De Negri v. Republic of Chile – International Human Rights and Solidarity – CCR Docket 1988-1989

July 2, 1986, was a fateful day for two Chilean teenagers, Carmen Gloria Quintana and Ro­ drigo 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 outskirts 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 CCR, working with a pro bono 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 objected 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 laws.

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