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Documentary evidence from Judge Baltazar Garzon in response to the British Minister for the Foreign Office on cases of torture occurring after 8th December, 1988.

Two days after the Law Lords' verdict of 24th March 1999, the Spanish magistrate seeking to extradite Senator Pinochet to Spain added 33 new cases of alleged torture to the list already known by the Law Lords. The abuses would have occurred after September 1988 and therefore they fall within the period in which the UN convention on torture was part of British law.

The following is a summary in English of the document. The full version in Spanish was published in El Pais, 26.3.99.

Documentary evidence from Judge Baltazar Garzon in response to the British Minister for the Foreign Office on cases of torture occurring after 8th December, 1988.

Procedure: Indictment 19/97/97-J
Separated Section III
Central Court Number Five
Audiencia Nacional
Madrid.

The first few sections transcribe the request from the Crown Prosecution Service dated 25th March 1999, and mentions a request for an expansion of the lawsuit against Pinochet with he addition of 85 extra cases of torture.[1]

The main section, Legal Reasoning, gives legal explanations and a list of 33 cases with a description of the abuses allegedly committed in each. It is stated that general Augusto Pinochet was the head of a criminal concern supported by institutional organisations with the only objective of conspiring, developing and executing a systematic criminal plan of illegal detentions, abductions, torture and tortures followed by death, using all those instruments as part of a State policy to obtain power on the 11th September 1973, and to maintain that power until the 12th March, 1990. It also asserted that from 29th September 1988, and in relation to practising torture, the behaviour of the National Intelligence Centre (CNI), the Police, the Criminal Investigation Department and others, was exactly the same as before, and obeyed the same State's policy sponsored, promoted, directed and allowed by Augusto Pinochet.

The eight victims who suffered abuse after September 1988 and were already known by the Law Lords are:

1. Cecilia MAGNI CAMINO, her dead body was found in the Tinguiririca River on 28.10.88. The autopsy showed multiple lesions and signs of the application of electricity.

2. Raúl PELLEGRIN FRIEDMAN, his dead body was found in the same river on 31.10.88. The autopsy also showed signs of the application of electricity, and contusions in the dorsal region. Cause of death: immersion.

3. Marcos QUEZADA YÁÑEZ, 17 years, detained 24.6.89, he died hours later of "shock probably due to electricity"

4. Jorge Antonio Marcelo SALAS ROJAS, 22 years. A hairdresser, he died on 29.10.88 in a police location. Autopsy found multiple bodily injuries and signs of exposure to water that was considered as a possible cause of his death.

5. Lincoyán Nery CÁCERES PEÑA, 61 years. Detained on 4.5.89. He was transferred to a Centre for Social Rehabilitation and transferred to hospital on 7.5.89 in deep coma, and died on the same day. The forensic diagnosis of the cause of his death was severe brain injury with multiple skull fractures.

6. Wilson Fernando VALDEBENITO JUICA, 28 years, miner and trade unionist. Detained on 15.12.88, he died on the same day. Cause of death: high-tension electric energy. The body showed multiple contusions and pelvic and cervical fractures.

7. Luis Orlando VARGAS MIRANDA, 58, worker. He was detained on 22.8.89 and submitted to torture. Transferred to a building for interrogation by the military, he jumped out a window and died of multiple traumas.

8. Luis Alberto CORREA VERGARA, 28 years, trader. Detained by the police on 3.12.88 and tortured. The following day he was found hanged in his cell.

The cases of torture occurred between 29 September 1988 ND 12th March 1990, included now in the extradition request are:

1. Manuel Antonio ARRIAGA CANALES, detained on 8.7.89 and tortured with blows and electricity.

2. Javier María MENA ROBINSON, detained on 15.6.89. Tortured with blows and cigarette burning.

3. Guillermo Salvador CALDERÓN LEIVA, detained on 19.7.89 and tortured with blows and application of electricity on his genital organs.

4. Patricia Judith CORREA CAMPUSANO, detained on 14.10.88 and tortured with blows and prolonged application of electricity.

5. David Pablo FUENTES ACUÑA, detained on 14.10.88 and tortured with blows and the application of electricity.

6. Juan Bautista GATICA MOLINA, detained on 29.1.89 and tortured with the application of multiple blows.

7. Marcelo Samuel GUTIÉRREZ HERNÁNDEZ, detained on 21.12.89 and tortured with blows and the "pau de arara".[2]

8. Máximo ILLANES PACHECO, detained on 10.5.89 and tortured with multiple blows, as a result of which he sustained a fracture of the nasal bones.

