Pinochet Faces Justice: Indictment Marks Shift in International Law

Former Chilean dictator Augusto Pinochet is being brought to justice, marking a significant victory for both Chilean civil society and international law. This development also opens the door to prosecuting Pinochet for the 1976 murder of political opponents in Washington, D.C.

On September 21, 1976, a car bombing on Washington’s Embassy Row claimed the lives of Orlando Letelier and Ronni Moffitt. Letelier, who had served as defense minister under the government of democratically elected President Salvador Allende, was exiled in the United States. Moffitt was his colleague at the Institute for Policy Studies, a think tank dedicated to social justice and policy research. The FBI investigation into the bombing traced the plot back to the highest levels of the Chilean government, leading to indictments against two senior officials in Pinochet’s intelligence and secret police agencies. Despite this, Pinochet himself was notably absent from the indictment, even as FBI agents expressed that it was “inconceivable” that Letelier could have been targeted without his authorization.

Following his loss in a 1988 referendum, Pinochet enacted self-serving measures, including granting himself amnesty and securing a life Senate seat, which allowed him to evade legal consequences both in Chile and internationally.

Nevertheless, in 1996, a Spanish court indicted Pinochet for crimes against humanity, genocide, and international terrorism. The civilian government that took over after Pinochet’s regime established the Rettig Commission, which documented the severe human rights abuses committed during his rule. The Commission reported that Pinochet’s regime was responsible for the assassination or “disappearance” of 3,197 people, with tens of thousands more tortured and forced into exile.

The situation shifted when a Spanish judge sought Pinochet’s detention during a visit to London in 1998. A protracted legal battle ensued, ultimately leading the House of Lords to uphold part of the Spanish indictment. However, Pinochet was released after being declared unfit for trial by medical professionals. Critics have long speculated whether his health issues were exaggerated.

In 2002, Judge Juan Guzman, tasked with investigating the cases of the disappeared, publicly challenged Pinochet’s supposed incapacity after observing him in a television interview. Guzman later conducted his own interview with Pinochet, deeming him fit for trial. On December 13, Guzman indicted Pinochet for ten specific acts of kidnapping and murder, reviving the conversation surrounding international law.

Guzman’s actions highlight the global implications of Pinochet’s dictatorship and the operations of Operation Condor, a covert network of intelligence and secret police agencies across South America responsible for suppressing political dissent through violence. Pinochet played a crucial role in establishing this organization, which aimed to eliminate perceived threats to authoritarian regimes.

Currently, an unsigned indictment related to the Letelier murder remains with the U.S. Attorney’s Office in Washington. The indictment serves as a reminder that political violence should not be tolerated anywhere, including in the United States. As international law gains momentum, it is imperative that justice be pursued against those responsible for such heinous acts.

The implications of Pinochet’s indictment resonate widely, as they affirm the commitment to accountability and justice, not just in Chile, but across the globe. The world watches closely as the next steps unfold in this pivotal case.