Iron-fisted autocrat remorseless to the end

The former Chilean dictator remained stubbornly opposed to any efforts to bring him to trial, writes Chris Moncrieff.

THE ruthless Chilean dictator General Augusto Pinochet, under whose rule thousands of dissidents disappeared, became a hate figure for left-wingers worldwide from the moment he seized power in his country in 1973.

It was a hatred which was to dog him right up to his death, more than 15 years after his downfall in 1990. Even as he died, he was facing multiple charges of kidnapping, torture and murder and accusations of fraud, tax-evasion and drug-trafficking.

His last years were dogged by legal moves over his immunity as a former head of state from his alleged human rights crimes. On occasions, by this time a very old man, his poor health was used by lawyers to prolong his immunity — not always successfully.

Ironically, it was during Pinochet’s private visit to Britain in 1998 that his apparently secure position of immunity was smashed. He was arrested in London at the request of the Spanish government, which wanted him extradited to face charges over the disappearances and murders of Spaniards in Chile.

That extradition did not take place. British Home Secretary Jack Straw ruled that, on health grounds, he should not be extradited, and Pinochet returned to Santiago and a hero’s welcome in March 2000.

The decision to release Pinochet was greeted with rejoicing by Margaret Thatcher, fury by Spain and ill-disguised rage by his opponents.

But after five months, Chile’s Supreme Court stripped him of his immunity and on December 1, he was indicted on kidnapping charges and put under house arrest.

During his long army career, Pinochet had hidden his right-wing sympathies to such an extent that even the clever left-wing President Salvador Allende was taken in.

In August 1973, he appointed Pinochet head of the Chilean army. It was a catastrophic error.

Three weeks later Allende was dead and Chile was embarking on 17 years of oppressive military dictatorship under Pinochet.

Such was the authoritarian nature of Pinochet’s rule, he once boasted “Not a leaf moves in this country if I’m not moving it.”

He was born in Valparaiso on November 25, 1915, and joined the military despite the wishes of his father who wanted him to study medicine.

He was an arch-nationalist who referred to Chile as “the fatherland”, and an admirer of Spain’s Francisco Franco.

The general also regarded himself as an English gentleman, saying London was his favourite city after Santiago. On his visits he would go shopping in Burberry’s, Harrods and Fortnum & Mason.

In 1988, Pinochet organised a referendum which he expected would endorse his ambitions to continue.

He was shocked when he lost and eventually agreed to step down in 1990.

Pinochet insisted on guarantees that he would remain head of the armed forces for another decade.

He also remained legally protected from prosecutions over human rights abuses.

But he failed to grasp that his position abroad was less secure — a mistake which led to his arrest in London on October 16, 1998.

He had suffered back problems during his flight to Britain, on September 21, 1998. On his arrival he was given a VIP welcome by the Foreign Office and a few days later was having drinks with Lady Thatcher at her Belgravia home.

He underwent back surgery at the London Clinic, near Harley Street on October 9, but a week later was arrested there at the request of Spanish judge Baltasar Garzon.

Then, in what seemed a boost for Pinochet, on October 28, the British High Court unanimously ruled that he was “entitled to immunity as a former sovereign from the criminal and civil process of the English courts”.

By then, Pinochet had been moved to a private psychiatric hospital, and the legality of the Spanish proceedings had been affirmed by the 11 judges of Spain’s National Court.

On November 11, the formal extradition request, signed by Judge Garzon reached Mr Straw. It implicated Pinochet in about 3,000 deaths.

On November 25, his 83rd birthday, the Law Lords, in a three-to-two judgment ruled he was not immune from prosecution.

Pinochet was kept under house arrest until his subsequent departure.

Mr Straw set in train an Authority to Proceed instrument by which a formal extradition request was passed to the British courts.

At Belmarsh Magistrates’ Court in south east London on December 11 — his sole court appearance — Pinochet said he did not recognise the right of any court outside Chile to hear “all the lies of Spain”.

The following March, the Law Lords upheld the decision that Pinochet did not enjoy immunity.

And in April, Mr Straw gave the extradition the go-ahead. But the bitter battle continued, even after Bow Street Magistrates committed Pinochet on all 35 charges, saying “all the conditions are in place” to require Pinochet to await Mr Straw’s final decision.

The year 2000 had barely dawned when Pinochet underwent seven hours of tests in London, to assess his fitness to be extradited. A few days later, Mr Straw said he was “minded” to release Pinochet on the basis of his medical reports.

This was followed on March 2 by the decision that Pinochet should not be extradited. He returned home to a hero’s welcome. But more questions were raised about his health as he abandoned his wheelchair and walked away unaided from the aircraft.

Within six weeks, more trouble flared. A Chilean court started to deliberate whether Pinochet should stand trial, and in August 2000 Chile’s Supreme Court stripped him of his immunity.

And on December 1, he was indicted on kidnapping charges and put under house arrest.

However, the cases were dismissed on medical grounds (dementia).

Pinochet resigned from the senate and rarely made public appearances. However, in 2004, the Court of Appeals voted to revoke his dementia status and consequently his immunity from prosecution.

He was also arraigned on tax fraud and foreign bank account charges, misappropriation of funds and bribery.

Pinochet and his son Marco were accused this year of producing chemical and biological weapons and the sale and trafficking of cocaine.

In October, he was charged with kidnapping, torture and murder.

Pinochet’s past

Key dates in the career of General Augusto Pinochet:

* August 23, 1973: Named commander of the Chilean army by Marxist President Salvador Allende.

* September 11, 1973: Leads bloody military rebellion against Allende, who committed suicide in his presidential palace under air and ground attack.

* December 11, 1974: Pinochet, until then head of a four-man military junta, takes the title of president of the republic.

* March 11, 1981: Pinochet is sworn in as president according to newly written constitution.

* April 1982: Supports Britain in conflict with Chile’s neighbour Argentina over Falkland Islands.

* May 1983: Pinochet regime faces first widespread protests; reacts with strong repression.

* September 7, 1986: Survives attempt on life by pro-Communist guerrilla gang. Five bodyguards are killed.

* March 11, 1988: Signs law restoring legal political parties, except Marxists.

* October 5, 1988: Loses referendum that would have extended his rule eight more years.

* December 16, 1989: Loses presidential election to Patricio Aylwin, a Christian Democrat.

* March 11, 1990: Pinochet hands over presidency, remains army commander.

* January 20, 1998: The Communist Party files first criminal suit against Pinochet for human rights violations during his regime. Many more suits would follow.

* March 10, 1998: Pinochet steps down as army commander, enters Senate as senator-for-life, a post created in the constitution written by his regime.

* October 16, 1998: While recovering from back surgery in England, Pinochet is arrested on a warrant issued by Spanish judge Baltasar Garzon.

* March 2, 2000: Pinochet allowed to return to Chile because of deteriorated health.

* January 2001: Judge Juan Guzman issues first indictment of Pinochet on human rights charges. But case falters because courts rule poor health rules out a trial.

* July 2004: A US Senate investigation reveals that Pinochet has a fortune in foreign bank accounts, estimated by a Chilean judge at $28 million (€21m). Pinochet is indicted for tax evasion.

* November 25, 2006: On his 91st birthday, Pinochet issues a statement taking “full political responsibility” for the actions of his government.

* December 3, 2006: Admitted to hospital after suffering acute heart attack, undergoes angioplasty.

* December 10, 2006: Pinochet dies at age 91.