Pinochet's shaky legacy

AS Augusto Pinochet, former Chilean dictator and a senator for life, awaits the start of extradition proceedings at the magistrates court in London tomorrow, in Chile his continued detention on charges of gross human rights violations, has re-ignited deep societal divisions.

While most Chileans would simply like the Pinochet case to fade away - although a clear majority have been in favour of his indictment - both staunch supporters and victims of human rights abuses alike continue to make sure the general's plight is never far from the headlines.

This has been especially true over the past week when people across the country, ruled by Pinochet from 1973-1990, have been celebrating the traditional national independence festivities, including the armed forces day.

Chileans of all classes make special efforts during this time to organise family get-togethers which would put the ancient Romans to shame for the largess of the hospitality provided.

However, beneath the surface gaity, dark and muddy waters run deep. On the one hand, the right-wing and mainly rich and powerful Pinochet supporters, take every opportunity to complain bitterly against everyone they see as involved in the general's arrest. While Britain and Spain are guilty of interfering in domestic matters and 'violating' Chile's national sovereignty, judge Baltasar Garzon is guilty for issuing the warrant, the Chilean government for not doing enough to free him, and the victims' relatives for going on endlessly about "things of the past".

What troubles the military and the right-wing supporters of the former dictator is the chain of events which resulted from Pinochet's detention in London. Firstly, the arrest brought to the world's attention once more the unresolved issues involving Chile's transition to democracy. Namely, the issue of the dead and disappeared as a result of the work of Pinochet's security forces, and in particular the infamous DINA and CNI secret police corps.

Their appalling record of abuses and atrocities was once again splashed across the pages of all quality newspapers and revisited in countless TV and radio features and debates.

Secondly, the few cases which had been pursued in the Chilean courts against serving or retired military officers for years without any progress suddenly had a boost. To cap it all, the courts agreed with the lawyers representing the families of the disappeared in accepting the concept of 'continuing kidnapping' in the case of the disappeared. That is, if no body has been produced the criminal act of kidnapping still goes on.

This landmark decision has meant that prominent officers including retired general Arellano Stark and his team (who had responsibility for the 'caravan of death' case in 1973 under direct orders from Pinochet) have been detained and charged with a range of criminal offences. Further court cases have resulted in about 500 serving personnel being involved in complex and extended investigations.

Pinochet's arrest and the growing demands made by the relatives of the disappeared have resulted in a previously unheard of dialogue between the armed forces and human rights lawyers, chaired by Perez Yoma, defence secretary, and supported by the Catholic church and individuals from civil society.

The dialogue, which commenced last month after many doubts and anxieties on both sides, has different objectives and expectations for the participants.

The military wishes to repair its much damaged image and improve morale, while the lawyers seek to find out information leading to finding the remains of the disappeared.

To secure information, the government have guaranteed anonymity to those willing to speak out. To date, no new information has been put forward. The lawyers, for their part, entered into the dialogue after much soul searching and no small measure of controversy.

The relatives of the disappeared, for example, refused to sit with the military. Camilo Escalona, leading government coalition politician and Socialist Party spokesman, has rejected the initiative arguing that the dialogue may let the military off the hook.

Dissension in President Frei's government regarding the dialogue is also rampant, with backers and detractors trying hard to patch things up in the run up to the December elections.

Overall, the general's troubles with international justice is perceived as bringing an element of instability the country could do without.

The result is an often unholy alliance between government, opposition, church and military elements calling together for Pinochet's return. For example, while Frei's government joins forces with Pinochet's military to fight for his release, even Ricardo Lagos, Socialist Party leader and the ruling coalition candidate for the December polls, has had to forget his past as political prisoner and exile to ensure that his campaign does not go off the rails when he is within sight of the winning post. Such are the political contradictions thrown up by the ailing, old, dictator's fate.

Among the latest efforts to secure Pinochet's early release, have been calls for arbitration by the International Court at the Hague and countless medical tests to show that his health is deteriorating rapidly.

While Santiago's Catholic leader, Archbishop Errazuriz, continues to call for national reconciliation, the victims and their relatives continue to protest and demand truth and justice.

The latest showdown was at the traditional Te Deum, or service of thanksgiving, when Errazuriz exhorted: "Do not be afraid of acknowledging mistakes and injustices. We must look our history in the eye and confront it".

At the end of the ecumenic celebration, members of the 119 Committee, so called in memory of the victims of Operation Columbus, staged a silent protest with banners demanding "Trial and Punishment".

Given the continuing differences and bitterness, it is hard to imagine how such a strained dialogue will deliver long lasting solutions.

Pamela Pereira, leading human rights lawyer for 25 years and herself the daughter of one of the disappeared, surprisingly agreed to join the process but her position is uncompromising. "We shall not accept the idea of a final deadline, or 'punto final', to human rights cases. The courts must resolve each and every case, according to the law. All we want is information."

The military's understanding is entirely different. For General Izurieta, Pinochet's successor, the dialogue is aimed at arriving at a final accommodation. "We have no new information to give. The army, as a body, has no responsibility for any of the alleged incidents," he reiterated.

Izurieta's case, however, has been weakened by the recent court case against former secret police chief, General Gordon, who has been implicated as an accessory after the fact in the murder of trade union leader Tucapel Jimenez in the early 1980s, after charges of complicity were reduced.

The detention of retired general Manuel Contreras, former DINA chief, back in 1995 for his part in the murder of Allende government minister Orlando Letelier in Washington, and the difficulties that other Pinochet right hand men, such as Arellano Stark are experiencing, mean that Chile is now being forced to face its bloody and repressive past in order to look forward to a brighter democratic future.

The festering sores which are the unknown fate of the disappeared, and the refusal of the victims of human rights abuses and their families to accept anything other than justice, have made it impossible for the Chilean establishment to ignore them any longer.

Copyright 1999
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