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World of Criminal Justice on Augusto Pinochet
The controversial Chilean leader General Augusto Pinochet was one of the most polarizing figures in twentieth-century Latin America. During his 25 years as commander-in-chief of the armed forces (17 of those as president of Chile), he ruled the nation with force. Chileans view Pinochet as either a patriotic national hero or a brutal dictator, but his role in the disappearance of his political opponents led to an international extradition battle that lasted 17 months.
Augusto Pinochet Ugarte was born in Valparaiso, Chile on November 26, 1915. His father was a customs official, and his ambitious mother encouraged him to embark on a career in the military. His wife, the daughter of an influential politician, was equally ambitious for him. Pinochet proved capable and intelligent, and he rose rapidly in the Chilean army. Early on he became a foe of Communism in Chile, but other than that he seemed not to have any political motivations.
He earned the trust of Chile's president, Salvador Allende, who promoted him to commander-in-chief in the summer 1973. Allende had no reason to question Pinochet's loyalty, but in September 1973 Pinochet led a military coup, had Allende executed, and took over the government. Justifying his actions as necessary to keep the government from falling into Communist hands, he immediately suspended the parliament, outlawed trade unions and political opposition, and a few months later named himself president.
Through the 1970s, the Chilean economy became stronger and the country was politically stable. Many people hailed Pinochet's rule and saw him as Chile's savior. Others, however, saw Pinochet's regime as a totalitarian one. Thousands of the general's political opponents disappeared during his rule. A new Chilean constitution was drawn up in 1980, which gave Pinochet broad power but also called for presidential elections to resume. Organized opposition to Pinochet became stronger; in 1986 an opposition group made an unsuccessful assassination attempt.
When at last it came time to hold presidential elections in Chile, Pinochet lost a referendum that would have made him the only candidate. He lost the election but remained commander-in-chief. He relinquished this post in 1998 but became senator for life (a position he had created for himself in the 1980 constitution).
In October 1998, Pinochet was put under house arrest in London, where he had gone to have back surgery. The arrest came at the request of a Spanish judge who tried to have him extradited to Spain to stand trial for human rights abuses. A 17-month tug-of-war between Spain, Chile, and the United Kingdom, ending when the British government ruled that the aged Pinochet was no longer mentally fit to stand trial. Pinochet was returned to Chile in March 2000. Although his supporters hailed his return, the Chilean government planned to put him on trial. Pinochet's increasing ill health made such a trial less and less likely, and by January 2001 doctors were evaluating his mental and physical condition to determine whether he could withstand the rigors of appearing in court.
Recent Updates
August 27, 2003: After two years of dormancy, a panel of Chilean judges heard arguments on whether Pinochet should be stripped of immunity and tried in the disappearances of five Communist Party Leaders 27 years ago. Source: CNN.com, www.cnn.com, August 28, 2003.
May 28, 2004: A Chilean court revoked Pinochet Ugarte's immunity from prosecution for crimes that occurred during his rule. Pinochet Ugarte's lawyers had argued that he was too ill and demented to stand trial, but his recent public appearances had cast that assertion into doubt. Source: New York Times, www.nytimes.com, May 30, 2004.
August 2004: Pinochet Ugarte was questioned by a Chilean judge about secret bank accounts containing $8 million that he is accused of maintaining. Source: CNN.com, www.cnn.com, August 25, 2004.
August 26, 2004: The Supreme Court of Chile voted nine to eight to revoke Pinochet Ugarte's immunity from prosecution, opening the way for him to be tried for human rights violations that occurred under his dictatorship. As a former head of state Pinochet Ugarte automatically enjoyed such immunity prior to the Supreme Court's vote. Source: CNN.com, www.cnn.com, August 26, 2004.
September 25, 2004: Pinochet Ugarte was questioned by a judge for roughly half an hour about the past disappearances of some of his political enemies. The judge said that he cut his questioning short because Pinochet Ugarte appeared tired and unwell. Source: CNN.com, www.cnn.com, September 26, 2004.
October 1, 2004: The Chilean Internal Tax Service filed charges of tax evasion against Pinochet Ugarte. The charges are based on Pinochet Ugarte's secret off-shore accounts which, the Internal Tax Service claims, were not properly reported on his tax returns. Source: BBC News, news.bbc.co.uk, October 3, 2004.
October 15, 2004: Pinochet's court-appointed doctor diagnosed him with moderate dementia. Source: BBC News, news.bbc.co.uk, October 16, 2004.
November 19, 2004: A Chilean judge froze another $4 million-plus of Pinochet Ugarte's assets. The assets, primarily in the form of property, could be used to guarantee Pinochet Ugarte's payment of fines that he may be forced to pay if he is found guilty of tax evasion. Source: BBC News, news.bbc.co.uk, November 25, 2004.
December 13, 2004: Pinochet Ugarte was declared mentally fit to stand trial on charges related to the disappearances of political opponents during his rule. He was indicted on ten charges: nine of kidnapping and one of murder. Source: New York Times, www.nytimes.com, December 15, 2004; CNN.com, www.cnn.com, December 15, 2004.
December 18, 2004: Pinochet Ugarte was hospitalized after suffering a stroke. Source: BBC News, news.bbc.co.uk, December 18, 2004.
December 20, 2004: A Chilean superior court rejected Pinochet Ugarte's appeal and ruled that he could be tried for ordering the kidnappings and murders of political opponents during his rule. The ruling also allows Pinochet Ugarte's house arrest to continue. Pinochet Ugarte's lawyers are expected to appeal the decision to Chile's supreme court. Source: CNN.com, www.cnn.com, December 21, 2004.
January 5, 2005: The Supreme Court of Chile upheld Pinochet Ugarte's indictment on murder and kidnapping charges. The court also ruled that he should remain under house arrest. Source: Daily Telegraph, www.telegraph.co.uk, January 5, 2005.
January 12, 2005: A Chilean appeals court approved bail of $3,500 for Pinochet Ugarte. However, Pinochet Ugarte's lawyers said that he could not afford the bail because his assets have been frozen as part of the ongoing investigation into his potential tax fraud. Source: Reuters, www.reuters.com, January 13, 2005.
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This section contains 1,040 words (approx. 4 pages at 300 words per page) |
