SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
How to apply:
The entire application process consists of two parts: 1. online survey and 2.
application form in Word format. Both parts and all sections of the application form
need to be completed and received by the Secretariat before the expiration of the
deadline.
First part: Online survey (http://ohchr-survey.unog.ch/index.php/891483?lang=en)
is used to collect information for statistical purposes such as personal data (i.e. name,
gender, nationality), contact details, mandate applying for and, if appropriate,
nominating entity.
Second part: Application form in Word can be downloaded from
http://www.ohchr.org/EN/HRBodies/SP/Pages/HRC32.aspx by clicking on the mandate.
It should be fully completed and saved in Word format and then submitted as an
attachment by email. Information provided in this form includes a motivation letter of
maximum 600 words. The application form should be completed in English only. It will
be used as received to prepare the public list of candidates who applied for each
vacancy and will also be posted as received on the OHCHR public website.
Once fully completed (including Section VII), the application form in Word should be
submitted to hrcspecialprocedures@ohchr.org (by email). A maximum of up to three
reference letters (optional) can be attached in Word or pdf format to the email prior to
the expiration of the deadline. No additional documents, such as CVs, resumes, or
supplementary reference letters beyond the first three received will be accepted.
Please note that for Working Group appointments, only citizens of States
belonging to the specific regional group are eligible. Please refer to the list of
United Nations regional groups of Member States at
http://www.un.org/depts/DGACM/RegionalGroups.shtml
 APPLICATION DEADLINE: 14 APRIL 2016 (12 NOON GMT)
 No incomplete or late applications will be accepted.
 Shortlisted candidates will be interviewed at a later stage.
General description of the selection process is available at
http://www.ohchr.org/EN/HRBodies/SP/Pages/Nominations.aspx
In case of technical difficulties, or if encountering problems with accessing or
completing the forms, you may contact the Secretariat by email at
hrcspecialprocedures@ohchr.org or fax at + 41 22 917 9008.
You will receive an acknowledgment email when both parts of the application
process, i.e. the data submitted through the online survey and the Word
application form, have been received by email.
Thank you for your interest in the work of the Human Rights Council.
1|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
I. PERSONAL DATA
1. Family name: Garretón
6. Year of birth: 1941
2. First name: Roberto
7. Place of birth: Ssntiago de Chile
3. Maiden name (if any): -----
8. Nationality (please indicate the
nationality that will appear on the
public list of candidates): chileno
9. Any other nationality: -----
4. Middle name: ……
5. Sex:
Male
Female
II. MANDATE - SPECIFIC COMPETENCE / QUALIFICATIONS / KNOWLEDGE
NOTE: Please describe why the candidate’s competence / qualifications /
knowledge is relevant in relation to the specific mandate:
1. QUALIFICATIONS (200 words)
Relevant educational qualifications or equivalent professional experience in
the field of human rights; good communication skills (i.e. orally and in writing)
in one of the six official languages of the United Nations (i.e. Arabic, Chinese,
English, French, Russian, Spanish.)
Since obtaining a law degree in 1964 I have worked as a lawyer. However as of
September 11th 1973 I have devoted myself exclusively to the defense and promotion
of human rights. working for the two most prominent human rights organizations in the
country, firstly the Committee pro Paz, (1973 -1976) and then for the Vicaria de la
Solidaridad (1976-1990). I was the Head of the Legal Unit, participated in more than
12,000 habeas corpus cases, including representing defendants in 103 court martials,
obtaining inter alia a reduced sentence for a defendant initially sentenced to death in
1974.
I have filed 200 complaints on enforced disappearances. I authored the documents for
the UN Working Group on Human Rights Violations in Chile (1975-1979) and for the
Special Rapporteur on Chile (1980-1990), obtaining condemnatory resolutions on Chile
both in the Human Rights Commission and in the UN General Assembly.
I have provided affidavit testimony to the House of Lords in the trial against Pinochet,
testified twice in proceedings of the International Criminal Court: the Thomas Lubanga
Dyilo (2009) and Bosco Ntangada (2015) trials, and an international observer in the
trial against Peruvian dictator Alberto Fujimori (2008).
I have taught courses on human rights at the Instituto Interamericano de Derechos
Humanos (2002-2005).I was a member of the UN SG's Advisory Group on the
Prevention of Genocide.
2|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
2. RELEVANT EXPERTISE (200 words)
Knowledge of international human rights instruments, norms and principles.
(Please state how this was acquired.)
Knowledge of institutional mandates related to the United Nations or other
international or regional organizations’ work in the area of human rights.
(Please state how this was acquired.)
Proven work experience in the field of human rights. (Please state years of
experience.)
