Truth, Justice, Reparation and Memory Process in Chile

The Chilean Case• The Human Rights violations took place during the 17 years of dictatorship

1973-1990

• A month after the beginning of the dictatorship, the 1st organization in defense of Human Rights is created, some others will follow.

• Victims are organized, often under the umbrella of Human Rights Organizations.

• Human Rights are the meeting point for opponents to the dictatorship and of the alternative political project.

• As time goes by and democracy consolidates, the weight of the Human Rights violations issue and the role of their Organizations is reduced.

The Process of Truth• Since 1990, through various legal and administrative procedures, a series of

reparation measures were implemented. Material, symbolic, preventive measures, as well as, the creation of Institutions to promote respect for Human Rights.

• The National Commission for Truth and Reconciliation, and its follower The National Corporation of Reparation and Reconciliation composed of people representing different views. Both scored 3.195 cases of Missing Detainees, Political Executed and Political Violence victims.

• The Commission on Political Prisoners and Torture individualized 28.459 victims, who suffered imprisonment and torture during 1973 - 1990.

• Dialogue Table in order to obtain, from the Armed Forces and the Police, information leading to the whereabouts of the disappeared prisoners.

• Now a days there is a new period of the Commission of Truth and Political Imprisonment.

The Process of Justice in Democracy

• Government program of legal assistance for missing detainees cases, remain active up to today. In the last years is extended to Political Executed victims.

• With few exception, impunity continues until 2000. Up to today, 1978 amnesty law is valid.

• Since 2000, the Courts move forward in investigations about missing detainees. Detention of Pinochet in London and the appointment of judges with exclusive dedication to this matter, as a result of the Dialogue Table. Year 2010, State officials tried and convicted: 292 for 1.130 victims. Low sentences according to victims expectations.

• On torture reports, with some exceptions, there is no justice.

The Search of the Final Fate of the Missing Detainees

• From 1990 to 2006, over 200 remains of victims were found; identification with lack of technical resources.

• In 2006, identification errors are confirmed.• With the participation of victims and victims families, the installation of

an International Standard Identification System begins. Forensic Scientific support, expert panels, hiring of technicians and International Genetic Laboratories.

• Progress in misidentifications and pending identifications. The condition of the remains makes the process difficult, few identifications, high costs and longer time than planned.

CALAMA. Atacama Desert Operation TV Removal

INDIVIDUAL REPARATIONMissing Detainees and Political Executions• Reparation Act in 1992, having some extensions in 2004. The content and

form was agreed with the AFDD Group (Association of Missing Detainees Families), who did not accept a compensatory amount for fear of impunity. A monthly paid annuity Reparation Pension, education for their children, health. The Report, amongst other things, recommends of dignifying gestures to the victims, such as memorials.

Political Prisoners and Torture Victims• Reparation Act 2004, having extensions in 2009. Monthly paid annuity

Reparation Pension, education and health. The Report recommends to strengthen the institutional dimension of Human Rights, Institute, approval of agreements.

Other Reparations Freedom for Political Prisoners in 1990,supporting the return of political

exiled people, pension benefits for political exonerated people.

Symbolic Reparation

• Building Memorials, in order to point out the tragedy places, and building sites of mourning and remembrances of the victims. Currently there are 180 National Memorials.

• Protection and safeguarding of premises used for detention or disappearance during the military dictatorship (1973-1990). There are 13 of these premises.

Memorials

Calama Memorial

Nattino, Parada, Guerrero Memorial

Paine Memorial

Memory and Human Rights Museum

• Its conceptual basis are the Reports of the Truth Commissions• It is a Presidential decision • Demands from organizations of victims of gestures of memories,

detention places and others, and from Human Rights Organizations for the safeguarding and preservation of archives.

• A governmental commission is created to elaborate the project• It is inaugurated in 2010, but the project starts in 2007• The building has more than 5.000 m2 and a Memory Square of 8.000 m2.• Permanent exhibition about Human Right violations in dictatorships. • Exhibition rooms, educational, auditorium, Center of documentation and

archive.

The Infrastructure• Transfer of State-owned land in Cultural hub of Capital Center (2007)• National and International Public Tender for the Design of the Museum

(May 2007)• 56 projects – Brazilian project wins (Sept 2007)• 1 year for the building process• Public Tender for building (Sept 2008)• Beginning of the construction (Dec 2008 for 12 months)• Building cost about 20 million USD

Institutional Framework for the Process of Implementation

• A Foundation is created, with State and H.H.R.R Organizations participating:

- Building Patrimony gathering Collections - Elaborating the museum exhibition script - Public perception studies and interviews with

actors (H.H.R.R., history, museology) 2007 - Defining and installing museology: Permanent

Exhibition; advisory committee, specialized external company 2008-2009

Archive Collection and Documentation CenterCollections• It is the Museum Patrimony • Expressing the dignity of the victims, as well as, the defense and denouncing.• Association with Human Rights Organizations• Collection of Objects and Documental Files. Written testimonies from the time, legal,

photographical, audiovisual, radio, reports • Donors: 419 privates and 128 institutional• Collections: 1.173 objects and 94.946 documental files• Awareness and Education strategies • Recorded and kept by International regulations.Archive and Documentation Center• Aims to be the Referential Center of H.H.R.R. and to contribute to awareness and studies. • Investigation and divulgation of H.H.R.R.• Digital Library 17.528 visits • Specialized Library 1.485 visits

Education

• Strengthen the Museum as an education resource addressed to its distinctive audiences, with special emphasis on young and children.

• Promote and foster reflection on Human Rights and their importance for democratic peaceful coexistence.

• To trigger reflection, discussion, values strengthening as well as criteria building on Human Rights.

Museum Mission

• The Museum Mission is to show the systematic H.H.R.R. violations made by the Chilean Government between 1973 and 1990, so that, through the ethical reflection of Memory, the solidarity and importance of these rights, the national will can be stregthen to Never Again repeat events that affect the dignity of the human being.

Front Entrance of the Museum

Interior of the Museum

Audiences • Open on the 11th January 2010, closing from the

28th of February to the 15th of August due to the Earthquake.

• Visits on 2010: 103.524• Guided Visits: 450 for 13.937 visitors, 9.441 of them

being school children. • Documentation Center: 1.485 presential• Digital Library: 17.528• Other activities: • Temporary Exhibitions, cinema cycles, theatre,

forums, conferences and other cultural activities.

Conclusions • Repairing painful wounds from the past, is not easy. Those who suffered

imprisonment, torture, detention and disappearances or the execution of their loved ones, can hardly be compensated. Their pain must be acknowledge, and doing so means taking charge of their legitimate aspirations of truth, justice and reparation.

• This implies that the crimes committed are not hidden, that the society that once denied them, can now recognize them. That the people responsible for the violations take charge of what they did, and that society, as a whole, makes a commitment to respect Human Rights.

• A very important part of the Repairing Process, is to learn from these events

and draw conclusions that go beyond of what happened, beyond us and they will be useful for generations to come to build a more just and fraternal society. Thus, these Human Right policies look to the future without ignoring the past and taking charge of it.

• We want to take charge of our past and move forward with truth, justice and repair. Taking charge of the past will strengthen democracy.