MARK G. LEVEY, AFTER DOWNING STREET - On September 11, 1973, Gen.
Augusto Pinochet headed a military coup that overthrew the
democratically-elected government of President Salvador Allende. Chile
at that time was one of the world's oldest constitutional democracies.
In the months that followed, in a round up of "terrorists", Chilean
military and intelligence officers arrested 30,000 Chileans and some
foreign nationals. Virtually all were tortured, and 3,000 "disappeared",
many dumped alive from military aircraft into the Pacific Ocean. The
Junta's secret police also sought out its critics abroad, a few weeks
later blowing up the former Ambassador, Orlando Letelier, in his car as
he drove through downtown Washington, DC.
In the years that followed, "President" Pinochet ruled through emergency
"anti-terrorism" decrees, before he retired as a Senator for life.
Before he left the presidential palace, however, the General assured
himself that he would never be brought to trial for his crimes. While
the country was still effectively controlled by the military Junta he
headed, the runner-stamp legislature passed laws granting amnesty to
those officials who had committed torture and murder during the "state
of exception" to constitutional rule. The amnesty laws also granted
lifetime "legislative immunity" to members of Parliament, including, of
course, Senator Pincochet. . .
Even though Spain, France and several other countries had issued
warrants for Pinochet's role in commanding the murder of their citizens
in Chile following the coup, Pinochet travelled the world in luxury and,
he thought, security from arrest. As former "head of state", most
countries would not touch him. But, that changed in 1998, when during a
visit to former Prime Minister Margaret Thatcher and other Right-wing
friends in Britain, he was detained on an extradition request from
Spain.
After a long court battle, a three-member Court of the House of Lords,
the highest appellate tribunal in the UK, found that Pinochet's claims
to immunity as former head of state and to legislative immunity were
invalid in the face of charges of violation of international laws
against genocide, torture and crimes against humanity. The Blair
Government ended up sending him back to Chile, where the new democratic
government and courts stripped his immunity, and placed Pinochet, now 87
years old, under indefinite house arrest.
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