- English
- Español
IACHR Press and Communication Office
Tel: +1 (202) 370-9000
[email protected]
Washington, D.C. - The Inter-American Commission on Human Rights (IACHR)
announces that on November 21, 2018 the Report No. 138/18, Petition 687-11,
Gabriela Blas Blas and her daughter CBB, Chile was published and welcomes the
progress made by the Chilean State in implementing the agreed reparation
measures.*
On May 15, 2011, the IACHR received a petition denouncing the
international responsibility of the Chilean State for violations of the
rights of Gabriela Blas and her daughter CBB, both members of the indigenous
Aymara community, who resided in the area of the border with Peru. The
petitioners alleged that Gabriela Blas had been sentenced to 10 years'
imprisonment for the murder of her 3-year-old son, based on a confession
obtained under torture. The boy got lost in the mountains while he and
Gabriela did pastoral activities. In denouncing her disappearance to the
authorities, Gabriela Blas was tortured by Carabineros de Chile [Chilean
police] with the direct application of bright light in her eyes, deprivation
of food and water, putting a cable around her neck and threatening her with
electric shocks. She was also deprived of her liberty and subjected to
solitary confinement in a cell for five months and in general held in
preventive detention for three years. Product of the criminal process
violating her rights, Gabriela lost custody of her daughter C.B.B. who was
given for international adoption in an unknown country through an irregular
process.
On 11 June 2016, the parties entered into a friendly settlement agreement
in the framework of a working meeting facilitated by the Commission. On
March 20, 2017, the parties signed an addendum to the friendly settlement
agreement at a working meeting held with the IACHR. In addition, throughout
the friendly settlement process, the parties held four working meetings with
the Commission's facilitation. The friendly settlement agreement contains
the following clauses:
I. Conduct of a public act of recognition of state responsibility for the serious violations of the human rights of Ms. Gabriela Blas Blas, defined jointly with the petitioner.
II. Elimination of criminal records Gabriela Blas Blas.
III. Granting of a Lifetime Grace for Gabriela Blas Blas up to the amount equivalent to two monthly minimum incomes, expressly stating that its granting does not constitute incompatibility to opt and / or receive any other benefit or benefit financed by public funds and to carry out any activity remunerated
IV. Granting of property for Gabriela Blas Blas in the city of Arica, whose location and characteristics are appropriate to her needs, for which it should consult Gabriela Blas Blas about her preferences.
V. Incorporate in the process of adoption of the girl C.B.B. the background information on the processing of the petition before the Commission, as well as post-adoptive information on the girl and take steps to facilitate the reestablishment of the bond with Ms. Gabriela Blas Blas and her family.
VI. Develop a training and national coverage program for members of the Judicial Branch, Public Ministry, Public Criminal Defender, Judicial Assistance Corporation, Chilean Carabineros, Investigation Police, Chilean Gendarmerie and National Children's Service, on Human Rights of Indigenous Women and Access to Justice.
VII. Establish a working group coordinated by the Ministry of Justice and Human Rights to develop a proposal for the formulation of indications to the Draft Law amending the current Law No. 19,620, which establishes rules on adoption of minors, in order to incorporate the principle of inter-culturalism in the processes of adoption.
The Inter-American Commission closely followed the development of the
friendly settlement reached in this case and highly appreciates the efforts
made by both parties during the negotiation of the agreement to reach a
friendly settlement that was compatible with the object and purpose of the
Convention.
In the Report, the IACHR stated that the points related to the act of
recognition of responsibility, the pension for life, the delivery of
housing, and access to the adoption file and adaptation information of the
girl in the receiving country, established in points (1), (3) and (4) and
(5) (a), (c) and (d) respectively, were fully complied with. In addition, it
stated that the clauses of the agreement related to the removal of Gabriela
Blas's criminal record, the inclusion of the homologation report in the
adoption file, and the guarantees of non-repetition, measures contained in
letters b) and e) of point 5 and point 6 of the agreement, respectively,
were partially complied with, and stated that it would continue to monitor
its implementation.
It should be noted that in this case, the Commission noted that the
criminal record elimination measure established in this friendly settlement
agreement is an emblematic measure and has had a structural impact by
allowing the removal of criminal records from other victims of human rights
violations based on the decisions of the organs of the inter-American human
rights system, including friendly settlements.
The Commission welcomes the efforts made by the Chilean State to seek the
resolution of cases before the system through the friendly settlement
mechanism and to construct a public policy for the resolution of disputes
through the alternative route, and at the same time urges it to continue to
deploy actions to resume and promote negotiations with the facilitation of
the IACHR, as well as the fulfillment of the measures agreed in friendly
settlement agreements. On the other hand, the Commission emphasizes and
acknowledges the tireless struggle of Mrs. Gabriela Blas and the petitioners
in this constant effort to redress their rights.
For more information on the friendly settlement procedure, visit this link.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
* On December 13, 2018, this press release was published with an incorrect Report Number. On December 14, 2018, it was changed to reflect the correct number.
No. 264/18