Foreign Relations of the United States, 1969–1976, Volume E–11, Part 2, Documents on South America, 1973–1976

163. Telegram 64524 From the Department of State to the Embassy in Chile¹

Washington, March 30, 1974, 1910Z.

64524. Subj: Human Rights in Chile: Trials. Refs: A. USUN 828; B. Santiago 1131; C. State 190162; D. Santiago 4674.

1. In view of helpful GOC statement re fair trials (Ref A) and imminent initiation of what promises to be series of major trials, Dept believes it timely for embassy to make new démarche on corrosive human rights issue. Our objectives in this effort are to assure: (1) that the GOC is aware that the trial atmosphere and outgrowth will affect the USG’s ability in the face of U.S. public, especially congressional opinion, to continue to develop the close and mutually beneficial relationship that we desire to have with the GOC; and (2) that the GOC understands the longstanding U.S. position on human rights questions, including the importance of fair and open trials and of avoiding arbitrary detentions.

2. Ambassador should seek earliest opportunity (preferably before major trials have actually begun) to discuss trials at appropriately high level, drawing on the following:

(A) The form of Chile’s government and the shape of its social and economic policies, of course, are Chilean matters.

(B) As the GOC knows, however, there exists an impression in the minds of many Americans, including members of the U.S. Congress, that the GOC is not doing all that it could to promote human rights. This concern has been reflected in part in Sections 32 and 35 of the most recent foreign assistance act which deal, respectively, with the questions of political prisoners and broader issues of human rights. The reported impending trials of a large number of high-level Chilean officials have generated considerable adverse publicity diverting political attention from the numerous positive accomplishments of recent months. U.S. public and congressional interest in events in Chile in the next few weeks and months, especially the trials, will affect the climate in which our foreign aid and military assistance legislation will be considered in congressional hearings to commence shortly. The GOC may have objections to the relating of human rights concerns to the granting of bilateral assistance, but it is a fact which both the GOC and the USG must take into account in our efforts to develop a mutually beneficial association in the spirit of frankness which has characterized our relations up to now.

(C) USG wishes to help the GOC in its efforts to build a strong, economically viable nation which has, inter alia, the full confidence of the international community. This confidence depends not only on Chile’s economic and political relations with the outside world, but also on its continued efforts to observe internationally accepted standards on human rights.

(D) We applaud, in this context, the GOC position (per Ref A) that detainees will be released “except for those who are prosecuted for common crimes punishable under laws ante-dating the acts with which they are charged and whose detention or liberty can be decided only by the ordinary courts of justice.” We are hopeful that this means that detainees found subject to prosecution will be dealt with employing (1) proper charges, (2) adequate defense counsel and time and facilities for defense, (3) open trial before a proper court of the independent civil judiciary, and (4) proper appeals procedures. While we recognize that Chilean legislation governing state of siege may dictate some modification of these principles, we hope that the procedures used will hew closely to these generally accepted standards of due process.

(E) The GOC’s commendable desire to commence trials promptly will, we hope, belie further charges that the GOC has unreasonably delayed the charging and trying of persons in custody. Fair and open trials, reasonable sentencing in those cases where persons tried are found guilty, or prompt release where acquitted or not prosecuted will not only be consistent with Chile’s traditions, but will provide Chile’s friends with a firmer basis for helping to create a more constructive climate of opinion towards Chile. The GOC’s splendid collaboration with the UNHCR, ICRC and other international organizations is evidence to us of its sensitivity to this issue and of its constructive intent.

3. Dept appreciates embassy’s excellent reporting on human rights matters. We would appreciate continuing to receive all information embassy can furnish concerning who is to be tried, when, where, and with what guarantees or lack thereof. (See Articles 10 and 11, Universal Declaration, Article LR, Covenant on Civil and Political Rights.)

4. FYI: Dept notes (A) that Pinochet statement Ref B “we have normal legal trials and the courts function in a totally independent manner” undercuts GOC position that Article 4 of covenant’s public emergency exception licenses deprivation of right to trial or trial other than in accordance with normal legal process, i.e., at a minimum, guarantees of Article 14 of covenant; (B) Article 4 of covenant does not limit rights protected by certain other articles. Notably in present case by 6(1), (2), (4), and (5), 7, 15, 16, and 18; and (C) basic requirement of Article 14 covenant respecting public access is that there be “fair and public hearing”, etc. Any closing must be for specified reasons and only of that part of trial where such specified reasons clearly require, subject further, however, to the court’s (not legislative, not executive) discretion to avoid prejudice through publicity to the interests of justice. We wish to avoid an examination of GOC’s precise commitments under its international undertakings and degree to which GOC may or may not be complying, but embassy may draw if useful. End FYI.

Kissinger

1. Summary: As the Chilean Government prepared to put a number of political prisoners on trial, the Department instructed the Embassy to make a démarche to Chilean officials on the human rights issue.

   Source: National Archives, Nixon Presidential Materials, NSC Files, Country Files, Box 777, Latin America, Chile, Vol. 8, 1 January 1973–31 March 1974. Confidential; Priority; Exdis. Drafted by Runyon, Gantz, and Isaacs; cleared by Shlaudeman, Karkashian, and Kubisch; approved by Maw. In telegram 1323 from Santiago, March 18, the Embassy reported that the Chilean Government had extended a “state of siege” for an additional six months and that trials of MIR and Socialist Party members were under way or planned for the coming weeks. (Ibid., RG 59, Central Foreign Policy File, [no film number]) Telegram 828 from USUN, March 11, reported on the Chilean Government’s response to criticism of its human rights record; in a letter, Huerta asserted that the Soviet Union was responsible for attacks on Chile and that his Government upheld human rights. (Ibid., D740071–0322) Telegram 190162 is Document 140. Telegram 4674 is discussed in the source note to Document 140.