Great news hearing this weekend that former dictator Augusto Pinochet has been stripped of his immunity by a Chilean appeals court. The 88 year-old former military dictator was narrowly spared a certain prison sentence a few years back when another court ruled he was too infirm to stand trial on murder indictments. Pinochet may once again slip the noose when the Chilean Supreme Court rules on this latest decision, but for the moment he's back on the hot seat -- just where he belongs. Having recently been seen galavanting around some Santiago dinner clubs and having recently given a lengthy TV interview to an American reporter, Pinochet might find it difficult, however, to argue that he's too sick to spend some quality time in the dock.
Those of us who have a direct stake in Pinochet’s fate were frankly delighted and somewhat surprised by this turn of events. I was a translator to the president of the democratically-elected government that was overthrown in Pinochet’s 1973 coup and had numerous friends who were arrested, tortured and murdered by his regime.
Yesterday's ruling comes as a great victory for the tenacious Chilean investigative magistrate, Juan Guzman Tapia. When virtually no one else had the courage, Judge Guzman began criminal proceedings against Pinochet a handful of years ago. Guzman not only indicted Pinochet but has also helped jail more than a dozen top ranking Chilean military officers convicted of barbaric acts. It was my privilege two years ago to offer testimony before Judge Guzman in his investigation of the murder of Charlie Horman, my fellow American (and friend) who was immortalized in the 1982 Costa-Gavras film, Missing.
The latest ruling against Pinochet stems from his master-minding of “Operation Condor.” As described by authors John Dinges and Peter Kornbluh in separate works, Operation Condor was a sort of Latin American Murder Inc. that Pinochet cobbled together with other authoritarian regimes of the era.
There’s an important lesson for all of us in this saga of Pinochet, one that relates directly to the current debate over Abu Ghraib. The systematic torture deployed by the Pinochet regime was felt by hundreds of thousands of Chilean families for nearly two decades but couldn’t be publicly discussed or even recognized in any form until the dictator was forced to step down in 1990. By then the collective trauma had been so devastating to the Chilean national psyche that broad swaths of the population (including the justice system) still wouldn’t admit to its existence. I need go no farther than my own mother-in-law who, till this day, is loathe to recognize such abuses even though her own daughter was forced into exile.
For thirty years now the Chilean people have been struggling to come to terms and to find justice for the crimes of state torture and murder. And we see from today’s events around Pinochet, that issue is still far from resolved.
The torture employed at Abu Ghraib (and it now seems in numerous other U.S. detention facilities) comes nowhere close to what transpired in Chile. And as testimony to the virtues of an open society, our response (with all its flaws) has been light years ahead of the Chilean reaction. What we have been debating the last month is what took the Chileans 25 years to achieve. Only two weeks ago did Chile convene its first official commission to take testimony from the survivors of among an estimated 30,000 or more victims of Pinochet's torture chambers. Two weeks ago!
That’s why it is so important that we not give in to the bullies and demagogues who now claim that it is time to move on, that any more media coverage of the Iraq prison scandal undermines the war effort.
Take a look at Chile and the Pinochet case and you’ll find quite the opposite. What distinguishes us from closed societies is not only our ability but also our willingness to face up to and ultimately to punish those who undermine our moral and ethical standing by committing abuses and atrocities in the name of some Greater Cause.
