Eduardo Contreras: "Forensic experts advise that second sample should be send to Switzerland and Austria"
By Mario Casasús,7/10/2013
Mexico City. - In an interview with Clarín.cl Eduardo Contreras , a human rights lawyer and prosecutor in the Neruda Case, analyzes the terms of the court record : "After the closure of the investigation , to get convinced that the crime exists, the judge should bring to trial the alleged murderers , pronouncing the judgment in this case adversarial Dr. Sergio Draper , there is a deadline for the plaintiffs to adhere to the charge and seek civil action in this case would correspond to the family of Neruda - , we theorize , after the plenary begin is public. It is very difficult to predict the time it will open the case , may be 2 or 3 years. " Mexico Visiting Chilean lawyer ahead : "There will be new research, from the team that advises us: the prestigious Dr. Cristian Orrego , Dr. Gloria Ramirez , Dr. Ramiro Mirror and other experts who have offered their services from Switzerland , Sweden, Canada and Austria , the panel of experts the idea of sending a scond sample to laboratories in Austria and Switzerland".
MC . - After Homage to Neruda in the Palace of Medicine, UNAM , and talk to the Mexican press about the judicial investigation to clarify the poet's death , what would be the outcome of your trip to Mexico ? EC . - I felt a personal and direct the thrill of it all still alive , which is the same Mexico that love - after living 10 years in exile here , we keep intact the relationship with close friends closely linked to Mexican - Chile's cause , I realized that interest in the poetry of Neruda remains in effect , corresponds to deep love for Mexico Pablo Neruda , from young Neruda Velarde regarded as the father of modernism - over Ruben Dario - by Pablo Neruda I first heard about the Mexican poet Ramón López Velarde , then I realized the meaning of the Fifth Michoacan in Santiago , one of the first political acts of my exile, in 1978 - was in the province of Michoacán , and several teachers approached me to tell me about Neruda and anywhere in Mexico picked the living memory of the poet, in Mexico have shared podium with Ambassador Gonzalo Martinez Corbalá and poet Hugo Gutiérrez Vega to talk about the path Neruda. I pretend I can not say I was a friend of Pablo Neruda , but I had the privilege of speaking with him many times , visited the province of Chillán , twice proclaimed my candidacy in political campaigns of the Communist Party , making a huge effort Paul traveled to Chillán .
MC . - Neruda died the night of September 23, 1973 , on the eve of the trip to Mexico , how would you describe , 40 years later, the Mexican press interest by the judicial investigation and forensic Neruda Case ? EC . - Clearly Neruda part of Mexico , that explains that on Monday September 24 due to travel to Mexico with Gonzalo Martinez Corbalá to be an active leader of the opposition to the dictatorship . I was surprised the management of information, sometimes better known in Chilean history , Mexican journalists are very aware of events, medical treatments Neruda , revealing that the Mexican press and especially La Jornada Process - seriously collaborated Case disseminate information Neruda. The questions I reveal that Mexican journalist does not know the details of the investigation have been pointed questions , doubt installed by the litigation seeking to clarify the truth . Of course , we will accept the verdict , not try to invent and distort history. So far the history of the process leading to more strongly support the involvement of third parties in Neruda 's death regardless of the severity of the cancer - , that point is at the center of the questions I received in Mexico .
MC . - We are waiting for toxicology results , at what point is the inquest ? , When the term close to call witnesses ? EC . - On the date on which the murder had been committed , 1973 , is applicable to the old Criminal Code of Chile , there can be judicial reform in recent years than would a public process shorter. Before distinguished by two parts: the process had not run, the research - secret protected by the summary - is run by the same person : the judge investigate, prosecute and sentence , in this case the judge Mario Float has all the time the world, there is no time limit . The Neruda Case is still in the research - who is also secretary , which we have known it has been thanks to journalism , but the dominant idea in Chile and other countries of the world is that legal proceedings can not be secret if it is true that the law applicable to criminal procedure imposes the secret summary , no one makes a fuss if some information is made public, it would be absurd in the trial to clarify the death of a poet so important. Therefore we have a tolerance real myself another time I can be accused by the statements I give you, in 2000 wrote a book on the trial of Pinochet revealing summary information and the judge hinted me , I could have legal rightly been punished for violating the secrecy of the investigation .
After the closure of the investigation , to get convinced that the crime exists, the judge should bring to trial the alleged murderers , pronouncing the judgment in this case adversarial Dr. Sergio Draper , there is a deadline for the plaintiffs to adhere to the charge and seek civil action in this case would correspond to the family of Neruda , the lawyer Rodolfo Reyes , we are theorizing , then start the meeting that is public . It is very difficult to predict the time it will open the case , may be 2 or 3 years . There was an important element that is not known , from the shock of the 40 years after the coup , for the first time the Supreme Court made a mea culpa , the judiciary said that in Chile there was a military dictatorship and added: " the courts fell short of their duties " , this statement was required by the National Association of Judges to the Supreme Court , also gave positive signals when accessing for the first time after years of requests , to devote exclusive time to the judges who have human rights cases in Chile, the judge handling more cases is Mario Chariot , that explains the delay of your initial question , in these human rights trials the judge used to exercise in normal subjects , be part of the courts and when he had plenty time could be devoted to the causes of human rights violations . That did not hold , henceforth , September , Judge Mario Chariot will focus exclusively on trials in defense of human rights , we believe we will walk faster, Mario thinks that since 1998 , when we present the first case against Pinochet in Chile today to defendants remain final judgment.
