ASSOCIATION OF JURISTS CHILEAN BRANCH
1117, Of. 632 Huerfanos, Santiago
August 27, 2004
The Supreme Court has confirmed the Santiago Court of Appeals
ruling that deprived the former dictator Pinochet of immunity
from prosecution. Regarding this decision, the American Association
of Jurists, Chilean Branch, states:
1. We commend the ruling that, for the second time, has stripped
Pinochet of immunity from prosecution for the atrocious series
of crimes known as Operation Condor, committed in the Southern
Cone by the sinister DINA in conjunction with repressive entities
of Argentina, Uruguay, Paraguay and Brazil. This "operation,"
an expression of international terrorism and political genocide
repudiated throughout the world, was headed by Pinochet. Under
his leadership, the initial meeting to create Operation Condor
was convened in Santiago in November 1975.
2. The Supreme Court ruling is an important step forward in
bringing an end to impunity, and it encourages us to redouble
our efforts in the fight for justice. Above all, it is a victory
for family members of the victims of repression who have never
tired and never ceased to demand Truth and Justice.
3. Deprived of immunity, Pinochet has the same legal conditions
as any other defendant, and in this case, probable cause of
his involvement in the crimes has been amply established.
Consequently, the Code of Criminal Procedure must now be applied,
beginning with the initial defendant declaration and indictment
of Pinochet as set forth in law.
4. Regarding the medical examinations the defense may request,
these must be conducted after the indictment and must be carried
out by competent institutions, with experts assigned by plaintiffs
and in presence of the lawyers of both sides. Procedures must
be conducted in an efficient and impartial manner.
5. The American Association of Jurists urges human rights
advocates to continue the fight against impunity and for justice,
and to seek full compliance with principles and norms of international
law that prohibit amnesties and statutes of limitations in
crimes involving human rights violations.
Graciela Alvarez, President
Fabiola Letelier del Solar
to Human Rights Today