RESOLUTION Nº 52/81
1. On November 7,
1979, the Inter-American Commission on Human Rights received a
denunciation from Miguel Angel Rojas Abarca as follows:
Chile this eighteenth day of October, 1979, I, a notary public of this
city, hereby state that Mr. Miguel Angel Rojas Abarca, a student,
unmarried, age 16, residing at Fernando Yunge Street Nº 1899, in the
Nogales District of Santiago, without identification document, appeared
before me to state the following under oath:
was detained at his home at about 4:00 a.m., on Saturday October 13,
1979 by investigations officers who broke in violently, took him out of
his bed while he was asleep and put him in a vehicle without any
explanation, without showing any warrant for his arrest and without
having found him in the commission of a crime.
studies at the Bernado O'Higgins Industrial School, he is 16 years old,
he lives with his parents and has never been arrested.
his captors also detained another person, they decided to put Mr. Rojas
Abarca between a spare tire and some tools in the trunk of the
automobile, which was completely closed. They had earlier punched him
about the face while he was in the passenger compartment. Still in the
trunk, he was taken to one of the investigations barracks, which is
about ten blocks from the Apoquind Street near Américo Vespucio,
although, since he did not know the area, he was unsure exactly where he
was. His captors pushed him into the barracks, and kept on asking him
about a certain person they called "ojo de buey" (bull's-eye),
about whom he knows absolutely nothing and of whom he has never heard.
Since, according to the captors, his reply was not satisfactory, they
kept on punching him hard every so often on his face and in the stomach,
leaving him completely winded. Taking no account of his age, they
constantly threatened to put an electric current to him, but luckily did
not during the days he was detained. During the days following, that is
Monday, Tuesday and Wednesday they went on ill-treating him, insulting
him and being generally rude, despite his insistence that he knew
nothing and that he was just a student. He even showed them his school
identification card. They told him that he was not going to get out
until he said who "ojo de buey" was. They repeatedly
threatened him with giving him electricity, and added that many people
had died in that place as a result of the electricity. So his captors
then made him write a document on his own handwriting in which he said
that he had been well treated and that he did not blame any of them for
any ill treatment.
2. In a note dated
November 12, 1979, the Commission transmitted the pertinent parts of the
denunciation to the Government of Chile, and asked it to provide the
relevant information in accordance with Articles 42 and 44 of the
Regulations. In a letter dated the same day, it informed the claimant
that it had received the communication and told him how it had been
3. Since no reply
was received from the Government, the Commission reiterated its request
for information in a note dated February 26, 1981, and notified the
Government of possible application of Article 39 of the Regulations.
communication submitted to the Inter-American Commission on Human Rights
denounces the arbitrary detention and torture of Miguel Angel Rojas
Abarca, by officials of the National Investigations Center (CNI);
2. To date, the
Government of Chile has not provided the information requested by the
Commission in its note of November 12, 1979 and reiterated on February
3. Article 39 of
the Regulations establishes the following:
facts reported in the petition whose pertinent parts have been
transmitted to the government of the state In reference shall be
presumed to be true if, during the maximum period set by the Commission
under the provisions of Article 31, paragraph 5, the government has not
provided the pertinent information, as long as other evidence does not
lead to a different conclusion.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
1. In application
of Article 39 of its Regulations, to presume to be true the event
denounced in the communication of November 7, 1979, concerning the
arbitrary detention and torture of Miguel Angel Rojas Abarca.
2. To declare that
these events constitute a most serious violation of the right to life,
liberty and personal security (Article I), and of the right to
protection from arbitrary arrest (Article XXV) of the American
Declaration of the Rights and Duties of Man.
3. To recommend to
the Government of Chile: a) that in order an investigation to determine
responsibility for the events denounced; b) that in punish those
responsible for those events according to Chilean law, and c) that it
inform the Commission within 60 days as to the measures taken to put the
abovementioned recommendations into practice.
4. To communicate
this resolution to the Government of Chile in light of Article 50.2 of
the Regulations of the Commission, for all pertinent purposes.
5. To include this
resolution in the Annual Report to the General Assembly of the
Organization of American States, in accordance with Article 50.4 of the
Regulations of the Commission, if the Government of Chile does not adopt
the stated recommendations within the abovementioned time period.