{"id":2810,"date":"2013-07-23T09:10:03","date_gmt":"2013-07-23T14:10:03","guid":{"rendered":"http:\/\/library.brown.edu\/modernlatinamerica\/?page_id=2810"},"modified":"2013-07-23T09:10:03","modified_gmt":"2013-07-23T14:10:03","slug":"document-29-military-decrees-on-seizing-power-augusto-pinochet-1973","status":"publish","type":"page","link":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/chapters\/chapter-10-chile\/primary-documents-w-accompanying-discussion-questions\/document-29-military-decrees-on-seizing-power-augusto-pinochet-1973\/","title":{"rendered":"Document #29: \u201cMilitary Decrees on Seizing Power,\u201d Augusto Pinochet (1973)"},"content":{"rendered":"
\"Members<\/a>

Members of the Military Junta with Augusto Pinochet<\/p><\/div>\n

Junta Government of the Republic of Chile<\/strong>
\nMinistry of Defense<\/strong>
\nSub-secretary of War<\/strong><\/p>\n

Law Decree No. 1 – Santiago, Chile. 11 September 1973<\/span><\/p>\n

The Commander-in-chief of the Army, General of the Army Augusto Pinochet Ugarte: the Commander-in-chief General of the Navy, Admiral Jos\u00e9 Toribio Merino Castro; the Commander-in-chief of the Air Forces, General of the Air Forces Gustavo Leigh Guzm\u00e1n and the Director of Police Forces, General C\u00e9sar Mendoza Dur\u00e1n, agreed on this date on<\/p>\n

Considerations:<\/p>\n

1)\u00a0The Public Forces constitutionally formed by the Army, the Navy, The Air Forces and the Police Forces represents the organization that the State has given for protection and defense of the physical and moral integrity and the historical-cultural identity:<\/p>\n

2)\u00a0The consequent of supreme mission is to assure by previous consideration, the survivorship of the mentioned concepts and values which are superior and permanent of the Chilean nationality, and,<\/p>\n

3)\u00a0the country finds a process of systematic destruction and integral from these constitutive elements, by the effect of dogmatic and justified ideology inspired by the principles of Marxism-Leninism; agreed the immediate fulfillment that imposes the defenders of the State, as following<\/p>\n

Decree Law:<\/p>\n

1)\u00a0On this date the Junta Government is formed, assuming the Supreme Order of the Nation, with the patriotic compromise of restoring the country, the damaged justice and the institutionalization, as the only form to follow the national traditions, from the founders of the motherland and the History of Chile, by permitting the evolution and progress of the country that vigorously direct the dynamic path of the contemporary Chile forming part of the international community.<\/p>\n

2)\u00a0Designs the General of the Armed Forces, Augusto Pinochet Ugarte as the President of the Junta who takes over the responsibility on this date.<\/p>\n

3)\u00a0Declares Junta, in practicing its mission, shall guarantee the plain effectiveness of the Judiciary attributions and respect the Constitution and the Laws of the Republic, in so that the actual situation of the country permits the best fulfillment of the principles proposed.<\/p>\n

Register in the General Auditory of the Republic, published in the Diario Oficial and inserted in the Official newsletters of the Army, the Navy, Air Forces, the Police Forces and Investigations and Official Collections the Auditory.<\/p>\n

THE JUNTA GOVERNMENT OF THE REPUBLIC OF CHILE. AUGUSTO PINOCHET UGARTE, General of the Armed Forces, Commander-in-Chief of the Army. \u2014 JOSE T.MERINO CASTRO, Admiral, Commander-in-Chief of the Navy \u2014 GUSTAVO LEIGH GUZMAN, General of the Air Forces, Commander-in-Chief of the Air Forces \u2014 CESAR MENDOZA DURAN, General, General Director of Police Forces.<\/p>\n

 <\/p>\n

Decree Law No. 3 – Santiago, Chile. 11 September 1973<\/span><\/p>\n

Declaration of State of Siege<\/p>\n

Approved: a) The situation of interior upheaval that the country is facing, b) The stipulation of Article 72 N 17 of Constitutional Policy of the State and of the Book I, Item III of the Military Justice Code, the Junta Government of Republic of Chile has agreed to apply the following decree law:<\/p>\n

Single Article \u2014 Declare, from this moment on, the State of Siege in all the territory of the Republic, the Junta to assume the qualifying responsibility of the General of the Forces that shall operate in the emergency.<\/p>\n

Register in the Auditor General of the Republic, publishing in the Diario Oficial and inserting in the official newsletters of the Army. The Navy, Air Forces, The Police Forces, Investigations and the Official Collections of the Auditory. \u2014 AUGUSTO PINOCHET UGARTE, General of the Army, Commander-in-chief of the Army, JOSE T.MERINO CASTRO, Admiral, Commander-in-chief of the Navy. \u2014 GUSTAVO LEIGH GUZMAN, General of the Air Forces, Commander-in-chief of the Air Forces of Chile. \u2014 CESAR MENDOZA DURAN, General, Director General of the Police Forces.<\/p>\n

 <\/p>\n

Decree Law No. 5 – Santiago, Chile. 12 September 1973<\/span><\/p>\n

The provisions of the Decree Laws No. 1 and 3 of 11 September 1973, and Considering:<\/p>\n

a) The situation of internal disturbance that our country finds itself in;<\/p>\n

b) The need to suppress in the most dramatic way possible the actions that are being committed against the physical integrity of the personnel of the Armed Forces, Police, and the general population;<\/p>\n

c) The desirability of providing the current circumstance with greater discretion of Military Tribunals in the repression of some of the crimes against the law\u00a0N9 17.798 on the Control of Arms, vested in their gravity and the frequency of their occurrence;<\/p>\n

d) The necessity to rigorously prevent and punish with greatest expedition the crimes that disturb interior security, public order and the normality of national activities:<\/p>\n

The Junta Government is in accordance and dictates the following Decree Law:<\/p>\n

Article 1 – Declares, interpreting article 418 of the Code of Military Justice, that the state of siege decreed by internal turmoil, in the circumstances that the country should be understood as in a “state of war” for purposes of the application of the penalty of that time established in the Code of Military Justice and other criminal laws and, in general, for all other purposes of this legislation.<\/p>\n

Article 2 – Hereby, added to the Article 281 of the Code of Military Justice the following paragraph: “When safety of those under attacked so requires that the perpetrators may be killed on the spot”.<\/p>\n

[…]<\/p>\n

 <\/p>\n

[Student translation<\/em>]<\/p>\n

 <\/p>\n

Source:
\n<\/span>http:\/\/www.derechoschile.com\/Areastematicas\/legal\/dlgolpehtml\/indexdlesp_1.html<\/p>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Junta Government of the Republic of Chile Ministry of Defense Sub-secretary of War Law Decree No. 1 – Santiago, Chile. 11 September 1973 The Commander-in-chief of the Army, General of the Army Augusto Pinochet Ugarte: the Commander-in-chief General of the … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":37,"featured_media":0,"parent":2246,"menu_order":2,"comment_status":"closed","ping_status":"closed","template":"sidebar-page.php","meta":{"footnotes":""},"class_list":["post-2810","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/pages\/2810","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/users\/37"}],"replies":[{"embeddable":true,"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/comments?post=2810"}],"version-history":[{"count":0,"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/pages\/2810\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/pages\/2246"}],"wp:attachment":[{"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/media?parent=2810"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}