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Chile's
Leader Presses Rights Issues Softly but Successfully
By
Larry Rohter
The New York Times
September 7, 2003
SANTIAGO, Chile,
Sept. 6 — After several years of uncomfortable silence,
the question of how to redress the human rights abuses of this
country's violent past is once again on the public agenda. President
Ricardo Lagos, the courts, opposition parties and even the military
are searching for ways to achieve the reconciliation they all
say they want.
The Socialist-led government has announced a plan that would force
wrongdoers in the armed forces to account for their actions in
the courts. But in an acknowledgment of political realities, it
has shied away from demands by some rights groups, hunger strikers
and other protesters that it seek to overturn an amnesty law imposed
by Gen. Augusto Pinochet 25 years ago.
"Since the return
of democracy in 1990, there have been three big pushes" to
resolve the human rights issue, one by each of the governments
that has taken power, said José Zalaquett, co-director
of the Center for Human Rights at the University of Chile. The
Lagos administration has taken the most extensive action, he said,
but the government remains haunted by the fear that "you
can still lose the vote in Congress, and then you're done."
Some of the impetus
to bring the issue forward has to do with Chilean history. Sept.
11 will be the 30th anniversary of the military coup that overthrew
the leftist government of Salvador Allende. Relatives of the estimated
4,000 people killed or missing then or afterward have seized the
occasion to press the government and stir public opinion.
But events in Argentina
have also had an effect here. Since taking office in May, President
Néstor Kirchner has removed generals linked to rights abuses,
successfully pushed Congress to revoke a pair of unpopular amnesty
laws and lifted a ban on the extradition of rights abusers for
trial abroad, leading to the detention of 40 of the worst offenders.
"Kirchner shows
that when the political will to act exists, many things can be
done," said Lorena Pizarro, president of the Group of Relatives
of the Detained and Disappeared. "That is exactly what we
need here and do not have."
Other analysts say
the government is working quietly to pursue rights abusers and
has made much progress. "Lagos's approach is softly, softly,
the very soul of discretion, but it seems to be working,"
said Sebastian Brett, the local representative of Human Rights
Watch.
For example, judges
appointed exclusively to investigate human rights cases have opened
proceedings against more than 300 military officers, including
22 generals, who are accused of abuses during the Pinochet years.
"To a large extent, judges are ignoring the amnesty law for
the purposes of investigation," Mr. Zalaquett said, and no
court has applied the amnesty law since Mr. Lagos took office
three years ago.
The amnesty law was
meant to be all-inclusive. But in recent years, especially since
General Pinochet was detained in Britain in 1998, judges have
ruled that it does not apply to "continuing crimes"
like unsolved cases of forced disappearance.
Last month, Nelson
Mery, the director of the national investigative police, was forced
to step down after a former prisoner accused him of having sexually
abused her while she was detained during the Pinochet era. The
woman also said that he had been present while other prisoners
were tortured. An investigation seeking to indict him is under
way.
In addition, a general
from the Pinochet secret police, known as DINA, and one of his
operatives are being held on charges that they took part in the
1974 assassination in Buenos Aires of Carlos Prats, General Pinochet's
predecessor as chief of the armed forces. Argentina has asked
for their extradition, but the Chilean judges have indicated a
preference that they be tried here.
The current military
leadership, eager to improve the image of the armed forces, has
also been working behind the scenes to resolve outstanding scores.
Last month, eight high-ranking retired generals signed a letter,
reportedly orchestrated by the current army commander, Gen. Emilio
Cheyre, in which they acknowledged that they had exhumed and then
hidden the bodies of political prisoners during the Pinochet era.
They apologized for "the pain these actions have produced."
Mr. Lagos's comprehensive
new human rights proposal, announced last month, is expected to
be submitted to Congress next month. It calls for more judges
to investigate rights cases and for increased efforts to recover
and identify bodies of victims from the Pinochet era, but its
main feature is a calibrated, carrot-and-stick approach to dealing
with human rights offenders.
Under the plan, low-ranking
military or civilian officials who come forward with information
about instances in which people disappeared or were tortured or
executed and who describe their role in such cases can be granted
immunity from prosecution. The sentences of some higher-ranking
offenders could be reduced in return for such testimony, but it
is intended to build criminal cases against the top brass of the
military and intelligence apparatus who gave orders to kill and
torture.
The proposal has
divided human rights groups and victims' groups. The relatives'
group and some left-wing parties have denounced the Lagos plan
as a means for "expanding impunity," but other organizations
regard it as offering the best prospects for forcing the guilty
to account for their actions.
"There is a
difference between impunity and immunity, and so long as this
proposal maintains that distinction, it constitutes an advance,"
said Pamela Pereira, a lawyer for the Prats family and for a daughter
of one of the people who disappeared. "The courts are where
responsibility for human rights abuses should be established,
and this plan adheres to that logic."
Mr. Lagos has also
offered to increase the reparations paid to victims' families
by 50 percent, to about $700 a month. But Ms. Pizarro criticized
the offer, saying, "We don't want just economic reparations,
we want justice too."
At a news conference
here this week, Mr. Lagos said Chileans must recognize that there
are limits to what government can do. The plan is "a step
forward," he said, but "this chapter can never be closed."
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