TRANSITIONAL JUSTICE: THE CASE OF CHILE

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Abstract

Transitional justice refer to an area of ​​activity and research that focuses on the confrontation of societies with past violations of human rights, large-scale massacres or other violent social traumas in order to build justice, a more democratic, fair and peaceful future. Basicly, be confronted to the past, and to be rebuild a new democratic life. Transitional justice be contained the judicial system and punishment, recover the imperfections. It is the model that allows the country to enter into order after authoritarian systems. Chile transitions different than the others. More limited and jurisdiction is more defective than others. This paper included Chiliean transitions, jurisdiction,violations,crimes in Pinochet Era.

Key words: Transitional Justice, policy,authoritarian, conflict

Introduction

   Transitional justice is the model of organizes concepts in which societies can address major human rights violations, collective violence or other forms of severe trauma to revitalize peace in society. “Transitional justice has rapidly grown for a minor area of investigation into a massive inter-disciplinary field of study full of promising  avenues for academic research and practical experimentation.” (Paola Cesarini)  And the Teitel said that the unresolved transitional justice problems were an impact of democracies. This model, about the political variables, were used in  comparative politics.

International Center for Transitional Justice

    According to  the Internal Center for Transitional Justice;

“Establishing responsible institutions and trusting them,
 Ensuring access to justice for the most vulnerable people in society following the violations To ensure that women and marginalized groups play an effective role in seeking a fair society,Respect for the rule of law, Facilitate peace processes and promote lasting resolution of conflicts, Establishing conflict and marginalization,To develop the cause of reconciliation .”(International Center for Transitional Justice)

Transitional Justice  and Transitional Justice Measures

    Transitional justice was understanding norms, differentiates and leads to operationalization and tests.“Transitional justice; All elections and the quality of justice should the new leaders replace the authortarian precursors considered to be responsible for criminal proceedings.” (Siegel,1998)

The words are using synonyms criminal prosecutions of former authoritarian rulers. ( genocide, cleansing, rape,torture e.t.c.) Transitional justice exceeds criminal prosecution.

 Authoritarian record, purges,reperations, transitional and community-based mechanism of resolution include the process.

Democratic and socio-economic reforms prevent future authoritarianism and large-scale persecution.

Teitel said that transitional justice situates to countries experiencing democratic transition. We can say it’s about the regime. We can not impossible to speak totalitarian regime to authoritarian regime, because ıt is not democracy in. This model has not included a positive purpose or good thing, because coming from injustices times. Authoritarian societies rule has not included a good purpose or mercy.

The legitimate elections of post-authoritarian societies do not crush the legacy of the previous oppressive system because they need to build a future based on peace and democracy.

Transitional justice has a redraw boundary about the societies because they divide 2 parts ( good and bad ,victim and aggressor etc)  Hands of the state was using violence to the  public and them massive human rights abuse.

They ultimately determine severely divided society embarks on a path toward pacification and  eventually politically reconciliation

Transitional justice can be restorative and retributive. It depends on the punishment of the perpetrators of the atrocities and the political moral and material rehabilitation of the victims.

It can be restrospective or prospective depends on former past misdeeds. Also It can be exclusive or inclusive depends on the management of victims and civil societies through the cooperation of a limited and isolated decision-makers. Actors can be endogenous or exdogenous depends on entities.

The main solving problem; According to countries strategy, judicial problems and actors. Each country has its own internal and external accountability actors. Latin American transitions were grown in the 1980s to understand contemporary developments accountability.State-level transitions choices about the amnesty. Amnesty used those private actors. Because about the post-transitional accountability postponed.

Key actors were very important for  this issues.  Keys were private actors and national courts. These keys were and help to solve problems They have analyzed the details.

International criminal courts must first consider whether they are involved in domestic policy. Orentlicher speech about this topic;  Domestic policy removed brutal crimes ın the provincal area.

International criminal courts guarantee that they will be impartial, but also equal under the law. But domestic courts is not guarantee.

International jurisdiction may support national punishment transitional justice penalties by forcing national courts in post-authoritarian regimes to address cases of previously prohibited cases.( it happened in Chile)

First and foremost, they claim to be the necessary forerunner of the political order for successful democratization when there is a transitional covenant that rejects justice for past victims of mass atrocities. They cannot see that the revenge drive in the victims will take action and the democratization process will become more difficult.

