Al-Ahram Weekly   Al-Ahram Weekly
15 - 21 July 1999
Issue No. 438
Published in Cairo by AL-AHRAM established in 1875 Issues navigation Current Issue Previous Issue Back Issues

 
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Too big a catch?

By Hisham El-Naggar

La justicia tarda, pero llega -- "Sooner or later, justice triumphs." The saying has a faintly ironic ring in Latin America where, barring a few exceptions, the human rights abuses which were so common in the 1980s have largely gone unpunished.

Thus, it is easy to imagine why the arrest of Gen. Augusto Pinochet in London and the initiation of extradition hearings against him have met with widespread incredulity in South America. And Gen. Pinochet is, undoubtedly, a big catch. Deeply contemptuous of the rule of law, he was not only the most visible of right-wing dictators, but also held on to power well beyond the 1980s, when democracy had been restored to virtually all other countries in the region.

Unlike his peers, Pinochet only stepped down following the approval, by referendum, of a constitution which incorporated immunity from prosecution for himself and his associates. It also provided for the "reservation" of army posts, and seats in the Senate, for his cronies. Democracy or not, Pinochet would retain considerable influence over the country's affairs.

But why did the Chilean people settle for this state of affairs? First of all, there was widespread agreement that Pinochet would not loosen his iron grip without a quid-pro-quo. Second, Pinochet's policies have long been rated -- by quite a few of his countrymen, and rather more foreigners -- an economic success story.

Pinochet
Pinochet in his prime. As commander of the Chilean Armed Forces he listens attentively to a military band playing on the anniversary of the coup that overthrew the popularly-elected government of Salvador Allende (photo:AFP)
He came to power by overthrowing the popularly-elected Allende government, which was avowedly Marxist, but nevertheless scrupulous in observing the rules of democracy. Certain foreign investors -- mainly Americans -- with interests in Chile were not so scrupulous, however; and the CIA, which played a key role in Allende's overthrow, most certainly had no scruples.

Trampling over hundreds of corpses on his way to the presidency, Pinochet lost no time in changing Allende's moderately socialist policies for orthodox IMF-type austerity. Repression, political murders and "disappearances" perpetrated by the security apparatus were the standard response to any hint of opposition. A deep recession and the near-pauperisation of Chile's hitherto more-or-less buoyant middle class ensued.

Pinochet did, however, achieve something, insofar as he became the darling of the "international financial community," slaughter and repression notwithstanding. Chile was touted as an ideal place for foreign investment, thanks to its low wages and docile labour force. Policies designed to lower labour costs, substantial foreign investment, hard work and an increasingly dynamic home-based entrepreneurial class finally turned the country around. Recession gave way to an export-led boom, and by the mid-1980s Chile was considered a "Latin Tiger".

Repression continued until domestic resistance and foreign criticism together compelled Pinochet to let go of power. There followed a difficult transition, which has not yet come to an end. Under two democratically elected presidents, Patricio Aylwin and Eduardo Frei, Pinochet tenaciously held on to the post of commander-in-chief of the armed forces. Only last year did he finally relinquish the position and assume a "life-time" seat in a senate packed with non-elected members of his clique.

It was in these circumstances that Pinochet decided to go to Britain for a hernia operation. Balthazar Garzon, a Spanish judge, seized the opportunity and requested the former dictator's extradition for plotting and implementing policies which not only represented gross violations of human rights in Chile, but also abroad (kidnapping Chilean exiles in neighbouring countries was a favourite activity of DINA, Pinochet's answer to the CIA). According to an international convention signed by Britain, Spain and Chile, diplomatic immunity is of no avail in the face of such charges.

The British justice system finally agreed to detain Pinochet pending review of the charges. Many who had suffered under his regime hailed the decision (irreversible in the case of Spain, but subject to appeal in the case of Britain) as manifesting a highly desirable "globalisation" of justice.

Rather more striking, however, was the decision of the mainstream right to stand up for Pinochet, citing his economic record and arguing that human rights violations were a small price to pay for prosperity. Britain's former prime minister Margaret Thatcher made a point of visiting the Pinochets in the opulent Surrey residence to which the former dictator has been confined. "A national disgrace," she pontificated in a tone recalling the worst of her glory days. Pinochet, she reminded her embarrassed countrymen, had been Britain's "staunch ally," providing invaluable aid to the British task force in the Malvinas/Falklands war -- that famous war in which, it was claimed at the time, democracy struggled heroically against a fascist dictatorship.

And not a few Conservative leaders, seconded by some American Republicans, began campaigning for Pinochet's release on "humanitarian grounds". Justice could hardly be served, they maintained, by jailing an octogenarian -- an argument which infuriates those who remember that age was never any protection against DINA's wrath.

In Chile itself, the Pinochet affair resulted in an explosive conflict which, some feared, could imperil the transition to full democracy -- and this at a time when a mild recession is plaguing the economy. Hard-line Pinochet supporters demonstrated noisily as his opponents cheered at the arrest. The armed forces, led by a Pinochet appointee, showed signs of restlessness.

Even in his old age Pinochet continues to divide his country. "Not to mention the world," chuckled a Chilean student residing in Buenos Aires, surprised that former and current party leaders from democratic countries could speak up for so anti-democratic a figure. Equally remarkable is the sincere patriotism of most Chileans. Yes, argue left-wing politicians like Ricardo Lagos, a strong candidate for the presidency, Pinochet is considered guilty of many horrors. But his crimes were committed in Chile, and Chile alone should judge him. Lagos failed to mention that the amnesty written into the constitution makes it nearly impossible to prosecute Pinochet in Chile. Thus far, only a couple of human rights cases tried in Chile have ended in custodial sentences.

What if Pinochet is released and sent home? No one can be sure how he would be greeted by his countrymen. What is certain, however, is that even the Chilean right, including the party hitherto most closely identified with Pinochet, is now distancing itself somewhat from their patron saint. Anxious to gain power through elections, few politicians fancy being seen as "Pinochet's underlings". The "international community" -- this time not financial, but judicial -- appears to have shown them the way.


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