Los Quemados: Chile’s Pinochet Covered up Human Rights Atrocity

Washington D.C., July 31, 2015 – General Augusto Pinochet refused to accept a police report identifying his own military as responsible for burning two teenage protesters alive in July 1986, according to declassified U.S. documents posted today by the National Security Archive. Pinochet’s action initiated a high-level cover-up of the infamous human rights atrocity known as the case of «Los Quemados» – the burned ones – which killed 19-year old Rodrigo Rojas de Negri and severely disfigured 18-year old Carmen Gloria Quintana.

The cover-up, which lasted almost three decades, included kidnapping and intimidation of witnesses and pressure on Chilean judges and lawyers, according to top secret White House, CIA and Defense Department records.

Yesterday, a Chilean judge ordered the arrest of an Army officer and four members of his patrol, in addition to seven others detained last week, for dousing Rojas and Quintana with a flammable liquid, setting them on fire and dumping them in a ditch to die, following a street protest against military rule on July 2, 1986. Both initially survived; but Rojas, sequestered by the military in a clinic with inadequate facilities, died from burns over 60 percent of his body four days later.

Only five days after Rojas died, according to a detailed State Department cable, General Rodolfo Stange, chief of the Chilean police and also a member of Pinochet’s ruling junta, presented him with an investigative report identifying the army units responsible for the atrocity. «President Pinochet told General Stange that he did not believe the report, and he refused to receive the report,» according to the declassified cable.

Stange subsequently provided the report to one of Pinochet’s deputies, Army vice-commander Santiago Sinclair, who promised an investigation «within 48 hours.» Instead of acting on the report, however, Sinclair oversaw intense efforts to silence witnesses and bury evidence, according to a soldier who recently broke his years of silence..

«One eyewitness was briefly kidnapped, blindfolded, and threatened if he did not change his testimony,» the U.S. Defense Intelligence Agency reported in an intelligence assessment classified TOP SECRET RUFF UMBRA. «Some members of the government will quite likely continue to intimidate the witnesses in order to persuade them to change their testimony, thereby clearing the military.» According to a heavily censored CIA intelligence report, titled «Government of Chile Pressure to Drop Investigation and Prosecution of Rojas Case,» regime officials intimidated judges and lawyers and intervened to stall legal efforts in the courts to bring those responsible to justice.

The case of Los Quemados received significant attention in the United States because Rojas was a resident of Washington D.C., where he lived with his exiled mother, Veronica de Negri. President Ronald Reagan received a secret briefing paper on the atrocity, which stated that Chile’s own intelligence service «has fingered Army personnel as clearly involved.» The murder of Rojas «drove the final wedge between Washington and the Pinochet regime,» according to The Pinochet File, written by National Security Archive analyst Peter Kornbluh, and contributed to Reagan’s decision to withdraw support for the regime and press for a return to civilian rule.

According to Kornbluh, who obtained the Rojas documents for his book, the U.S. records could bolster the testimony of witnesses in Chile and provide evidence in the upcoming prosecution. «Carmen Quintana and Rodrigo Rojas, who I watched grow up in Washington, deserve legal and historical justice,» he noted. «The declassified U.S. records can advance both international memory of the victims and, after so many years, legal accountability for the atrocity committed against them.»

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Court Rejects Chiquita’s Bid to Hide Terror Payment Records

Washington, D.C., July 17, 2015 – In an important victory for transparency and corporate accountability, a federal appeals court in Washington, D.C., has ruled that the U.S. Securities and Exchange Commission (SEC) should release to the National Security Archive some 9,257 pages of records produced by Chiquita Brands International to the SEC as part of an investigation of the company’s illegal payments to a Colombian terrorist organization, the United Self-Defense Forces of Colombia (AUC), a group responsible for egregious acts of violence during Colombia’s civil war.

The National Security Archive is a non-governmental, pro-transparency organization and leading nonprofit user of the Freedom of Information Act (FOIA) located at The George Washington University in Washington, D.C.

Chiquita had argued that release of the records under FOIA would deny it a fair trial in a Florida case brought on behalf of the AUC’s victims. Today, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously rejected Chiquita’s argument, writing that, «Neither the [Securities and Exchange] Commission nor the district court hearing this reverse-FOIA action thought release would deprive Chiquita of a fair trial. We agree with them.»

«The court of appeals’ decision is an important victory for FOIA requesters and the public,» said Adina Rosenbaum, the Public Citizen attorney who represented the National Security Archive in the appeal. «The decision confirms that the government cannot withhold documents from the public just because they might be of interest to someone involved in litigation. A ruling for Chiquita would have created a huge exemption to the FOIA law, with far-reaching implications. The court did the right thing by rejecting Chiquita’s argument that these records are exempt from disclosure.»

The case began in November 2008, when the Archive filed a pair of FOIA requests with the SEC asking for records relating to SEC and Justice Department investigations of Chiquita’s Colombian subsidiary, Banadex, for violations including the illegal AUC payments. In 2007, Chiquita had pled guilty to charges of «engaging in unauthorized transactions» with the AUC, which was designated a global terrorist organization by the U.S. State Department in 2001.

The D.C. Circuit decision in the FOIA case clears the way for the release of 9,257 pages that Chiquita identified as the most sensitive records that it turned over to the SEC during the course of the investigations.

In April 2011, the Archive published some 5,500 pages of Chiquita’s records released by the Department of Justice in response to similar FOIA requests. Those records revealed that Chiquita benefitted from its transactions with both AUC «paramilitary» groups and insurgents from the FARC and ELN guerrilla groups. The records call into question the Justice Department’s determination, spelled out in the 2007 plea deal, that there was no evidence of a quid pro quo with the illegal groups.
«More than eight years ago, Chiquita became the first U.S. company to be convicted for engaging in transactions with a global terrorist organization,» said Michael Evans, senior analyst at the National Security Archive. «Finally the victims of AUC violence and the general public will get a look at what might be the most important document collection ever assembled on corporate ties to terrorism.»

THE NATIONAL SECURITY ARCHIVE is an independent non-governmental research institute and library located at The George Washington University in Washington, D.C.