Emerging from Pinochet's shadow; A Chilean court's ruling to lift the

AFTER returning to Chile earlier in the year following Jack Straw's decision to release Augusto Pinochet from house arrest in Britain on health grounds, the general and his supporters must have felt that things were looking up. The possibility of a trial in respect of human rights abuses committed during his 1973-1990 regime seemed to have been lost, at least in terms of the Spanish prosecution that brought about his detention.

However, in an unexpected turn of events in May, a Chilean court granted investigating judge Juan Guzman's petition to lift the general's immunity from prosecution that he had as a "senator for life".

Guzman, responsible for the now 158 cases put forward against Pinochet by relatives of the victims, had requested the lifting of the immunity in relation to one of the oldest and most infamous cases. Known in Chile as the Caravan Of Death, the case dates back to Pinochet's first weeks in charge during late September and early October of 1973.

Having received army reports that provincial garrisons did not appear to have used repression to the extent as in the capital, Santiago, and the main port, Valparaiso, Pinochet delegated his powers as army commander to general Sergio Arellano Stark, with the mission to review the cases of people in military detention around the country.

Arellano Stark and a few officers who had "distinguished" themselves during the coup and its immediate aftermath for the ferocity they exhibited, travelled in a Puma helicopter and visited several garrisons to the south and north of the capital.

As a result of the visits, 72 detainees were executed. The remains of 19 have never been found. Guzman had used an earlier supreme court ruling which established that in cases where the remains of kidnapped persons - as the Chilean "disappeared" are now considered by the courts - are not found, the alleged crime cannot be subject to any amnesty law or prescription. The alleged offence is seen as ongoing.

The appeals court decision to lift Pinochet's immunity was a bombshell but had to be ratified by the supreme court, where the general's lawyers took their appeal. The expectations in Chile were that, in common with many other rulings, the Supreme Court would err on the conservative side and allow Pinochet's appeal. The 14-6 majority verdict announced on Tuesday to uphold the earlier appeals court decision and lift his immunity shook the country, particularly because of the margin obtained.

Eleven of the judges directly linked Pinochet's orders to Arellano Stark to the 53 homicides and the 19 cases of aggravated kidnapping, while three of them discarded the possibility of Pinochet's guilt as author but agreed that there were well-founded suspicions of his covering up the facts and perverting the course of justice. Ominously for the old dictator, those backing the hard line are sitting on the panel that will hear any further arguments in future.

Reactions to the decision have been predictable. Pinochet himself said: "I am innocent and will fight to prove it."

All, however, does not seem well. His youngest son, Marco Antonio, appeared angry at the army's reaction when stating "one always expects more from them". Apparently, the army chief, general Izurieta, has not been vociferous enough in the defence of his predecessor. A campaign to rally support has already started, with a dinner hosted by Pinochet's wife, Lucia, planned for Thursday. This week also sees the parliamentary right wing holding a debate on the issue in congress.

Much more is to follow, given that next month will mark the 27th anniversary of the coup. September is celebrated in Chile as the month of the motherland, and includes National Independence Day, the Army's Day and a military parade.

Relatives of the victims, the human rights lawyers and left-wing politicians and activists reacted with unbridled joy to the news. President Allende's daughter, Isabel, a member of congress for the Socialist Party, welcomed the "end of impunity in Chile", while Viviana Diaz of the Association of the Relatives of the Disappeared and Executed said that the ruling "marked the beginning of justice".

The government, in muted statements, tried to distance itself from the case, arguing its usual line about the courts' independence and the need for Chile to put matters behind and look to the future. President Lagos and his advisers are concentrating on day-to-day issues such as unemployment and crime. But, what now are the next steps? Does the decision mean that Pinochet will finally be tried for his regime's crimes?

The man of the moment - in real terms - is judge Guzman. The tenacious workaholic, just returned on Monday from a period of sick leave after surgery, has largely kept his counsel stating that he cannot comment until he has read the full ruling. Guzman tried to dispel tensions by stating that an actual trial "is very far off". He did, however, meet lawyers representing the relatives and Pinochet.

Guzman's first major obstacle will be the legal requirement in Chilean courts for all defendants over the age of 70 to undergo medical tests to ascertain their mental fitness to stand trial, physical illness not being considered an impediment. Pinochet's family have strongly rejected this possibility, arguing that the general wants to prove his innocence and does not want the tests to prevent him from doing so.

It would seem as if a long and hard road is ahead for Guzman and the relatives of the victims. Nevertheless, the supreme court ruling has been a major step forward in the rehabilitation of the judiciary, often an accomplice during the atrocities, and in moving Chile towards a more solid and enduring democratic future, away from the shadows of Pinochet and his bloody legacy.

Copyright 2000
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