The last play of Jorge Burgos: The beheading Human Rights Programme (PDH) and the shield to Cheyre
Shortly before leaving his post -after submit his resignation on Wednesday, 08 June-Interior Minister Jorge Burgos gave a lethal blow to the autonomy of the Human Rights Programme (PDH) which operates under the supervision of the portfolio: Moved executive secretary Sebastián Cabezas the Ministry of Justice and removed from office the head of the Legal Department, Rodrigo Lledo lawyer.
He did this after unsuccessful attempts for the PDH not go forward in its intention to request the formalization of the general (r) Juan Emilio Cheyre, for his participation in the crimes of the Caravan of Death in passing through La Serena.
It was on Monday, May 25, after a last call from Interior Cheyre for Lledo which rejected the "request of La Moneda" claiming autonomy in procedural matters of the institution. After that, an adviser to the minister still Burgos phoned Lledo informing him that had been removed from office and had to withdraw shortly belongings from his office.
Meanwhile, the new director Catalina Lagos him personally expressed Lledó that had no confidence, but "as a gesture" allowed him to stay in office a few days. And that was the period that Lledo took the opportunity to fulfill one last task of the greatest importance.
On Tuesday June 7 Lledo asked Minister Mario Chariot especially visit Cheyre processing, as abetting murder and ranked by the Caravan of Death case kidnappings. This application driven Lledo made with the support and signatures of all the team of lawyers of PDH. This occurred a day before Burgos leave office in the Interior Ministry.
So one of the worst nightmares of the Minister Burgos and the currency itself is concretized: the possible fall of Cheyre, "the general of the transition."
This is the first time the PDH requested prosecute this former senior official, despite being investigated by the Justice for more than 5 years.
The young Lieutenant Cheyre
At the time of the 1973 military coup occurs, Cheyre serving as a lieutenant in the Arica Regiment of La Serena. Many survivors of the dictatorship have accused him responsible for executions and torture, yet he insisted, until today, only served administrative tasks and never saw or heard anything, have done, says Cheyre, I would have told.
Unforgettable in this sense was the face-registered informant-the TVN program August 20, 2013- between this military retired and, in the then- chairman of Servel with Lejderman Ernesto Avalos, whose parents Maria del Rosario and Bernardo were killed-in his presence by military Arica Regiment of La Serena.
"I'm here for the memory of my dad and my mom. I'm here because I'm suggesting that there must be justice and not yet there. I do not wish or Cheyre or any genocidal military or anyone what my parents lived, nor what I lived having to witness the crime. "
And it was more: "Why when I was head of the Army (2002-2006) did not say where the remains of the disappeared were? (...) "I will invite Cheyre to break the silence and tell pacts really where are they? Say what happened to my Mom and my Dad, really, "he snapped Lejderman.
As a result of this action Ernesto Lejderman, Cheyre had to leave the presidency of the Board of Servel, but remained as director.
The doctrine Ugás
Since May 2015 in Burgos Interior Minister he reached immediately wanted to subject the actions of PDH political requirements of his ministry. However, he found the convictions and decision of the then executive secretary of that body, Francisco Ugas, who more than once reminded the former minister that the program was autonomous in matters of procedural decisions.
The determination to keep this kind of doctrine demonstrated on more than one occasion. The second half of 2014 the PDH produced a report justifying the need for the State of Chile "review and modify the atingentes existing rules of confidentiality, reserve and secrecy that restrict or prevent access to documentary material on the grave, massive and systematic human rights violations committed during the civic-military dictatorship".
This specifically refers to what has been known as "the secret of 50 years," established by Law 19.992 of 2004 fixing compensation they will receive political prisoners and tortured, qualified as such by the National Commission on Political Imprisonment and Torture, known as "Valech Commission".
On the fifth point of the conclusions of that report, which was released hereby 2 August 2015 it arises as a solution to this problem to publicize the background in question "to promote the effectiveness of the right to truth and the right of access to public information ".
In fact, in the PDH there was surprise when on television, the President announced -at off the side of Carmen Gloria Quintana cameras, following the reopening of the case Quemados- conducting a study to review the lifting of the secrecy of the Valech Report. The surprise was that the study which it had done-PDH he was finished eight months ago and was from December, on the desk of Minister of Interior and President Bachelet herself.
Thus, it contradicted the policies from Lagos on in this area and aim to maintain the identity of the accused as torturers of the military dictatorship in secret.
This independence of PDH even penetrated the anxieties arising from not obeying the request of President Bachelet herself and her mother, Angela Jeria, who opposed the agency appealed to the very low penalties that the judge sanctioned Chariot -in November 2014- the perpetrators of torture against those husband and father, General Alberto Bachelet.
These constraints were perpetrated at the Academy prior to the death of Bachelet, as a result of maltratos- Air War in March 1974. For this crime Colonels (r) Edgar Ceballos Jones and Ramón Cáceres Jorquera received sentences of two years and one day and three years and one day, respectively.
