·1 PAGE 01 ACTION ARA-14 INFO SANTIA 06818 e 0liltU 1 1 ' 01 ilF 02 191801Z OCT-01 IS0-00 I0-13 D IA-02 CIAE-00 DODE-OD PM-05 H-01 INR-07 L-03 NSAE-00 NSC-05 PA-01 PRS-01 SP-02 SS-15 USIA-06 SCA-'01 AID-05 IGA-02 ACDA-07 TRSE-00 0-91 W MR ii i y AG -----------------104246 TO SECSTATE WASHDC PRIORI-TY 6134 INFO AMEMBASSY ASUNCION AMEMBASSY BRASILIA AMEMBASSY LA PAZ AMEMBASSY LIMA AMEMBASSY MONTEV IDEO AMEMBASSY BUENOS AIRES 191931Z 44 i Chile Project #S199900006 · l - - Department of State V· eel S Release_Excise_Deny A D ass Exemption s _ _ _ _ _ _ _ _ _ __ SECTION 1 OF 2 SANTIAGO 6818 E O 11652 GDS TAGS SHUM PINT PGOV CI SUBJECT THE DINA CNI TRANSFORMATION REF A SANTI-AGO 6642 B SANTIAGO 6664 1 SUMMARY THE LAW CREATING THE NATIONAL INFORMATION CENTER CNI DELETES FROM ITS CHARTER THE BLANKET ARREST AND DETENTION AUTHORITY OF ITS PREDECESSOR NATIONAL INTELLIGENCE DIRECTORATE DINA AND PLACES CNI MORE CLEARLY WITHIN THE MINISTRY OF INTERIOR IT DOES HAVE A LOOPHOLE GIVING CNI CERTAIN DETENTION POWERS UNDER THE ARMS CONTROL ACT AND IN OUR JUDGMENT DOES NOT ESTABLISH THE CNI'S ORGANIZATIONAL POSITION AND RESPONSIBILITIES CLEARLY ENOUGH TO ENSURE THAT IT WILL BE MERELY AN INTELLIGENCE COLLECTION AGENCY IN MOST OTHER RESPECTS THE FUNCTIONS AND THE LANGUAGE OF THE DECREES ESTABLISHING DINA IN 1974 AND NOW CNI PAGE 02 SANTI-A 06818 01 OP 02 191801Z ARE ALMOST IDENTICAL WHETHER THE GOC INTENDS FUNDAMENTALLY TO CHANGE ITS INTERNAL SECURITY MODUS OPERANDI DEPENDS LESS ON THE LEGAL FRAMEWORK DECREES CAN BE IGNORED THAN ON A VARIETY OF FACTORS SUCH AS EVENTS IN CHILE DECISIONS BY PRESIDENT PINOCHET FORCES AT WORK WITHIN THE GOC AND THE EXTERNAL ENVIRONMENT THE DECREES ABOLISHING DINA AND ESTABLISHING THE CNI ARE PROBABLY BEST SEEN AS ANOTHER INDICATOR THAT THE FACTORS IN PLAY ARE FORCING A CURTAILMENT HOWEVER CAUTIOUS OF THE SECURITY SERVICES END SUMMARY Page - 1 UNClASSIFIEu DETENTION AUTHORITY ARTICLE 10 OF DECREE L Z W 521 WHICH CONVERTED DINA FROM AN INTELLIGENCE COORDINATING COMMITTEE INTO A FULL FLEDGED ORGANIZATION SAID THAT THE JUNTA COULD AUTHC ·E-DINA TO CONDUCT SEARCHES AND _ARRESTS ARTICJ _- 9'--11 OF DL 521 WERE PRINTED IN A LIMITED I E SECRET EDITION OF THE OFFICIAL GAZETTE ON SE TEMBER 26 1974 NO COMPARABLE ARTICLE APPEARS IN DL 1878 ON THE OTHER HAND ARTICLE 8 OF BO'I'H LAWS REFERS TO THE ARMS CONTROL ACT OF 1974 17 798 ENABLING DINA CNI TO BE USED IN ARMS CONTROL OPERATIONS IN TURN THE SPECIFIC PROVISION OF THE ARMS ACT REFERS TO THE PENAL PROCEDURES CODE AND PERMITS THE MILITARY SERVICES AND CNI TO CONDUCT SEARCHES TAP PHONES AND TO DETAIN PERSONS IF AUTHORIZED BY A MILITARY JUDGE p •- ' _ 3 SINCE THE AR J S CONTROL ACT HAS SERVED TO LEGALIZE MANY OF THE