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Patricia Woodward's letter to the President of the Council of Ministers,
European Union
May 15, 2003
Rt. Hon. George Papandreou, President
Council of Ministers of the European Union
Academias, 1
10671 Athens,
GREECE
Dear Mr. President,
In relation to the Agreement establishing an association between the European
Community and the Republic of Chile, I would like to draw your attention to the
human rights policy of the Government of that country in the matter of the
training ship Esmeralda. This ship, which was the scene of torture and
assasination by agents of the State at the time of the military coup in
September 1973 will be visiting ports in France, Germany, Spain and the United
Kingdom in the course of this summer (the visits to two other countries, Sweden
and Holland have been cancelled after protests).
The crimes committed on the Esmeralda were recognised by the Chilean National
Commission of Truth and Reconciliation in 1991 but subsequently denied by the
naval authorities. The present Chilean government, as shown in the information
which I attach, has connived with the naval authorities in this matter, failed
to honour its obligations under the terms of the Chilean Code of Criminal
Procedure, and obstructed the due process of law. It has, moreover, failed to
comply with its obligations under the Inter-American Conventions on Human
Rights, the UN Convention against Torture and the International Covenant on
Civil and Political Rights - all of which require that prompt and effective
investigations be carried out. The government is also in contempt of two
criminal law suits, open in Chile and Spain, which relate to Fr. Michael
Woodward, a priest of dual nationality - British and Chilean - who was tortured
and murdered on the Esmeralda.
I am the sister of Michael Woodward and filed the law suit (Auto No. 1 891-01)
in the Courts of Valparaiso in January 2002. Its charges, which include genocide
(for religious reasons), state terrorism, kidnapping, torture and murder, are
now under investigation. In addition, the case of Michael Woodward is included
in the 1998 pre-trial Summary 19/97 of the Spanish Judge Baltasar Garzón,
related to the detention of Augusto Pinochet.
The forthcoming official visit of the Esmeralda to European ports represents an
affront to all the victims and relatives of victims who suffered on that ship
and who now live in Europe. It is aggravated by the fact that the visit takes
place in the context of a tender for the construction of three frigates for the
Chilean Navy in which some of the host countries have announced their intention
of presenting a bid.
I believe this visit, and the events which preceded it, are in breach of the
following articles of the Association Agreement as recently approved by the
European Community, subject to ratification by the Parliaments of member states:
Article 1: Principles
1.Respect for democratic principles and fundamental human rights as laid down in
the Universal Declaration of Human Rights and for the principle of the rule of
law underpins the internal and international policies of the Parties and
constitutes an essential element of this Agreement
Article 12: Objectives
2.The main objective of the political dialogue between the Parties is the
promotion, dissemination, further development and common defence of democratic
values, such as the respect for human rights, the freedom of the individual and
the principles of the rule of law as the foundation of a democratic society.
Article 16: General Objectives
1.The Parties shall establish close cooperation aimed inter alia at:
strengthening the institutional capacity to underpin democracy, the rule of law
and respect for human rights and fundamental freedoms
It is noteworthy that the Agreement represents an association between a
Community for whom the protection of human rights is paramount and a country
whose transition to democracy, after a period of brutal repression, has been
marked by expediency and political compromise. It cannot be allowed to serve as
a vehicle of commercial advantage, particularly when linked to the arms trade.
It is for these reasons that I am drawing to your attention my complaint of
human rights violations that continue to be perpetrated by the Government of
Chile. In the context of the Association Agreement, I would request that you
take appropriate actions. I hope these will include advising the Governments and
Parliaments of the relevant EU member states of my communication, thereby
enabling them to reconsider the proposed ratification of the Agreement in the
light of this complaint. I hope also that they will use the mechanisms of the
Association Agreement to urge the Chilean Government to amend theiir present
human rights policy, actions and procedures.
In addition, I would like to draw to your attention the Resolution of the United
States Congress of June 16th 1986 expressing its deep regret at the invitation
extended for a visit to New York by the Esmeralda. I hope that the European
Council of Ministers will consider the possibility of urging the European
Parliament to pass a similar resolution.
Yours sincerely,
Patricia Woodward Bennetts
Appendix: "The Esmeralda - Crime and
Impunity"
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