UN Human Rights Commission Special Rapporteur on Human Rights in Zaire, presently
DRC. Member of the Working Group on Arbitrary Detentions (1991-2001 and 20082014). Defense attorney for victims of the Pinochet disctatorship (1973-1990) in cases
on social prevention, arbitrary discrimination, and denial of political rights.
Ambassador for the first constitutional post dictatorship government to International
Human Rights Bodies (1990-1994).
Legal Counsel for UNHCR (1996-2000).
UNHCHR's Representative for Latin America and the Caribbean for Human Rights
(2001-2005).
I have undertaken human rights missions for the UN, OMCT, ICJ, ACJ, and APT in 31
countries.
Lecturer at the Universidad Europea de Madrid (1998), at the UNED,(2000), at
Universidad Rey Juan Carlos 1 (2014) Universidad de La Plata (Argentina); Universidad
de Buenos Aires Argentina; Universidad de la República (Uruguay; Universidad
Iberoamericana de México (2002); Universidad Iberoamericana de Puebla México (2013,
2014); Universidad de Coahuila, México (2015); Universidad de Kinshasa and others.
3. ESTABLISHED COMPETENCE (200 words)
Nationally, regionally or internationally recognized competence related to
human rights. (Please explain how such competence was acquired.)
As a young human rights lawyer during the Pinochet dictatorship I had no choice but
to acquire on the spot competence while dealing with the horrors of those troubled
times in my country. Later, post -dictatorship as Chilean Ambassador at Large for
Human Rights , as well as Special Rapporteur for Zaire, I was able to further my
comptetence in human rights with an ever growing larger world vision of the human
rights situation, going from the regional to the international. I have also participated in
the training of judges and prosecutors throughout Latin America (for example, in
Republic of El Salvador , in the framework of the peace process (ONUSAL) in 1994. I
believe all this acquired experience and competence can be put to good use for this
mandate.
I have also been Member of the UN Secretary General's Advisory Committee for the
Prevention of Genocide, along with Desmond Tutu, Juan Mendez et al (2006-2009),
which is another source of competence, for arbitrary executions often take place during
genocide.
3|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
4. PUBLICATIONS OR PUBLIC STATEMENTS
Please list significant and relevant published books, articles, journals and
reports that you have written or public statements, or pronouncements that
you have made or events that you may have participated in relation to the
mandate.
4.1
Enter three publications in relation to the mandate for which you are
applying in the order of relevance:
1. Title of publication: Por la fuerza sin la razón Análisis de los Bandos militares.(For
the sake of senseless force. Analysis of military factions)
Journal/Publisher: Editorial LOM Chile (en colaboración)
Date of publication: 1998
Web link, if available:
2. Title of publication: Justicia transicional en Iberoamérica (obra
colectiva)(Transitional Justice in Iberoamerica).
Journal/Publisher: Cuadernos y debates /Centro de Estudios Políticos y
constitucionales.
Date of publication: (Madrid, 2009)
Web link, if available:
3. Title of publication: Message for Human Rights(co-authoured with the Dalai Lama,
Desmond Tutu and others)
Journal/Publisher: Ministry for Foreign Affairs of Sweden,
Date of publication: 1998
Web link, if available:
If more than three publications, kindly summarize (200 words):
In my 40 plus years as a human rights lawyer and defender I have published many
articles and reports, among them reports to the Human Rights Commission on Zaire,
and to the General Assembly, inter alia. Below, some other recent publications:
La lucha contra la impunidad.(Fight against Impunity) . ASFAD (Asian Federation for the
Fight Against Impunity) Manila, Philippines 2014
La Violencia Extrema. Lo que nos enseña América Latina. (Extreme Violence: Lessons
from Latin America ) CNRS. París 7 April , 2016 Texts available upon request
4.2
Enter three public statements or pronouncements made or events that
you may have participated in relation to the mandate for which you are
applying in the order of relevance:
4|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
1. Platform/occasion/event on which public statement/pronouncement made:
Statements relating to several reports to the Human Rights Commission and to the UN
General Assembly on Human Rights in Zaire (RDC).: First report E/CN.4/1995/67
Event organizer: United Nations Human Rights Commission
Date on which public statement/pronouncement made: 23 December 1994
Web link, if available: historical documents of the Human Rights Commission
2. Platform/occasion/event on which public statement/pronouncement made:
The Fight Against Impunity
Event organizer: ASFAD Asian Federation Against Disappearances
Date on which public statement/pronouncement made: September 2014 in
Manila, Philippines
Web link, if available: text available upon request
3. Platform/occasion/event on which public statement/pronouncement made:
Le Monde Diplomatique, article ,December 1997
Event organizer: Le Monde Diplomatique Newspaper
Date on which public statement/pronouncement made: December 1997
Web link, if available: mondediplo.com/1997/12/garreton
If more than three, kindly summarize (200 words):
Throughout my long career as a human rights lawyer and defender I have given
numorous lectures and conferences. I have been interviewed countless times due to my
position as a vocal opponent to the Pinochet regime, and later on as Special Rapporteur
for Zaire (RDC), by Le Monde, France Monde, Belgian tv. inter alia. I am still active in
the lecture circuit, having given a presentation most recently in Paris on 7 April 2016 on
"The Legacy of Dictatorships", at the invitation of the Centre National de Recherche
Social. Texts of these interviews, lectures etc are available upon request.
