The General and the Judge
by Troy Skeels
General Augusto Pinochet returned to the Chilean landscape on March
3. Spain's judicial request for his extradition for crimes against
human rights was quashed by Britain on "humanitarian" grounds.
The self-appointed "Senator for Life," was greeted with full military
honors, a brass band, singing schoolchildren and throngs of
supporters. The general, found by Britain to be too unwell and lacking
the mental capacity to stand trial, waved a hearty greeting at the
exuberant masses. It could have been a scene from his 1973-90
dictatorship.
Some 50 dissenting demonstrators were surrounded and driven away by
military police, sporting dogs and water cannon. They were pelted on
their way out with rocks and bottles from the pro-Pinochet crowd.
The pomp and belligerence gave notice to the newly elected socialist
president, Richard Lagos, that the army still regards the general as
savior of Chile and they're not afraid to show it.
While the reception may have been warm, the general didn't arrive in
the same Chile that he left.
He returned to face 60 criminal complaints, filed since judge
Balthasar Garzon of Spain delivered the warrant to Britain, puncturing
Pinochet's aura of invulnerability. The number of complaints has
since risen to 81.
While the general was being received by his admirers, an anti-Pinochet
demonstration gathered at the Presidential Palace, giving notice of
their own that the dictatorship doesn't live there anymore.
Outside Chile, France, Belgium and Switzerland filed their own charges
following Garzon's move. Britain's decision doesn't come without
political cost. The Swiss magistrate who applied for Pinochet's
extradition gave voice to widespread sentiment when he said, "I'm not
surprised by this decision, which confirms that England is still a
safe haven for criminals of all kinds."
Even the U.S. Justice Department is investigating Pinochet for the 1976
assassination of Orlando Letelier and U.S. citizen Ronnie Moffit in
Washington D.C. The pair were blown up in their car by DINA, the
Chilean secret police. They were assassinated as part of Operation Condor,
aU.S.-sponsored dirty war waged against South American activists.
The general's return fractured an agreement, on the verge of signature,
between the military and human rights attorneys. The agreement,
negotiated for months, lays out the framework for investigations of
abuses during the military dictatorship. The military was distracted
and on the defensive during Pinochet's house arrest in a posh London
suburb. Since his release, the commanders have found the courage to
refuse to sign an agreement they feel puts them at risk of
prosecution.
In the courtroom, Pinochet's lawyers have requested tests of
Pinochet's fitness to stand trial. Prosecutors say that health or
current mental capacity can only be used in deciding the penalty, not
for avoiding trial altogether.
Pinochet's current parliamentary immunity as a senator precludes any
of the complaints from continuing as criminal matters. The cases are
being pursued as civil suits while prosecutors attempt get the
immunity removed. One prosecutorial argument being that his mental
condition makes him unfit to serve as Senator.
While Pinochet's return can be seen as a setback for justice, that he
was even indicted is a dramatic development in the movement for
planetary human rights. Pinochet had gone to England for medical
treatment without a second thought. He could expect nothing but first
class treatment while visiting his old ally. Judge Garzon had a
different idea. His decade-long career of prosecuting difficult and
dangerous cases of corruption and human rights abuses included an
investigation against Pinochet. Seizing his chance he changed
international law and sparked numerous political and diplomatic
crises.
The Spanish Prime Minister disavowed the judge's actions. He even
lamented that such a move might endanger countless innocents because
current dictators might now choose to never retire for fear of prosecution.
Perhaps Prime Minister Aziz was thinking about some of his cabinet members
who were officials in the government of General Francisco Franco, deceased
dictator of Spain. Franco is one of Pinochet's heroes. Heinous as were
the crimes of Pinochet, they did not reach the accomplishments of
Franco's regime; Garzon reached into the black heart of Spain as
clearly as into Chile's.
His courage, far reaching persistence, and dashing figure have made
Garzon a Spanish "media figure." (in less sophisticated times he might
be called a "hero.") He was already popular in Spain before he gaveled
the world into attention. He's not popular in all circles. He travels
with bodyguards.
More information: www.derechoschile.com; www.lakota.clara.net;
www.newsunlimited.co.uk/pinochet_on_trial
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