Chilean Transition To Democracy - Arrest and Trial of Pinochet and Lagos Administration

Arrest and Trial of Pinochet and Lagos Administration

Further information: Augusto Pinochet's arrest and trial and Chilean presidential election, 1999-2000

Following an agreement between Pinochet and Andrés Zaldívar Larraín, president of the Senate, the latter voted to abolish the date of 11 September as a National Holiday which celebrated the 1973 coup. Supporters of Pinochet had blocked until then any such attempt. The same year, Pinochet traveled to London for an operation. Once there, he was arrested on the orders of Spanish judge Baltasar Garzón, provoking worldwide attention, not only because of the history of Chile and South America, but also because this was one of the first arrest of a dictator based on the universal jurisdiction principle. Pinochet tried to defend himself by referring to the State Immunity Act of 1978, an argument rejected by British judicial system. However, UK Home Secretary Jack Straw took the responsibility to release him on medical grounds, and refused to extradite him to Spain. Pinochet returned to Chile in March 2000. Upon descending the plane on his wheelchair, he quickly stood up and saluted the cheering crowd of supporters, including an army band playing his favorite military march tunes, which was awaiting him at the airport in Santiago. President Ricardo Lagos, who had just been sworn in on March 11, said the retired general's televised arrival had damaged the image of Chile, while thousands demonstrated against him.

Representing the Concertación coalition for democracy, Ricardo Lagos had won the election just a few months before, by a very tight score of less than 200,000 votes (51,32%) against Joaquín Lavín (less than 49%), who represented the right-wing Alliance for Chile. None of the six candidates had obtained an absolute majority on the first turn held on December 12, 1999. Lagos was sworn in March 11, 2000, for a 6-year term.

In June 2000, the Congress voted a new law which granted anonymity to members of the armed forces who provide information on the desaparecidos.

In 2002 Chile signed an association agreement with the European Union (comprising FTA, political and cultural agreements), in 2003, an extensive free trade agreement with the United States, and in 2004 with South Korea, expecting a boom in import and export of local produce and becoming a regional trade-hub.

Meanwhile, the trials concerning human rights violations during the dictatorship continued. Pinochet was stripped of his parliamentary immunity in August 2000 by the Supreme Court, and indicted by judge Juan Guzmán Tapia. Tapia had ordered in 1999 the arrest of five military men, including General Pedro Espinoza Bravo of the DINA, for their role in the Caravan of Death following the 11 September coup. Arguing that the bodies of the "disappeared" were still missing, he made jurisprudence which had as effect to lift any prescription on the crimes committed by the military. Pinochet's trial continued until his death on December 10, 2006, with an alternance (badword) of indictments for specific cases, lifting of immunities by the Supreme Court or to the contrary immunity from prosecution, with his health a main argument for, or against, his prosecution. The Supreme Court affirmed in March 2005 Pinochet's immunity concerning the 1974 assassination of General Carlos Prats in Buenos Aires, which had taken place in the frame of Operation Condor. However, he was deemed fit to stand trial for Operation Colombo, during which 119 political opponents were "disappeared" in Argentina. The Chilean justice also lifted his immunity on the Villa Grimaldi case, a detention and torture center in the outskirts of Santiago. Pinochet, who still benefited from a reputation of righteousness from his supporters, lost legitimacy when he was put under house arrest on tax fraud and passport forgery, following the publication by the US Senate Permanent Subcommittee on Investigations of a report concerning the Riggs Bank in July 2004. The report was a consequence of investigations on financial fundings of the September 11, 2001 attacks in the US. The bank controlled between USD $4 million and $8 million of Pinochet's assets, who lived in Santiago in a modest house, dissimulating his wealth. According to the report, Riggs participated in money laundering for Pinochet, setting up offshore shell corporations (referring to Pinochet as only "a former public official"), and hiding his accounts from regulatory agencies. Related to Pinochet's and his family secret bank accounts in United States and in Caraïbs islands, this tax fraud filing for an amount of 27 million dollars shocked the conservative sectors who still supported him. Ninety percent of these funds would have been raised between 1990 and 1998, when Pinochet was chief of the Chilean armies, and would essentially have come from weapons traffic (when purchasing Belgian 'Mirage' air-fighters in 1994, Dutch 'Léopard' tanks, Swiss 'Mowag' tanks or by illegal sales of weapons to Croatia, in the middle of the Balkans war.) His wife, Lucía Hiriart, and his son, Marco Antonio Pinochet, were also sued for complicity. For the fourth time in seven years, Pinochet was indicted by the Chilean justice.

The Chilean authorities took control in August 2005 of the Colonia Dignidad concentration camp, directed by ex-Nazi Paul Schäfer.

President Ricardo Lagos signed in 2005 the Trans-Pacific Strategic Economic Partnership free trade agreement with Brunei, New Zealand and Singapore. This P4 agreement has entered into force in May 2006. All country members are part of the Asia-Pacific Economic Cooperation (APEC) forum.