De Negri v. Republic of Chile – International Human Rights and Solidarity – CCR Docket 1989-1990

July 2, 1986, was a fateful day for two Chilean teenagers, Carmen Gloria Quintana and Rodrigo Rojas de Negri. De Negri, who had spent most of his life in exile in Washington, D.C., had returned to Santiago as a free-lance photographer. He and Quin­tana, a Santiago resident, were stopped by a military patrol which allegedly suspected them of planning to participate in a demon­stration. They were brutally beaten, set on fire, dumped in the back of a truck, and left in a ditch on the outskirt s of the city. De Negri died four days later. Quintana under­ went treatment at a Montreal hospital for burns which disfigured her entire body.

In November 1986 the CCR, working with a pro bona team of lawyers from Cadwal­ader, Wickersham & Taft, brought suit in federal court in Washington, D.C., on behalf of de Negri’s mother and Quintana and her parents, charging the government of Chile and its armed forces with torture, summary execution, and cruel and inhumane treatment in violation of international, U.S., and Chilean law.

The Chilean government is objecting to jurisdiction on a number of grounds, includ­ing sovereign immunity. The plaintiffs, rely­ing in part on a precedent in the same court, are arguing that sovereign immunity does not apply in cases of gross violations of universal principles of international human rights law.

Defendants moved to dismiss on the basis of the Supreme Court’s decision in Amerada Hess, which held that violations of interna­tional law do not override the Foreign Sover­eign Immunities Act. The CCR is preparing a response arguing that this should not apply to gross human rights violations.

Peter Weiss, Michael Ratner, with Donald Glascoff, Douglas Donoho. Amy Griffin, and Majorie Appel