The Case of Pinochet

Yes, Pinochet’s immunity status should be respected:

RESPECT FOR IMMUNITY

Under Chilean law, General Augusto Pinochet had the authority as dictator to grant himself immunity as a lifetime senator.  By exercising this authority, Pinochet has lawfully retained immunity from prosecution abroad. Pursuant to traditional international laws of immunity, the global community has a duty to respect this provision of Chile’s constitution.

International principles of sovereign territoriality require that Pinochet’s immunity for crimes committed in the Country of Chile be respected. Denying Pinochet’s immunity is a blatant violatin of such territoriality. This offense against the nation of Chile and its sovereignty is something that concerns not only Chileans, but all those in the world who wish to apply with good will and loyalty, the delicate principles regarding respect for the sovereignty of nations, the territoriality of justice, and diplomatic immunity.

Denying Pinochet’s immunity could bring to the surface the social divisions that Chile has worked so hard to eliminate. The success of the democratic transition is based on reconciliation and forgiveness, and Chile must not squander its progress toward a democratic society b opening up the wounds of the past. Chile’s return to domestic tranquility is best dealt with by Chile, regardless of whether or not the international community understands or agrees with such methods.

The lack of a concrete international law, and the inconsistency with which former dictators are pursued set up an ambiguous legal system, which invites the global community to selectively police human rights atrocities based on irrelevant characteristics such as the dictator’s political ideology or current economic power. As a result, former tyrannical dictators who still have some sort of economic bargaining power will effectively avoid prosecution for human rights violations, while those who lack such bargaining power will be subject to it.

While Pinochet’s actions during his dictatorship may have been actionable in the past, political and economic relationships have subsequently emerged between other countries and Chile; and it is now necessary to deal with Chile as a member of the world community for the benefit of all countries. For example, Britain has depended on Chile as a military air bridge for the Falkan Islands. In addition, Chile is a major consumer of British aircrafts and ships. Denying Pinochet’s immunity for crimes committed decades ago could ruin these relationships and consequently disrupt the stability of both the British economy and the British military. For these reasons, Britain’s duty to maintain the domestic protection and economic welfare of its citizens requires that it respect Pinochet’s immunity.

No, Pinochet’s immunity status should not be honored:

INAPPLICABLE IMMUNITY

The immunity that Pinochet claims to enjoy based on his diplomatic passport is only aimed at protecting people who are traveling to a country as diplomats. Given both the absence of an assertion by the Chilean government that Pinochet was going on a diplomatic mission to London, and the obvious medical reasons for the trip, it is clear that Pinochet was not in London as a diplomat. Therefore, even assuming that he has immunity as a diplomat, it should not be honored for the purposes of his London trip.

The fundamental nature of human rights requires that violations of such be prosecuted, regardless of territoriality. To honor Pinochet’s self-awarded immunity status would set a precedent for ignoring a human being’s fundamental rights for state purposes. The arrest of Pinochet puts a limit to the arrogance of those who suppose that in the name of the need to protect the national interest, they are entitled to dispose of the life and honor of citizens without minimal respect for the basic precepts of the rule of law.

In addition to the globalization of the economy, a globalization of human rights has occurred. In order for Chile to participate in this transformation of human rights law, it must make the moral adjustment that the rest of the world expects of them. Doing this requires a denial of Pinochet’s immunity protection in order to judge him based on a new globalized human rights law.

In order for Chile to return to the international community as a true democracy and not a phony one, it must address the internal contradictions that currently underlie its society. Such divisions can only be addressed by ignoring Pinochet’s immunity status and trying the dictator for the human rights violations that divided Chilean society. The key to Chile’s future lies in putting the past to rest, and this cannot be accomplished by participating in this selective amnesia with regard to human rights atrocities.

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