POLITICAL SECURITY ACTIONS TAKEN IN THE PAST THIS PROVISION OF THE NEW DECREE CAUSES CONCERN AMONG GOC CRITICS A KNOWLEDGEABLE GOC EXPERT IN A PRIVATE CONVERSA- PAGE 03 SANTIA 06818 01 OF 02 191801Z TION WITH EMBOFFS INSISTED HOWEVER THAT THE REQUIREMENT FOR WARRANTS--EVEN THOUGH ISSUED BY A MILITARY JUDGE--WOULD SERVE AS AN EFFECTIVE RESTRAINT ON CNI'S ACTIONS IN THIS AREA 4 THE NEW DECREE - JUST LIKE THE OLD ONE INSTRUCTS THE DIRECTOR OF CNI TO PREPARE A CLASSIFIED INTERNAL REGULATION CRITICS FEAR THAT SUCH A REGULATION MIGHT INCLUDE DETENTION AUTHORITY IF SO IT WOULD BE COMPLETELY ILLEGAL IN CHILEAN JURISPRUDENCE WE DO NOT THINK SUCH A SUBTERFUGE IS IN THE WORKS 5 ORIGANIZATIONAL RELATIONSHIPS IT WILL BE RECALLED THAT DL 521 MADE DINA DIRECTLY RESPONSIBLE TO THE FOUR-MAN GOVERNING JUNTA IN PRACTICE OF COURSE ITS DIRECTOR COL MANUEL CONTRERAS ESTABLISHED AN INTIMATE RELATIONSHIP WITH PRESIDENT PINOCHET THIS HAS IN A SENSE NOW BEEN RATIFIED THE NEW DECREE HAS CNI REPORTING TO THE SUPREME GOVERNMENT WHICH OUR GOC LEGAL EXPERT SAYS IS TO BE INTERPRETED NARROWLY AND MEANS THE PRESIDENT RATHER THAN TO THE JUNTA WHEREAS WITH DINA THERE WAS AN ADMINISTRATIVE PRO-FORMA LINK WITH THE INTERIOR MINISTRY FOR EXAMPLE REQUESTS TO DINA Page - a H C ASS F Eil NNN • t r-t' ' iJ PAGE 01 ACTION ARA-14 SANTIA 06818 02 OF 02 191923Z OCT-01 ISO-00 IO-13 DHA-02 CIAE oo - DODE-00 PM-05 H-01 INR-07 L-03 NSAE-00 -NSC-05 PA-01 PRS-01 SP-02 SS-15 USIA-06 SCA-01 AID-OS_ IGA-02 ACDA-07 TRSE-00 091 W ------------------105554 l91931Z 43 PR 19l530Z AUG 77 FM AMEMBASSY SANTIAGO TO SECSTATE WASHDC PRIORITY 6135 INFO AMEMBASSY ASUNCION AMEMBASSY BRASILIA AMEMBASSY LA PAZ AMEMBASSY LIMA AMEMBASSY BUENOS AIRES INFO SECTION 2·OF 2 SANTIAGO 6818 FOR INFORMATION WENT TO INTERIOR AND WHEN ANSWERED CAME BACK ON INTERIOR MINISTRY STATIONARY THE CNI DECREE SEEMS TO ESTABLISH A SOMEWHAT MORE FORMAL ORGANIZATIONAL RELATIONSHIP SE VINCULA WHICH MEANS WE ARE TOLD THAT CNI'S ORDERS WILL COME TO IT THROUGH THE MINISTRY AS WELL 6 HOWEVER THE GOC STILL HAS NOT RESOLVED THE DILEMMA OF POSITIONING A MILITARY ORGANIZATION WHIN THE CIVILIAN BUREAUCRACY CNI JUST LIKE DINA IS TO BE A SPECIALIZED MILITARY ORGANIZATION UNLIKE DINA CNI IS AN INTEGRAL PART OF THE NATIONAL DEFENSE ITS PERSONNEL MILITARY AND CIVILIAN ARE SUBJECT TO MILITARY JUSTICE AND ITS DIRECTOR CANNOT BE SUBPOENAED TO APPEAR EEFORE A CIVILIAN COURT ALTHOUGH HE MUST GIVE A WRITTEN DEPOSITION ON REQUEST CRITICS SAY THIS INSULATION OF CNI FROM THE CIVILIAN JUDICIARY VITIATES EFFECTIVE CONTROL OVER THE ORGANIZATION THERE MAY BE ANOTHER PAGE 02 -SANTIA 06818 02 OF 02 l91923Z SIDE HOWEVER 7 IN PRACTICE DINA EMPLOYEES WERE NOT CALLED TO ACCOUNT BEFORE ANY