for days or weeks after being seized by police or military intelligence services and that military courts have limited lawyers' access to their clients and tried people under war- time rules, for acts committed before the September 11 coup." In June, other observers, including the ,former Attorney General of the United States, Ramsey Clark and New York City Criminal Court Judge William Booth, traveled to Chile. They visited the trials, now concluded, of former air force officers and several civilians who had held posts in the previorm, govern- new? TITLE tr?MISCELL OUS PROVISIONS Sm. 11. The first de ion of the Act entitled flAn. Act to itutbori a permanent annual alviopriation, f6rth intenance and oper- ation of the Gorgas mortal", approved May 7, 19/8, as athend (22 U.S.C. 278), is tmenOed? (1) by strfald- t "the sum of not to exceed $500,000, to e paid"; and , (2) by inserting i inediately after "(here- inafter referred to s the Gorgas Memorial Institute)," the f owing: "such sums as may be necessary' AMENDM T NO. 1769 (Ordered to be inted and referred to the Committee on ?reign Relations.) Mr, JAVITS su itted an amendment intended to be pr osed by him to the ) to amend the Foreign Assistance Act of 961, and for other AMENDMENT NO. 1779 ?(Ordered to be printed and referred to the Committee on Foreign Relations.) Mr, KENNEDY. Mr. President, I am submitting an amendment today to the Foreign Assistance Act of 1974, S. 3394, to terminate all military assistance to Chile, Since the overthrow of the Allende government last September 11, reports from Chile consistently have reflected widespread violation of human rights 17 the authoritarian military junta now in power. Shortly after the coup, -the Senate Subcommittee on Refugees held a pUblic hearing into the condition of refugees )3,nd Of human rights in Chile. Testimony M that hearing and subsequent reports of respected international groups dis- closed the existence in Chile of summary executions, of torture, of Mass - arrests, Of the death's of -two American citizens, and of continued threats to foreign na- tionals, Those reports prompted me to Introduce an amendment to halt all mili- tary aid to Chile. That amendment to the fiscal year 19'74 foreign aid appro- priations bill was adopted by the Senate on December 17, 1973. However, it was deleted in conference. T.infortunately, in the Months since that action, the situation in Chile has not Seen a return to the traditional Chil- ean respect for and protection of human rights. In fact, a series of reports from respected international Organizations such as the International Commission of Jurists and Amnesty International as well as private contacts that I have had With both Chilean and third country in- , dividnals and agencies convince me that a systematic disregard for human rights continues today in Chile. Anniesty International, in a letter to General Pinochet, stated: gontra,ry to some statements issued by 011,ileArl Onvernmental officIals,abrOad, there Is sulestantia,l evidence of a persistent and gross violation of the most fundamental hu- man :rights. gePpit wciit On to cha4ige continu- ation of suinmarr executions and torture, not only during their november Visit, but Up to the time Of their letter of Decem- ber 31, 1973. - In April, the In brnational Commis- sion of Jurists sent :t delegation to Chile to inquire into the legal situation with regard to human Tights. Its three-man delegation include Covey T. Oliver, former U.S. Ambk.tsador to Colombia and former U.S Arsistant Secretary of State for Inter-American Affair);. In May, the preliminary report of the delegation was rel'!Ased, expressing the "view that present judicial prccedures and safeguards do not meet the mini- mum standards wh.7;11 Chile is bound to observe under article 3 of the Geneva Conventions, 1949 The report also stated: We received most convincing evidence to support the declaratio,1 of the Catholic Bish- ops on April 24, 19YL. that there are "in- terrogations with physical and moral pres- sure." We believe th: the various forms of ill-treatment, some Imes amoun drag to severe torture, are dirded out systematically by some of those raponsible for interroga- tion and not, as mart people sought to per- suade us, in isolated ,ostances at the time of arrest. A study niissien the Senate :Refugee Subcommittee trth, eled In Chile in April as well. It Included former U.S. Ambas- sador to Chile Rai A. Dungan, former State Department Latin Ameri..lan ex- pert John N. Plan, and Mark L. Sch- neider of my staff. Their report, afte ,: its conclusions and recommendations i .reviously had been Communieated to thc junta, was given to the Senate Sul:icon) mittee on `Ref agees at a public hearing a July 23, a summary of which appears 'in the RECORD of July 23 at S13243. That testimdriy i-T3ce again disclosed? contrary to the continued assurances of the Chilean Government and its repre- . Approved For Release -2005/07/20 : CIA-RDP79-00957A000100040046-6 S 14230 Approved For FtsdigstoRN0A4w44: ~Rua:4E471119p01 00040046-August 5, 1974 ment of Salvadore Allende. Recently. the sentences were announced. They in- cluded four death sentences. Hopefully. those