Former Chilean dictator Augusto Pinochet is facing renewed legal scrutiny as international law advocates celebrate an indictment against him. This development not only represents a significant step for Chilean civil society but also underscores the broader implications for international law. The indictment reopens the possibility of prosecuting Pinochet for his alleged role in the 1976 murder of Orlando Letelier and Ronni Moffitt in Washington, D.C.
On September 21, 1976, Letelier, a former defense minister under the democratically elected President Salvador Allende, and Moffitt were killed in a car bombing on Embassy Row. Letelier had been exiled in Washington after the military coup that ousted Allende. Their assassination was traced back to the highest levels of the Chilean government, leading to indictments against senior officials in Chile’s intelligence and secret police agencies. Notably, Pinochet’s name was absent from those indictments, despite assertions from two FBI special agents and U.S. prosecutor Lawrence Barcella that it was “inconceivable” for Letelier to have been targeted without Pinochet’s authorization.
Following the coup, Pinochet established a regime notorious for human rights violations. Before leaving office after a failed referendum in 1988, he enacted self-amnesty measures. He also secured a lifetime position as a senator, effectively using his political power to evade accountability domestically and internationally.
In 1996, a Spanish court indicted Pinochet for crimes against humanity, genocide, and international terrorism. The civilian government that succeeded him commissioned the Rettig Commission, which reported in the mid-1990s that Pinochet’s regime was responsible for the assassination or forced disappearance of 3,197 individuals. Despite this, the Chilean judiciary hesitated to take action against the former dictator.
The situation escalated in 1998 when a Spanish judge requested the arrest of Pinochet during his visit to London. After a lengthy legal battle, the House of Lords partially upheld the Spanish indictment, but Pinochet was released after being deemed unfit for trial by a medical team. Critics contended that he was feigning illness. In a subsequent interview in 2002, Judge Juan Guzman observed Pinochet’s coherence, declaring him fit for trial. On December 13, 2002, Guzman indicted Pinochet for ten specific acts of kidnapping and murder.
This indictment by Guzman has revived discussions around international terrorism and the accountability of state leaders. Many argue that the United States must also take action, especially in light of the ongoing implications of Operation Condor, a covert network of intelligence agencies responsible for political assassinations across South America. Pinochet played a crucial role in establishing this network, which targeted political opponents far beyond Chile’s borders.
An unsigned indictment for Pinochet regarding the Letelier murder is currently with the U.S. attorney in Washington. The legal community and human rights advocates are calling for action, emphasizing that political murder should not be tolerated in any city, be it Santiago or Washington. As the case unfolds, it highlights the complexities of international law and the importance of accountability for historical injustices.