5. FLEXIBILITY/READINESS AND AVAILABILITY OF TIME (200 words)
to perform effectively the functions of the mandate and to respond to its
requirements, including participating in Human Rights Council sessions in
Geneva and General Assembly sessions in New York, travelling on special
procedures visits, drafting reports and engaging with a variety of stakeholders.
(Indicate whether candidate can dedicate an estimated total of approx. three
months per year to the work of a mandate.)
5|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
After forty odd years as a staunch defender of human rights , I can straightforwardly
state that out of utmost respect for the victims of human rights abuses I would never
consider presenting my candidacy if I were not completely capable of fulfilling the
mandate. Although I am officially retired as a lawyer, I still am very actively involved in
human rights issues. I continue to lecture and to travel at the request of civil society
organizations and other stakeholders. I have total flexibility and readiness to work,
travel, undertake missions, prepare reports and participate in Human Rights Council
sessions, and General Assembly sessions as well. Due to my experience as Special
Rapporteur on Zaire (RDC) I am fully aware of what the mandate entails, and it would
be my foremost priority to duly fulfill it, to my maximum capacity, as I have done for
previous mandates and commissions, devoting to it all the time it requires, for the good
of the victims and their families.
6|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
III. MOTIVATION LETTER (600 word limit)
I am a Chilean lawyer who, since the Pinochet coup on 11 September 1973 have
devoted myself exclusively to work for the defense of human rights, firstly in Chile, as
well as in 31 other countries of Latin America, Africa, Asia, including Europe. I have
been at it for 43 years. (1973-2016).
I joined the Committee for Peace from the very start (1973-1975), and later its
successor the Vicariate of Solidarity (1975-1990) I was entrusted with investigating and
filing legal challenges on arbitrary detentions, enforced disappearances, summary
executions and torture. as well as preparing reports for the Working Group on Human
Rights in Chile (1975-1980) and for the Special Rapporteurs on Chile (1980-1990).
I took on the decision to be a human rights lawyer as a moral obligation, much
influenced by a legal philosopher, Luis Legaz y
Lacambra who sustained " the law is meant for life, otherwise it means nothing at all".
After the end of the dictatorship I was named Human Rights Ambassador at Large for
Chile, and was elected Vicepresident to the Human Rights Commission as well as to the
World Conference on Human Rights in Vienna. The French daily Libération stated that
Chile and Costa Rica were the only countries who were at the forefront of human rights.
I was the Chilean representative to that Conference.
As for Special Mechanisms, I was a member of the WG on Arbitrary Detentions (19912000 and 2008-2014). Between 1994 and 2001 I was Rapporteur on the Human Rights
in Zaire (present day RDC). My mandate was renewed 7 times, and appeared three
times before the UN Security Council (Arria Formula). I maintain, and have put in
writing in several texts that the Special Procedures are the most efficient amongst all
others at the United Nations. I have served under UNHCHR Mary Robinson as her
representative for Latin America, which is the only time I have ever been on the UN
payroll (2001-2006). I was a member of the Secretary General's Advisory Group on the
Prevention of Genocide, (2006-2009) along with Nobel Peace Prize Desmond Tutu, Juan
Mendez, (present Special Rapporteur on Torture), inter alia.
I have undertaken numerous human rights missions for the UN and for many human
rights NGOs in at least 31 countries. In 1994 I undertook a successful peace mission for
the UN, working for 4 months in the training of judges and prosecutors in El Salvador.
I have been a witness at the International Penal Court , testifying against Thomas
Lubanga Dyilo (2009), and Bosco Ntaganda(2015), and in the trial against Pinochet in
Spain and I gave an affidavit in 1999 to the House of Lords, demonstrating why
Pinochet could not be tried in Chile.
