Chile and Pinochet: The Legality and Legacy of Violence Beneath the Ocean

This post can also be read in the FPA's Latin America Blog.

In 1973, the murder of elected President Salvador Allende of Chile and many left wing and party supporters became the model of how repression and dictatorship in Latin America would dominate much of the region into the mid 1980s, and for Chile, consume the legal system and keep the nation in traumatic debate well into the new millennium. In a PBS documentary broadcast on August 19th 2008, filmmakers Elizabeth Farnsworth and Patricio LanFranco explore how one of General Pinochet's conservative judges at the time was now in charge of investigating the "disappeared" under Pinochet's rule since 1973. With the debate on Pinochet having its international rebirth in 1998 when he was detained in the United Kingdom on a question of whether he could be extradited to Spain for charges against him for conspiracy in the murders of a handful of Spanish nationals in the 1973 coup, the motivation for Chileans to challenge Pinochet's indefinite power in the Chilean political system and to question the old regime finally was presented to our Judge in charge of rewriting the past of a divided country. In their PBS documentary film The Judge and the General Judge Juan Guzman is interviewed and the past of Chile is examined as we follow his challenge in finding evidence after thirty years and his numerous troubles in charging and bringing justice to many of Chile's most important historical and current leaders.

The reality in Chile is often a surprise for many outside of the country who may not understand how Pinochet remained in power for so long and how a society could be able to challenge their past with many of the key figures in 1973 still obtaining so much influence and support in the country today. Many Chileans who were targeted by the government often left, if able to leave, or were arrested and murdered in their own country for their political ties and ideals. Many Chilean communities arose as refugees since that time and remain as strong contributors to their new nations. Like Judge Guzman himself, many in Chile at the time did not know of the repression occurring in their country, as much of the discussion was closed at the time and since then until relatively recently, and those who were disappeared often received more attention outside of Chile than inside the country. Much of this came in a lack of discussion by the repressed in the country by way of terror by the government, and by ideals which saw left wing movements as creating the narrative in order to unfairly discredit the leaders of the coup at the time. As many did not see in Chile, Guzman himself admitted to being unable to see beyond the political struggle at the time and closed to the limitations of media and the terror which was set upon political opponents of General Pinochet at the time. In the narrative of the documentary Guzman makes the clear point that evidence of the past criminal actions were sunk under the sea, physically and metaphorically, in an effort to erase the "disappeared" from history. Fortunately the Judge was made aware of this fact in his investigation and took to rediscovering the dead off the Chilean coast and finally succeeded in opening a legal case in Chile against its former dictator.

Like many situations of past repression and genocide, nations often are not able to prosecute past leaders of nations as their regime still remains in power or is able to limit discussion of their past actions due to current fears of reprisals in the country. Like Chile, much support in country which historically had strong institutions and government can turn into repression and violence if enough limits are placed on free debate and media, but also where some governments are supported, either innocently or directly, by a populace that may benefit from a change in power in any country. Chile, as a country which had some of the most vibrant political movements in Latin America was torn apart by infighting between left wing policies and violent reactions by right wing movements which set trauma as one of the main characteristics in Chilean society. While Judge Guzman will never fully succeed in his actions, the dialogue itself creates its own value in rewriting a history which has all but disappeared itself. The documentary film can been seen by clicking here.