Criminal transitional justice generally states that institutional reform often contributes to the transition to democracy, or much more than previous leaders and followers. This incident that harms the social structures that the neighbor harms the neighbor. This measures should be taken to correct them.

The proceedings can exclude alternative transitional justice measures, and then remove the flexibility of addressing the country’s complexity from the plight of the authoritarian regime.

Criminal transitional justice does not exterminate the shared problem of guilt.

Samuel Huntington said that “a general amnesty for all provides  a far stronger base for democracy than efforts to prosecute one side to other”.  This comment is difficult to accept for the victims. The brutality of a former authoritarian regime was usually completely legal when applied.

Criminal transitional justice is often reduced to the election of the prosecution of symbolic cases. New elected democratic governments to forgive perpetrators for the collective brutality rather than prosecute them.

International prosecution undermines national extrajudicial reconciliation efforts carried out by a newly democratic society to deal with its questionable past. (Henry Kissinger, 2001)

International Courts created for the high human rights abuses International criminal justice reflects the value of the west, very little or carefree about the methods of resolution of domestic disputes, reflecting western values.

Restorective is based on historic transitional justice. It is main idea comes from the truth of the past regime. It is established for the truth rather than punishment of perpetrators. “Historical judgement with a potential consensus, predicated on truth’s dissemination and acceptance public sphere” (Teitel, 2000, 81-83 emphasis added). The model is based on social truth and national collective memory. Transparencies are  an important thing in its. The purpose is to improve the society and victims and build a new democratic future. “Truth commission”  is supported this model. Focusing on past misdeed and symbolic public rituals and group responsibility, amnesty for petpetrators.national reconciliation.

This model needs to focus on victims, individual cases and reform institutional or cultural for the society. Because healing begins  society.

One of the main objectives of this model is to solve the cases that the system is trying to cover. These mechanisms other aim is recommendation institutional and cultural reform  and  “non-judicial sanctions against named such as banning  them from public positions of authority” ( Hayner, 2002:132)

This mechanism is investigated all sides of atrocities. The truth commission is asked to open a country’s history to reclaim and examine the public. But some parts against the historic transition justice;post-modernists, mental health experts e.t.c.

“Where collective political disasters occurred, institutional intervention was to forget and neutralize.”(Marques  et al, 1997;254-255) He said that what’s the point of this mechanism  because ıt is not helped to heal.

Reparation is an important step for the victims helping them to adapt to their civilian citizenship and joining the public rituals.

Administrative transitional justice, search reinteragte or rehabilitate who had been purged by an authoritarian regime. This regime removed people from almost all sectors

Administrative transitional justice was severely demanded by the victims and opponents of the previous authoritarian regime, as well as by special supporters of democratic reform. This mechanism main idea is helped reestablishing “civic trust” and re-legitimize the institutions and structures.

Redistributive transitional justice is perpetrators social and economic consequences and ramifications. The main goal is provided justice and equalized on the socio-economic position between past and new ones. This one is done for social-economic discrimination in the past authoritarian regime and this mechanism is fixed. An authoritarian system is abused the collective socio-economic dimensions. Redistributive transitional justice,is supplied opportunity of a socio-economic way for the unjustifiable, inequality and be discriminated by the former regime. These measures are about social and economic rights. This model the most radical purpose is social and economic playing field so as to approximate equality.

But this model may create chaos and revenge between elite groups and the public. Because of elite groups against this mechanism. Victims material need is so significant ( health care, education etc.)

According to “Snyder and Vinjamuri” realists are believed that prosecutors should be respected for the former political leader.  According to Walling constructivists said that this problem threatens democracy and abused human rights.

“When democratization results out of a collapse of the authoritarian regime, dictators are severely weakened and in turn, transitional justice is more likely to take place. (Huntington 1968, O’Donnell 1986)

Because both civil society and the international community are opposed to institutionalized amnesia over a long period of time, even the most transitional period is long-term justice during the vulnerable transition period. Chile is the example of that. Many countries used “pacted” democratization but ıt is not a pragmatic. Only state can create a new “democratic” life rather than the keys actors. State can create a new vision and new future for the public.