MC- So when will define the limits of forensic investigation ? EC . - We know from the Forensic Medical Service they expect the results in October , first tests were conducted at the University of North Carolina and later at the University of Murcia, will arrive in that order. Alongside will be ready DNA results to confirm whether the bones are Pablo Neruda , the samples were taken last week with direct nephews poet should not take three months, advances in forensics. Now there will be new research, from the team that advises us : the prestigious Dr. Cristian Orrego (University of Berkeley ) , Dr. Gloria Ramirez , Dr. Ramiro Mirror and other experts who have offered their services from Switzerland , Sweden, Canada and Austria , the expert formally accepted by the judge , Gloria Ramirez is working with us and with the lawyer Rodolfo Reyes , the panel of experts the idea of sending counter samples to laboratories in Austria and Switzerland. I could not give you the certainty of time it will take to close the forensic investigation to determine whether it is possible or not to find substances in bone samples of Neruda , for Chile Parallel appeared in the declaration of the director of the Institute admitting the existence Public Health botulinum toxin during the dictatorship , we also know that it may be self - medication Dipyrone admitted having injected Dr. Sergio Draper , the day I spoke at the Palace of medicine approached me a professor at UNAM for me a theoretical that actually might use drugs to mask the murder - as - Dolopirona Dipyrone or that a certain amount injected lethal and perfectly not appear , or may not indicate the dose in forensic laboratories .
MC . - Given the contradictions and obstruction of justice committed by Dr. Sergio Draper , when present them formal request to change your status as a witness to the alleged perpetrator ? EC . - The link is as follows: Article 274 of the Code of Criminal Procedure in force in 1973 , states that to prosecute someone you must meet the following requirements : the judge must question the person involved , it is finished , Dr. Draper and nurses already declared , and second , that there are grounds for suspicion of their involvement in the criminal act must be assumptions strong , serious , consistent and multiple , also exist in the court file , and the third requirement : to prove the existence of the offense, the only thing is that Neruda died accredited , legally died of cancer cachexia ( extreme malnutrition ) , we have reversed this cause , I 'm afraid that if medical science can not prove that there is foreign matter Neruda 's disease that might cause your death, then the judicial process could play a pedagogical , ethical , moral and political , but not get to be damned if we do not meet the third requirement : have verified the existence of the crime , how to prove the murder if the death certificate says another thing ? , only with evidence , witnesses , or even with the ridiculous fact Sergio Draper to have invented the " Dr. Price " , the " doctor " supposedly lifted the sheets Neruda 's body to show the widow Matilde Urrutia there were no bumps or marks of an injection. Is connection of Draper and other physicians of the Clinic Santa Maria in Colonia Dignidad, but despite all the evidence can not prove the existence of the crime , we are facing a complex legal situation that we knew from the beginning , the risk was it because we have discovered things I never would have considered whether there was Proceso magazine on the red light .
MC . - According to the procedure in force in 1973 , is there the possibility of a confrontation with the polygraph between Manuel Araya and Sergio Draper ? EC . - Absolutely, the leadership will be confrontations , we must confront the contradictions between nurses and physicians of the Clinic Santa Maria. We are in the investigative phase here fit the statements of witnesses , skills and if we can use the polygraph technique we will, whatever is allowable to the criminal code .
MC . - What diligence ended in France ? , Is the Cochin Hospital delivered the records of the two operations he conducted Neruda ? EC . - So far there is no response , there remains the French research online . Precisarte want something, the skills could have a different outcome favorable to us, if something is unlikely : with all evidence against Sergio Draper could confess and say, " I ordered actually nurse dipyrone overdose , or application of a substance not prescribed by Vargas Salazar " , do not forget that the Clinic Santa Maria was intervened militarily , precisely the lawyer Rodolfo Reyes found the Decree Law No. 20 on the reorganization of the National Health Service and the National Health Service Employees ( dating from September 19, 1973 ) , so we cite to the military authority of the time , to come to testify, has occurred in Chilean history that can not be proven by expert opinion the fact , but the perpetrators confessed . The criminal confession alone is not enough to condemn anyone , but if that confession is accompanied by all the evidence and testimony that we have it could be a trial.
MC . - Finally, the Neruda Foundation had a trading link with Pinochet Ricardo Claro , have deliberately falsified books of the poet, and refuse to probate the will " Cantalao " . What could the Communist Party lawyers defending the legacy of his teammate Pablo Neruda? EC . - So far I have spoken with the lawyer Pedro Pina your concern , we are studying and discussing the issue of the legacy of Neruda. I share the interest of the lawyer Pedro Pina to study the will of Pablo Neruda and compare current statutes Neruda Foundation , to see what we can do effectively against the performance of the Neruda Foundation 's getting worse , been to Isla Negra conversing with the Union of Workers of the Museums , performance suffered excessive , arrogant and marketer of the directors of the Foundation , completely alien to the ideals he espoused Pablo Neruda , we must intervene to prevent further development injustices. I know in the Neruda Foundation work some intellectual respect, but do not know the reality of the Foundation are the same intellectuals who phoned me to ask me not to the filing of the complaint Neruda 's death in May 2011 - such may now think differently to the background that we have presented , I'm sure honest people change their minds when considering court documents, but beyond intellectuals , the directors of the Foundation are not respected , we have to score a high, and luck is with us the lawyer Rodolfo Reyes, Neruda direct nephew.