sentences will be eneonnteci partic- ularly since the former Attorney Gen- eral and Judge Booth described the pro- ceedings as "show trials." They cited. along with other observers the leek of due process in the military court martial Proceedings which operate for military and civilian alike. One attorney was thrown out of court for speaking "too we.rinly" of Allende. Another was reprimanded for reporting that his clients had been tortured. Vir- tually all defendants were Prosecuted on Ikea basis of "statements" given by others who were themselves under indlcunent or under detention. And mane of these defendsaats had told their fate Wee and their visitors of the systematic torture used during interrogations to obtain those "statements." The full texts of former Attorney General Clark and Judge Booth's opening testimony to the Refugee Subcommittee are reprinted at page S 13829 of the Coricesssmem. Rex- ORD of July 31, 1974. Despite this unrefuted testimony from numerous respected international orga- nizations and knowledgeable individuals, the attitude of the U.S. Government has been one of "business as usual." ampite the passage last fall of my amendment and its signature into law, stating the sense of Congress that? The Presiient should request the Govern- swat of Chile to protect the humon. tights Of all individuals. Chilean and foreign, at provided in the Universal Delaration of Hu- man Rights. the Convention end Protocol Relating the Status of Refugees, and other relevant international legal bisnaimente guaranteeing the panting of asylum. safe conduct. and the humane treatment or re- lease of prisoners. There is little evidence of forceful U.S. Government action. The most obvious, and to me, the most unacceptable evidence of our relies has been the military aid program. The administration has requested a near doubling of its fiseal year 1974 hucteet proposal for military assistance to Chile- OriginellY. a $10 million mili- tary credit sales program for fiscal year 1974 was recommended. Following the coup, that figure was Increased to $15 million, a 50 percent hike. In Its budget request for fiscal year 1975. the admin- istration recommended another substan- tial increase, to $20.5 million, for credit sales and another $800,000 to support the training of Chilean military officers. With a virtually unchallenged verdict of respected international organizations and respected Jurists and scholars of a continuing pattern of gross violations of human rights in Chile. I believe the Proposal for additional military aid to Chile to be unjustifiable and unaccept- able. It contrasts with the announce- ments of Britain and France to withhold military equipment and it signifies e dis- turbing lack of commitment to basic hu- man rights on the part of the adminis- tration. For these reasons, I am submitting this amendment, which I ask imani- mons consent to be printed in the REc- one along with several artieles, to halt all aid to Chile. There being no objPrif0P. the amend- ment and articles were ordered to be printed in the RECORD, as follows: Atimentemere On page 8, between ones 13 and 38, ineeet the follue log: (4) At the end thereof add the folkiering new section: "See 514. Termination of Assistance to Chtle.?No funds made available under this chapter or the Foreign Mattary Sided Act may be obligated to furnish easistance to CMOs on or atter the date of enactment of this section.". /Prom tee Washingto Post, Aug. 3, 19741 TN Clm.r, The "Jostioe" of the victors is being relent- /only ad nenistcred In Chile by the officers %alto overthrew the Allende government last fall. ClIven the chaos of his last days, it h corieletratee that some of Attendee sup- porters sensed that a coup was coming oad hoped to forestall it by cresting it power center of their own within the Chil- ean armed forces_ At any rate, the coup cams, dcotroyine any such hopes, and the would-he hinters became the prey. The ?Mum who had seized power looted about them for a dramatic way to legittailze their authority, to convince others inside and outside Chile that they had indeed saved the country by their mon Intervention. For Chilean* arm despite their ter, or. trauma, e law-minded people, and even the new leaders appreciate the ben- efits of winning their ectuntrymen't respect. To fulfil this vital heft lofting purpose, they decided on a Mass trial of Allende supporters, eo were accused of trying to -take over a eubstanteal part of the Chilean air force. Sen- tences were handed down in that trial the other day. Now, only In a country as politically riven at, Allencin'e Chile could a group at be air force men (and ID Mei/Yana) have eon- loinotated a kind al comp within one branch et the armed farces in order to meagre miii- Lacy suppm to keep the elected governmetit iti power. That IR a fair measure of how thinies were in &milieu, at that time. But only in a ? country as politically restrictive ea General l'inochei. a Chile would sham defendant, have been true with so Ilene a same on the irov- - otheilr:,.. part of les own basic. illogic. Woe that, despite government promise, of a erompt eublic trial, a considerable number Altrnep's civilian