BAR OF JUSTICE--MILITARY OR CIVIL OUR PRO-GOVERNMENT EXPERT HIMSELF A MILITARY JUDGE IN THE PAST SAYS THAT MILITARY JUSTICE IS SURER AND Page - 3 U Cl SS F Ell STRICTER THl' N CIVILIAN REFERRING TO A MILITARY JUDGE'S FINDING THAT DINA HAD LIED TO THE COURT IN ORDER TO JUSTIFY ITS ATTACK ON THE HOUSE HIDING SHEILA CASSIDY IN 1975 SEE SANTIAGO 5683 HE SAID A CIVILIAN COURT WOULD NOT HAVE DARED TO MAKE THE SAME RULING THERE MAY BE SOME TRUTH TO THIS ASSERTION ' 8 WHO WILL HEAD CNI WE HAVE NO GOOD INDICATION AS YET THAT CONTRERAS WILL BE REPLACED AS HEAD OF THE NEW ORGANIZATION HOWEVER THE NEW DECREE MAKE POSSIBLE THE APPOINTMENT OF A CARABINERO OFFICER - SOMETHING THE DINA DECREE DID NOT OUR LEGAL EXPERT SPONTANEOUSLY MADE MUCH OF THIS POINT SUGGESTING THAT SK WOULD HELP BRIDGE THE GAP BETWEEN THE MILITARY'S INTERNAL SECURITY ROLE AND THE POLITICAL POLICE ROLE OF THE INTERIOR MINISTRY THIS MAY BE A HINT OF GOC PLANS TO HAVE A CARABINERO RUN CNI 9 SCOPE OF OPERATIONS THE TV'JO DECREES ASSIGN THE RESPECTIVE ORGANIZATIONS VERY SIMILAR FUNCTIONS WHEREAS DINA WAS TO PRODUCE INTELLIGENCE BEARING ON NATIONAL SECURITY AND DEVELOPMENT OF THE COUNTRY I E THE ECONOMY CNI IS TO BRING TOGETHER INTELLIGENCE BEARING ON NATIONAL SECURITY AND THE I N G OF NATIONAL ACTIVITY AND MAINTENANCE PAGE 03 SANTIA 06818 02 OF 02 ''1 91923Z OF THE INSTITUTIONAL ORDER WHILE ECONOMIC AFFAIRS SEEM TO HAVE BEEN DROPPED THE FUZZY CURRENT DESCRIPTION APPEARS EVEN BORADER WHETHER THERE IS A DIFFERENCE BETWEEN BRINGING TOGETHER AND PRODUCING INTELLIGENCE AS SPECULATED BY THE LOCAL PRESS DOES NOT STRIKE US AS VERY IMPORTANT 10 FOR THE REST THE TWO DECREES ARE STRIKINGLY SIMILAR LEST ANYONE NOT RECOGNIZE THE SIMILARITIES THE CHRISTIAN DEMOCRATS HAVE BEGUN CIRCULATING A FLYER LAYING BOTH DECREES SIDE BY SIDE THERE IS AN ARTICLE BY ARTICLE CORRESPONDENCE EXTENDING EVEN TO THE SECRET ARTICLES OF 521 WITH THE NOTABLE EXCEPTION OF THE ARREST AND DETENTION PROVISION 1 COMMENT THE GOC CANNOT HELP BUT RECOGNIZE THAT IT MUST PERSUADE ITS SKEPTICAL FRIENDS OF ITS SINCERITY IN DISSOLVING DINA AS THE GOC STATED IN MAKING ITS ANNOUNCEMENT DINA HAD COMPLETED THE DELICATE MISSION SET FOR IT SHOULD THIS REFORM PROVE TO BE NO MORE THAN A CHANGE IN NAME THE GOC WILL STAND TO LOSE IRREPARABLY THE OUTCRY IN RESPONSE TO DINA'S BRIEF RECIVIDISM IN MAY SHOULD HAVE SENSITIZED THE GOC TO THE NEED FOR Page - 4 MEANINGFUL CHANGES IN THE HANDLING OF ITS INTERNAL SECURITY PROBLEMS IF THE CNI DOES OPERATE LEGALLY AS A COLLECTOR OF INFORMATION I T WILL BE MOPE BECAUSE OF THIS 1 EALITY THAN THE RESTRAINTS IMPOSED BY ITS LEGAL CHARTER BOYATT H '' ' NNN Current Handling Restrictions Current Classification Page - 5 _ n a UNClASSIFIER