I have always complied with the Code of Conduct for Special Procedures mandate
holders of the Human Rights Council (Resolution 5/2 of 2007). It is my firm conviction
that I, in my 74th year of age, can still do much to further the cause of human rights as
Special Rapporteur. Besides my wholehearted enthusiam , time and energy, I would in
addition bring to the mandate institutional memory of a seasoned human rights
defender. Also, there has never been a Special Rapporteur on Extrajudicial, Summary
or Arbitrary Executions from Latin America , therefore I think i can add a regional
outlook to this global issue.
7|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
8|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
IV. LANGUAGES (READ / WRITTEN / SPOKEN)
Please indicate all language skills below.
1. Mother tongue: Spanish
2. Knowledge of the official languages of the United Nations:
Arabic: Yes or no: No
If yes,
Read: Easily or Not easily:
Write: Easily or Not easily:
Speak: Easily or Not easily:
Chinese: Yes or no: NO
If yes,
Read: Easily or not easily:
Write: Easily or not easily:
Speak: Easily or not easily:
English: Yes or no: NO
If yes,
Read: Easily or not easily:
Write: Easily or not easily:
Speak: Easily or not easily:
French: Yes or no: YES
If yes,
Read: Easily or not easily: easily
Write: Easily or not easily: easily
Speak: Easily or not easily: easily
Russian: Yes or no: NO
If yes,
Read: Easily or not easily:
Write: Easily or not easily:
Speak: Easily or not easily:
Spanish: Yes or no: YES
If yes,
Read: Easily or not easily: YES
Write: Easily or not easily: YES
Speak: Easily or not easily: YES
9|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
V. EDUCATIONAL RECORD
NOTE: Please list the candidate’s academic qualifications (university level and
higher).
Name of degree and name of academic
institution:
Years of
attendance
(provide a
range from-to,
for example
1999-2003):
Bachelor in Legal and Social
Sciences,Universidad de Santiago, Facultad de
Derecho
1960-1964
Awarded Law Degree by the Supreme Court of
Chile after succesfully passing a national exam
and succesful thesis presentation
1967
10 | P a g e
Place and
country:
Santiago, Chile
1967.
Universidad de
Chile /Corte
Suprema
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
VI. EMPLOYMENT RECORD
NOTE: Please briefly list ALL RELEVANT professional positions held, beginning
with the most recent one.
Name of employer,
functional title,
main functions of position:
Years of work
(provide a
range from-to,
for example
1999-2005):
Place and
country:
Freelance Lawyer
1967
1973
Defensa DD Comité por la Paz en Chile/Vicaría
Solidaridad
1973
1990
Ambassador at Large for Human Rights and OAS
1990
1994
OHCHR Representative for Latin America and the
Caribbean América Latina y Caribbean
2001
2005
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SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on extrajudicial, summary or arbitrary executions
[HRC res. 26/12]
Appointments of mandate holders to be made at the 32nd session
of the Human Rights Council (13 June – 1 July 2016)
VII. COMPLIANCE WITH ETHICS AND INTEGRITY PROVISIONS
(of Human Rights Council resolution 5/1)
To be completed by the candidate or by the nominating entity on his/her behalf.
1. To your knowledge, does the candidate have any official, professional,
personal, or financial relationships that might cause him/her to limit the
extent of their inquiries, to limit disclosure, or to weaken or slant findings in
any way? If yes, please explain.
NO
2. Are there any factors that could either directly or indirectly influence,
pressure, threaten, or otherwise affect the candidate’s ability to act
independently in discharging his/her mandate? If yes, please explain:
NO
3. Is there any reason, currently or in that past, that could call into question
the candidate’s moral authority and credibility or does the candidate hold any
views or opinions that could prejudice the manner in which she/he discharges
his mandate? If yes, please explain:
NO
4. Does the candidate comply with the provisions in paragraph 44 and 46 of
the annex to Human Rights Council resolution 5/1?
Para. 44: The principle of non-accumulation of human rights functions at
a time shall be respected.
Para. 46: Individuals holding decision-making positions in Government
or in any other organization or entity which may give rise to a conflict of
interest with the responsibilities inherent to the mandate shall be
excluded. Mandate holders will act in their personal capacity.
Yes, I comply with the provisions in the beforementioned paragraphs : I do not hold
any other mandate, nor do I hold any post with the Government of Chile .
5. Should the candidate be appointed as a mandate holder, he/she will have to
take measures to comply with paragraphs 44 and 46 of the annex to Council
resolution 5/1. In the event that the current occupation or activity, even if
unpaid, of the candidate may give rise to a conflict of interest (e.g. if a
candidate holds a decision-making position in Government) and/or there is an
accumulation of human rights functions (e.g. as a member of another human
rights mechanism at the international, regional or national level), necessary
measures could include relinquishing positions, occupations or activities. If
applicable, please indicate the measures the candidate will take.
not applicable
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