Santiago. - In an exclusive interview with Mario Clarín.cl Visiting Judge Chariot-of-speech lawsuit to clarify the alleged murder of Neruda: "I am a lawyer, I practice my activity as the judge, so I am researching all the necessary elements, history, statements and documents that can serve those that are technically prepared to say whether or not it is possible exhumation at this point, and if the exhumation can provide some data. "
"With President Allende was well, was possible because the skeleton was whole, it was possible to perform a technical assessment by a team of international experts, think it would be the same in the case of Pablo Neruda, Allende's exhumation allowed us determine the cause of death and the reconstruction of the events that might occur on September 11, 1973, hence, in the case of Pablo Neruda should be the same circumstances. " MC. - Judge, why accept a complaint regarding the alleged murder of Neruda? Mk-This specific case is not an isolated situation, enters the current context of the Judiciary of Chile with a different view to investigate the causes of human rights violations, thus was born the action to investigate the deaths of Salvador Allende and Augusto Olivares-including people who died after the coup, in that sense I investigate the death of Pablo Neruda, there is also a doubt and trepidation, had items to consider the lawsuit filed by the Communist Party and admitted to dealing in the 34th Criminal Court of Santiago (File Role 1038-2011).
MC. - According to current court proceedings on 23 September 1973, who has the right to declare the complaint to clarify the alleged murder of Neruda? Mk-In my opinion, as we are in the old system-the-inquisitive, where there is a historical reconstruction of the facts, anyone who has any arguments or evidence that allows us to reach a conclusion will be important, therefore, not come to testify only people we know, but those who did not know its existence and have to provide evidence, for example: if Don Pablo Neruda lived in France and there are still people who know history of prostate cancer who suffered, we his statement can take them without being cited. We also want to talk to the then Ambassador of Mexico to Chile, Gonzalo Martinez-Corbalá and the Chilean Ambassador to France, Mr. George Edwards, but both need not travel to testify before the investigative police.
MC. - Minister, have you checked the posthumous memoirs of Pablo Neruda and Matilde Urrutia?,? Collated the various versions of the articles and books on Neruda's funeral? Mk-The truth is a topic that measure their progress becomes more interesting, one gets to know everything that was written, so I'm increasingly internalized in the details, to begin research the figure of Don Pablo Neruda as Chile's Ambassador to France, to disease and death in the Santa Maria Clinic, so I study his life-not as isolated events, its development over time and I'm finding more and more information and elements; anyway, if I know if I know who was Don Pablo Neruda, I've talked to people who accompanied him, I read his poems and memoirs, studied the minutes they worked in the Popular Unity government, his friendship with the President Salvador Allende, of course asked about his relationship with people everyday who lent him some service in Isla Negra, am interested journalists who interviewed Pablo Neruda and diplomats of the time. In some books gave Pablo Neruda data-he or his widow, so I pesquisar all documentation to have the certainty that the statements have a chance or to discard them, and know if Don Pablo suffered disease and cancer others, or if the condition could last longer and give another result.
MC. - On June 8, Dr. Cristian Ugarte told: "La Clínica Santa María does not retain the medical records (Pablo Neruda)" How did you resolve obstacles to refusals to cooperate in the investigation? Mk-In the case of the Santa Maria Clinic outlines a procedure to follow, actually they say they do not have any evidence that we can provide, or the medical records, sent people to the Santa Maria Clinic to start looking statements of the people who were at that time, and has been established to doctors and nurses who were in those minutes and somehow came in contact with Don Pablo Neruda, from the stories of these people are going outlining the condition medical Pablo had also provided him know what medications and who were attending visit, the situation has been resolved with contemporary accounts. Now, the technical documents that could serve the Legal Medical Service to issue some sort of conclusion, are the few that we have recovered, in some cases delivered by the Neruda Foundation, or relatives.
MC. - Oncologist also collaborated Guillermo Merino (Neruda's physician) ... Mk-Sure, there are the graphic records, remember that I saw a picture Isla Negra where Don Pablo with President Allende two months before his death, that we reflect his face and appearance, there may be elements to see if it was affected by cortisone medication to treat cancer itself-are situations that are being established for technically trained people will then have to issue an opinion.
MC. - What would be the time to learn about new technical expertise Forensic Service? Mk-The truth is that one seeks and would like everything to be brief, within a reasonable time, and within certain periods where people can estimate, because it is necessary to obtain a certainty about what is resolved. We do not have a definite time, we are under the old process so there is no time-bound, but the idea is to be within a reasonable time and that in turn encompass all possible tests that have to be issued a resolution quite based and can be accepted by those in the expectation of the legal action surrounding the death of Pablo Neruda.
MC. - You said: "I will not seek to exhume Neruda without studying the medical record," and the lawyer Rodolfo Reyes said, "will authorize the exhumation of my uncle Pablo Neruda if the judge requests" (Clarín 13/06 / 2011), did it change its concept after the endorsement of the direct nephew Neruda? MC. - I think the analysis of the elements is essential, without prejudice to have the permission of the family, which is meritorious. Most important to know whether to perform the exhumation, his character would be necessary or vital to be clear enough to determine what caused the death of Pablo Neruda, therefore, I will take a decision after collecting all the items and give the range of possibilities in the Legal Medical Service, stress the importance of the Report of the Legal Medical Service.
MC. - At the technical level, is the exhumation of Neruda's presence could throw poison after 38 years? Mk-That's the answer we must give the Legal Medical Service, I am a lawyer, I practice my activity as the judge, so I am researching all the necessary elements, background, statements and documents which may serve those that are technically prepared to say whether or not it is possible exhumation at this point, and if the exhumation can provide some data. With President Allende was well, was possible because the skeleton was whole, it was possible to make a technical assessment by a team of international experts, think it would be the same in the case of Pablo Neruda, Allende's exhumation allowed us to determine the cause of his death and the reconstruction of the events that might occur on September 11, 1973, hence, in the case of Pablo Neruda should be the same circumstance.
MC. - Who would have the right to observe the exhumation of Neruda?, Does the plaintiff could propose experts to accompany the Forensic Services team? Mk-In the case of the exhumation. emanating from the Court's order to the Legal Medical Service, who have to provide the names of the people who take part in the work of the exhumation and after expertise. Towards the same place where the family will be exhumed and those closest interested in being present, and to give greater transparency to the work of the Legal Medical Service, the media can also record the exhumation-as in the case of President Salvador Allende -, in the Legal Medical Service professionals are different activities that allow the steps of a protocol to open the grave, get the body, to move it to the lab and return to her grave there come various professionals-led by one of them, finally in the MLS set a parameter type that makes people go adding that the family can afford, observers may participate Human Rights and the Red Cross, to make clear that the process was not handled, unless the family determine a private exhumation or any other situation.
MC. - Finally, has received political pressure not to investigate the alleged murder of Neruda? Mk-Until this minute there has been no foreign elements or political pressures, I spoke with all actors involved in the topic with the complainants of the Communist Party, with the immediate family of Pablo Neruda and witnesses Foundation Neruda. As it has reached the point of deciding whether or not the exhumation will be necessary, I think the difference is there: some think that the exhumation is necessary and others say no, but now the gap has not occurred.