The family lawyer Bachelet, former Justice Minister Isidro Solis, reported directly to PDH compliance with the ruling and family decision not to persevere in the cause and asked the PDH to do the same. This puzzled and caused great discomfort Agustinas office (PDH). It was the President herself who put a stop to the policy of PDH and sat a bad precedent in this area. meetings were held, people threatened to quit the program and the relationship is stressed.
They did this even though, as claimed by the journalist Victor Herrero on Human Rights note: The President made little, Undersecretary of Interior Mahmoud Aleuy and Bachelet's chief of staff, Ana Lya Uriarte, forced to loosen.
However, led by Ugas and Lledo, and sustained in the weight of evidence, the PDH decided to persevere in the appeal.
But this doctrine has weakened in December 2015 when Francisco Ugás resigned -in order to do a postgraduate in Europe and its place was taken by the lawyer of the Catholic University of Valparaiso and the National Human Rights Institute (INDH ) Sebastian Cabezas.
By observing this change, the pressures of Burgos regarding the PDH were renewed in order to submit decisions of this body to its political agenda. Cabezas, barely, able to withstand the pressure until the episode of the processing request to Cheyre and Burgos and the government decided to behead triggered this organism.
Moving to Justice Cabezas took the pretext of enforcing the law creating the Secretariat for Human Rights, under whose tutelage operate in the near future the PDH.
It is important to note that recently beheaded this team reached its consolidation under the government of Sebastián Piñera. -at This administration does not have professionals with experience in the field of legal protection of human rights- he made a selection via Senior Public Management that led to the arrival of Ugás and other young professionals committed to advancing the causes.
Both Ugás as Lledo had important part of their careers in the Judicial Assistance Corporation ( "lawyers for the poor") where he had touched arrange numerous human rights cases, subject in which-considered their studies and experience- were experts .
Given the ostensible inclination of the New Majority -Concertación for democracy- for political cuoteo, the world of human rights feared that this team of professionals committed would be beheaded by President Bachelet after assuming his second term in March 2014.
However, after the intervention of the most emblematic human rights groups, in order to require that the equipment be maintained, the President decided to appoint executive secretary of PDH Ugás -before he was in charge of legally Lledó area and which is He worked as a lawyer in such repartición- took over the legal area.
The silence of the groups and the case Neruda
Catalina Lagos (PS), new executive secretary of PDH previously served on the International Relations unit Sernam, it belongs to a family closely linked to power. Jorge Molina (The Clinic) says in a note dated June 10, she is the daughter of the current fiscal Corfo Pablo Lagos Puccio and Sonia Tschorne, "both traditional part of the DNA of the former Concertación".
Upon arrival at PDH it marks the end of an era in which prevailed professionalism and commitment to human rights and the return of political cuoteo.
Despite this, the most emblematic groups in defense of human rights as the Association of Relatives of the Detained-Disappeared (AFDD) and the Association of Families of Political Executed (AFEP) have kept complete silence. They have not even issued a statement expressing concern. This, despite the important role played by the PDH in more than 700 cases of executions and forced disappearances.
The only instance that has taken steps to demand that the government reverse the measure, especially with regard to the removal of Succession Neruda Lledó- is led by attorney Rodolfo Reyes.
In letter entered La Moneda on June 3, will express to President Bachelet that the removal of Lledo "undermines the investigation, decline and alters excellent progress in the investigation into the death of Neruda is a case of national attention and international".
In this regard it should be noted that under the leadership of Lledo and Ugás , the PDH became part of the case Neruda (Rol 1038-2011 ) on January 9, 2015 .
And just as important was the incorporation of PDH in this case , which managed to reverse the course wearing this cause to demonstrate that "the information in the record made, it is clearly possible and highly probable third party intervention in the death of D. Pablo Neruda".
This, according -of eleven pages long report issued on March 25, 2015 , part of a reserved 1038-2011 Notebook " Neruda Case " cause and it was released by the Spanish daily El País , 5 November 2015 .
In that letter, which bears the signature of Ugás and Lledó and was directed to the Minister in visit substance this case , Judge Mario Carroza , argues that " from the point of evidence, we can conclude that ( ... ) was not established in time, nor during the course of the investigation , that death ( Neruda ) occurred as a result of suffering cancer , "says this report in its conclusions .Thus radically it contravened the reports prepared by the First International Panel of Experts suggested that Neruda died of cancer that affected him without any proof.
Undoubtedly the work and contribution of the Human Rights Programme (PDH), in advancing causes and establishments historical and legal facts, progress has not been without its own pressures of political and remote calculation of the reason for its creation as an autonomous institution of the State in consolidating repair the State and the achievement of penalties against those who violate cons this, as a deterrent certainty of a "Never Again" on Human Rights. Unfortunately for the political and fortunately for victims establishment, the professional team of PDH went further, despite its logical constraints, so there has cost, judging by the facts, their very existence.
The last play of Burgos culminated in the beheading of PDH, and will be the facts and history which realize the cost of this, but in the immediate and fulfilling the role due to them, the PDH has made progress even going beyond and calling for the formalization of "untouchables", all under the political logic that has permeated in all governments of transition and still persists: as far as possible and mortgaging their own survival.