9. Víctor Manuel LABRA AHUMADA, detained on 19.7.89 and tortured with blows.

10. Luis LEYTON CHAMORRO, detained on 5.12.89 and tortured with application of electricity.

11. Oscar Patricio MOLINA OSSANDON, detained on 4.10.88 and tortured with blows and prolonged application of electricity, while listening to the shouting of her partner, Patricoa Correa, who was also a victim of the same torture.

12. Pablo Andrés PARADA APABLAZA, detained on 18.4.89 and tortured with blows and application of electricity. During his detention he was submitted to mock executions.

13. Renné Eduardo PENO OSORIO, detained on 11.5.89 and tortured with blows.

14. Jorge Antonio SALAS ROJAS, detained on 28.10.88 and tortured with "the submarine", also called "the board".[3]

15. Claudio TAPIA ORELLANA, detained on 18.4.89 and tortured with blows and the "Russian roulette". He suffered rupture of the eardrum.

16. Mario TORO ASTUDILLO, detained on 18.1.89 and tortured.

17. Hipólito TORO VALENZUELA, detained on 18.1.89 and tortured.

18. Claudio TORREALBA TORREALBA, detained on 18.5.89 and tortured with blows and application of electricity.

19. Claudio VARELA MOYA, detained on 10.11.89 and tortured with brows, exposure to faeces and urine, hanging in the "pau the arara"2 and application of electricity.

20. Johana María BENECH MARAMBIO, at the time President of the School of Philosophy's student union, University of Chile. Detained on 5.10.89 and tortured with blows.

21. Juan Carlos RAMÍREZ PEÑA, detained on 5.10.89 and tortured with blows. Left with severe facial deformity.

22. Julio César SAZO CASTILLO, detained on 12.10.89 and tortured with blows.

23. Máximo ILLANES PACHECO, detained on 10.5.89 and tortured with blows.

24. David SAGUES ESPINOZA, detained on several occasions during the period and tortured with blows and hanging.

25. Carlos BENAVIDES CARVACHO, detained on 10.12.89 and severely beaten within a military barrack.

26. Juan Andrés ORDENES NARVÁEZ, detained on 11.4.89 and suffered physical punishment and prolonged solitary confinement.

27. María Teresa QUIJADA DONOSO, detained in August-October 1989. Suffered physical punishment resulting in haemorrhages.

28. Miriam Ivonne ROJAS RUBIO, detained in August-October 1989 with Ms. Quijada Donoso. Suffered physical punishment resulting in haemorrhages.

29. Nelson Antonio ANDRADE ALCAÍNO, detained in 12.10.89. Suffered physical punishment and threats.

30. Hernán SEPÚLVEDA PERTNER, university student. Detained and tortured with blows. He was released on 2.6.89, in a poor state of heath due to the abuses suffered. He was submitted to two surgical interventions in spite of which he died.

31. Leonardo Ramón OYARCE VALDIVIA, 30 years, peddler. He was detained on 7.6.89. According to the official version, he committed suicide in his cell.

32. Jorge MUZZ FERNÁNDEZ, detained on 30.8.89 and tortured with blows, application of electricity, hangings and mock executions.

33. Avelino VILLARROEL MUÑOZ, detained on 1.9.89 and tortured with blows, application of electricity, threats on life to him and his family and listening to the shouting of other people while they were tortured.

The document goes on to give further judicial argument. It is argued that forced disappearances constitute permanent offences, regardless of the date they occurred. The UN General Assembly of 18th December, 1992 approved the Declaration of the Rights of All People establishes that the disappearances can be assimilated to a form of torture, since in its Preamble it invokes the Convention on Torture of 10th December 1984, ratified by Spain and the UK in 1987 and 1988 respectively. The relatives of those who disappeared during Pinochet's regime have the right to know the whereabouts of their loved ones. To deny this right just because they were deprived of their freedom before September 1988 could in itself be an inhumane act.

Notes:

  1. Presented by Joan Garcés, the Spanish solicitor representing the families of the victims. In this document Garzon accepted only 33 of them, and requested further information about the others. (Translator's note.)
  2. The victim is tied such a way that he/she can be hanged from an iron rod that is passed through the space left between the back of his/her knees and his forearms.
  3. The victim is secured on his/her back on a board, with the head lower than the rest of the body. A fizzy drink is introduced through the nose into the airways, producing asphyxiation.

    Summarized from the Spanish by Remember-Chile

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