Chile
28.02.03
Urgent Interventions

Chile: transvestites subjected to arbitrary arrests, ill-treatment and beatings

Case CHL 280203
Arbitrary arrests / Ill-treatment / Violation of personal integrity

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Chile.

Brief description of the situation

The International Secretariat of OMCT has been informed by the International Gay and Lesbian Human Rights Commission of the arbitrary arrests, ill-treatment and beatings to which 10 transvestites have been subjected by the police in Chile.

According to the information received, on February 7th, 2003, six transvestite sex workers were arbitrarily arrested and beaten by police officers in Los Andes, Chile. Four different transvestites experienced the same treatment on February 8th, 2003. Police Chief Rodrigo Jonquera has declared to local media that he will "clean up" the city, signalling his intention to expel transvestite sex workers from the streets.

According to the information received, Eduardo Zamora, Miguel Alvarez, Elvis Maldonado, Salvador Villarroel, Juan A. Bally and Claudio, who are all transvestites, were arbitrarily arrested and subjected to beatings and ill treatment by officers from Police Station # 3. On February 7th, 2003, three police vans from Los Andes Police Station # 3 arrived at the corner of Avenida Argentina and Santa Rosa and began beating the persons in question without any warning, then arrested them, without charging them with any crime. They were then taken to the Police Station, where they were forced to undress and were beaten again. According to the complaints that they registered later, police officers subsequently poured cold water on them and forced them to spend the night in their cells, without allowing them to dry or cover themselves. They were released the following morning, having been charged with "offending modesty and good customs". The whole procedure was reportedly approved and supervised by Rodrigo Jonquera, the officer in-charge of the Station.

On February 8th, 2003, four other transvestites, whose identities are currently unavailable, were reportedly beaten and then arrested at the same spot. They were also released the following morning and charged with "offences to modesty and good customs".

Furthermore, the city of Los Andes has reportedly been the stage of at least two murders of trans people that have never been investigated by local police. In August 2002, a transvestite known as "La Wanda" (Hugo Andrés Godoy) was beaten to death by unknown persons. In May 2002, "La Pilar" (Wladimir Ibáñez Carrasco), a 42-year-old transvestite, was found dead in a nearby river.

TravesChile, the organization of which the six arrested transvestites are members, has chapters in Santiago and in other Chilean cities. Due to their work against police harassment, they have been the targets of intimidation more than once. On July 2002, the Santiago chapter of the organization denounced death threats they had received from a Police sergeant and a corporal from Santiago Police Station # 4. Activists managed to record the corporal's plate number (947521 R), but, in spite of the fact that they took their claims to the media and to authorities like the Carabineros (the name of police forces in Chile) Order and Security Department Chief, General Nelson Godoy, the case received no further investigation or resolution. Since June 28, 2002 (Pride Day) TravesChile faced an intense campaign of hate mail and death threats through their electronic mail address, but the police have reportedly refused to investigate. Ms. Silvia Parada, the President of TravesChile Santiago, has filed a petition for investigation with the 9th Santiago Criminal Court, but no investigation has yet been launched.

The International Secretariat of OMCT is gravely concerned by these reports of arbitrary arrests, ill-treatment and beatings of the afore-mentioned transvestite persons in Los Andes, as well as the harassment and threats to which these people are continuing to face throughout Chile. OMCT is also gravely concerned by the lack of investigations into such acts of intimidation and attacks, including the two reported cases of murders of transvestites. OMCT therefore calls upon the authorities to guarantee the physical and psychological integrity of all transvestite persons in Chile, notably in Los Andes in this case, and to ensure that immediate, impartial and effective investigations are launched concerning these grave allegations, in order to bring the perpetrators of these acts to justice.

Action requested

Please write to the authorities in Chile urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of transvestite persons in Los Andes and throughout Chile;
ii. put an immediate end to the persecution and harassment of transvestites;
iii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. guarantee adequate reparation to all injured people;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.

Addresses

· Minister of the Interior José Miguel Insulza Salinas, Ministry of the Interior, Palacio de la Moneda, Santiago, Faxes: + 562 699 2165
· Los Andes Governor, René Canales Paves, Santa Rosa 280, Los Andes, Chile, Fax: (56) 34 42 27 57
· Los Andes City Mayor, Manuel Rivera M., Esmeralda 536, Los Andes, Chile, Fax: (56) 34 42 17 75, extension 158, E-mail: municipalidadlosandes@hotmail.com
· Los Andes Police Chief, Mr. Jorge Alvarez Arancibia, O' Higgins 200, Los Andes, Chile
· Fax: (56) 34 51 00 09 (when somebody answers, please say "Por favor, senial de fax" and you will hear the fax signal afterwards)
· Ambassador Juan Enrique Vega, Rue de Moillebeau 58 (4ème) - CP 332, CH-1211, Genève 19, Suisse, e-mail : mission.chile@ties.itu.int; juan-renrique.vega@ties.itu.int, fax: +4122 734 52 97
· Please send a copy to TravesChile Aconcagua at: traveschilelosandes@hotmail.com

Please also write to the embassies of Chile in your respective country.

Geneva, February 28th, 2003

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.