Letting the Law Prevail in Chile

Gen. Augusto Pinochet is still very far from spending time in prison for the atrocities committed against political opponents of his dictatorial rule in Chile from 1973 to 1990. However, the groundbreaking decision by a Chilean judge to indict Pinochet for some of the human rights crimes committed during his regime has hit a nerve.

Judge Juan Guzman is pursuing kidnapping and murder charges involving a military squad known as the Caravan of Death that traveled the country in 1973 picking up political prisoners and “disappearing” them. The bodies of 19 of the 74 people seized by the caravan have never been found.

The hurdles faced by Guzman’s order last week to arrest and try Pinochet are many, including required tests to determine whether the former dictator is mentally fit to stand trial.

Pinochet’s defense lawyers are seeking to remove Guzman from the case, charging bias, and a court of appeals has given the judge until today to explain why he indicted Pinochet. The appeals tribunal will meet Wednesday to confirm or repeal the indictment.

Pinochet certainly still has supporters in Chile. The commander of Chile’s armed forces has been quoted as saying the ruling against Pinochet “compromises the climate of peace and tranquillity prevalent in the country”; he and other top military commanders were to meet today with President Ricardo Lagos about the case. Lagos, of course, should remind the commanders that the civilian judicial system is handling the case within the law, and that’s where it should remain.

Chile has become a settled democracy with a vibrant economy. The debate over indicting Pinochet is certain to be a disturbing one, but it need not be shattering for Chile.