Augusto Pinochet Indicted for Human Rights Violations in Chile

Former Chilean dictator Augusto Pinochet is facing renewed legal scrutiny as authorities move to indict him for human rights violations and related crimes. This development marks a significant moment not only for Chilean civil society but also for the international legal framework that seeks to hold individuals accountable for egregious acts. The indictment may also revive the possibility of prosecuting Pinochet for the 1976 murder of Orlando Letelier and Ronni Moffitt in Washington, D.C.

On September 21, 1976, Letelier, a former defense minister under the democratically elected President Salvador Allende, and Moffitt were killed in a car bombing on Embassy Row. This incident drew the attention of the FBI, which traced the operation back to the highest levels of the Chilean government. Despite extensive evidence, including statements from two FBI agents and U.S. prosecutor Lawrence Barcella indicating that the assassination could not have occurred without Pinochet’s approval, his name was notably absent from the resulting indictment.

Following his loss in a 1988 referendum, Pinochet attempted to shield himself from prosecution by granting himself amnesty and securing a lifetime senator position, allowing him to evade justice both in Chile and internationally. Nevertheless, a Spanish court took a decisive step in 1996 by indicting Pinochet for crimes against humanity, genocide, and international terrorism. The civilian government that succeeded Pinochet also established the Rettig Commission to investigate the extent of repression during his regime. The commission reported that Pinochet’s regime had either assassinated or made 3,197 individuals “disappear,” while tens of thousands were subjected to torture or forced into exile.

Despite this overwhelming documentation of atrocities, subsequent Chilean administrations hesitated to take action against Pinochet. A pivotal moment occurred in 1998 when a Spanish judge requested the British government detain Pinochet during his visit to London. After lengthy legal battles, the House of Lords upheld some aspects of the Spanish indictment, but Pinochet was ultimately released after a medical team deemed him unfit for trial. Critics argued that he was feigning illness.

However, Judge Juan Guzman, who was appointed to investigate cases of disappearances, later observed Pinochet during a television interview and noted his coherent state. Following interviews with the former dictator, Guzman indicted him on December 13, 2002, for ten specific acts of kidnapping and murder. This action revitalized the principles of international law, emphasizing the need to address terrorism on a global scale.

The underlying crimes associated with the indictment are deeply rooted in Operation Condor, an extensive network of intelligence and secret police agencies across South America that worked together to eliminate political opponents. Pinochet was a founding member of this organization, which contributed to his designation as one of the world’s foremost terrorists.

Currently, an unsigned indictment regarding the Letelier murder is pending on the desk of the U.S. attorney in Washington, D.C. The implications of this case extend beyond Chile, underscoring the principle that political assassinations are intolerable, whether in Santiago or Washington. The call for accountability is clear, and the time for action is pressing.