AMENDMENT NO. 1779

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100040046-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: July 14, 2005
• Sequence Number: 46
• Publication Date: August 5, 1974
• Content Type: OPEN

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 iinLite.rs 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, Salcact.er 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