To absolutely no one's surprise I am indescribably happy about the arrest of Augusto Pinochet, although I have my doubts as to how far the process of pursuing justice against him will go. Nevertheless, if anyone asked me five years ago if I ever thought he would be tried in Chile, the answer would have been an unqualified no. I believed that Pinochet had succeeded in insuring that he would never have to answer for anything in Chile. He had his cousin and then Justice Minister, Monica Madariaga write an amnesty for him and his cohorts. He also had a new constitution created which would provide for the newly minted position of senator-for-life for anyone who had served as president for six years. With this role as senator came parliamentary immunity.
Yet Pinochet was arrested in London in October 1998 and this was the pivotal moment that lead to the possible trial of Pinochet in Chile. Why, because the most consistent argument of the Chileans that opposed Pinochet, but also opposed his extradition to Spain, was that Pinochet could be tried in Chile. There were many, many skeptics, myself included. I believed the Chilean government had painted itself into a corner and as I watched the general rise up out of his wheelchair in March 2000, cured miraculously of the many ills that had "minded" Jack Straw, then the British Home Secretary to send Pinochet back to Chile, I was convinced that Pinochet had beaten the rap.
I was not yet aware of this man:
This is Judge Juan Guzmán Tapia, an investigative judge in Chile. Among his other accomplishments, Judge Guzmán has successfully argued that disappearances were ongoing kidnappings since no remains had been found and as an ongoing crime, it was exempt from Pinochet's self-amnesty of 1978. This has been the linchpin that has enabled the prosecution of Pinochet to get this far.
What is compelling about the current indictment and why everyone who opposes terrorism should be enthusiastic about it is that it focuses on actions that are related to Operation Condor, which was the establishment of a terrorist network among several South American military dictatorships and the development of which was pionerred by Pinochet and his right-hand man, and convicted terrorist, Manuel Contreras. One of the results of Operation Condor was the assassination in Washington, DC on September 21, 1976 of Orlando Letelier, a Chilean exile and fierce Pinochet opponent and his American assistant, Ronni Moffit, a 25-year-old newlywed. In addition, as writer John Dinges, who has written the definitive book on Operation Condor, there is compelling evidence that an Operation Condor scheme included a plan to assassinate then US Congressman Ed Koch for opposing military aid to Uruguay's dictatorship. Unless one thinks that murdering people via car bomb in our nation's capital or international conspiracies to kill US legislators is acceptable, this is the image you should hope to see of Augusto Pinochet Ugarte someday:
This Miami Herald editorial in today's paper sets the right tone:
If Gen. Pinochet truly is a ''good angel''
who saved the country from leftist chaos, which is how he portrayed
himself in a Spanish-language interview with a Miami TV station last
year, he should be happy to have the truth revealed in a court of law.
This interview, in which Gen. Pinochet appeared to be in control of his
faculties, helped persuade Judge Juan Guzmán Tapia that the general is
mentally competent to stand trial.
What is most important is that the
evidence be tested in a court of law -- and let the chips fall where
they may. Go through the process that establishes the truth or falsity
of the charges in a fair and open judicial proceeding. As things now
stand, given two previous exculpatory rulings, there is every
appearance that Gen. Pinochet has unfairly managed to duck the charges
and is above the law, answerable to no one for his actions.
Not incidentally, the trial could have a salutary effect on other
Latin American countries. As Operation Condor makes clear, Chile wasn't
the only place where government leaders resorted to extra-legal means
to deal with guerrillas and political opponents. If the people of Chile
are strong enough to demand to know what crimes were committed in their
name, and by whom, the people of Argentina, Mexico and other
countries whose leaders have tried to sweep the past under the rug also
can demand to know the truth.
What decent, freedom-loving person can take issue with that?
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