According to many scholars only state can take the responsibility for the past horrors events and atrocities and provide future human rights abuse.

Traditional political parties are important to the transition, because they play fundamental role in this times. Political organizations are rising in transitional justice  Therefore political parties are supported to transitional justice, Some scholars said that international actor  help the democratization process but  IS ıt  harm  to national sovereignty?

Political scientist are quick to conclude that “there is no strict casual link between measures of a retroactive juctice and natüre of a newly democratic regime” (de Brito et al, 2001:35)

There are factors that are more effective than the country’s choice of transitional justice. Internal and external factors can be affective rather than the transitional justice choice’s.  The choice of transitional justice also affects the democratization process. This can make the situation be  difficult depending on process.

Process is changing to country, some choice’s can be create a revenge or worse.

According to “Cesarini” two stage  approach study to transitional justice’s  in shaping the quality of the post-authoritarian democracies over time. ( Cesarini,2009)

 Transitional Justice “Regime”

A distinctive and permanent set of socially constructed principles, institutions and narratives that have fulfilled the duties of authoritarian actors to fulfill justice in transition in time. The transition period has evolved and settled in countries after a period of time. Transitional justice is contributed to democracy in some countries.

According to the decision of the general opinion,country’s  transitional justice is impacted to democratic consolidation. According to academics, the country’s transitional choice of justice is one of the factors affecting the democratization process, especially in historical ones. Because historical ones are more complex, long-lasting, broad-based and  shifting rather than others. According to scholars, we are perused to factors that push democratic societies to reconsider the transition to justice in the post-decade period after the regime transition. Retributive justice is included judicial and intitutionals expedients. It also reflects the importance of civil and political rights in the current democratization discourse.

This model explain the criminalized  and according to Colleen Murphy; “why punishment is just assume that there is nothing especially suspect or problematic about either criminal law or the state” ( Colleen Murphy , Theorizing Transitional Justice)

Retributive Justice; trials ( domestic, international hybrid according to country). Some countries involved external actors, for example Chile.

CHILE: THE PINOCHET YEARS

The Chilean transitions are considered to be one of the most limited in democratic literature in the literature, compared to Latin American countries where authoritarian inheritance remains more robust in political, legal, institutional and cultural areas. ( Scott Mainwaring, “Transitions to Democracy and Democratic Consolidation; Theoretical and Comparative Issues”, in Issues in Democratic Consolication: the New South American Democracies in Comparatice Perspective, O’Donnell and J.S. Valanzuela, (Notre Dame, IN, Universty of Notre Dame Press,2002)

Chile period; Dictatorship era,repression, organized response, legal strategies, HRO and HRV Introduction of Amnesty Law is debated ; early establishment prevention of human rights by negative judicial judiciary.

Military Cou’p Detat (1973-1990): Human Right Abuses and Violence

General Augusto Pinochet Ugarte ; From 1973 to 1990, the general who ruled Chile with the dictatorship. Pinochet made military coup and overthrew the government and took to power.

The coup direct intervention political process, political right,judiciary, the Catholic church and civillian population.

Chile former President Allende is rulled the country by marxist approach. When Pinochet came into power changed everything.Firstly, he is rulled  anti marxist ideological approach and  ıt is changed to radical neo-liberalist economic approach. Pinochest used to military hierarchy and discipline establish to presidential regime  against rivals. According to Eric Hobsbawma, for the period of Pinochet, “this period of economic ultra-liberalism has been demonstrated, along with its other aspects, has shown that political liberalism and democracy are not a natural part and extension of economic liberalism.” Indeed, the Pinochet era is one of the instructive examples of the self-functioning market (free market) that needs dictatorship, repression and authoritarian political models, and under which it can function more “rationally”. With the Chilean model, the principles of solidarity, intergenerational sharing and publicity, the universal principle of social security, have been eliminated, and individual savings and individual income are introduced. The model is belonged to Chile Socil Security Minister of (1978-1980)Jose Pinara .

(World Bank, World Tables)  Chile economic’s table in 1974-1977

The regime can also be legally legal and can be completed to ensure that the suppression and oversight of some institutional formalities are ready for use. The government recognized new constitution in 1980 to  “protected” democracy. Political and sociocultural transformation is in 1980.

Many people are diseapeared, tortured, exiled and died for this era. Human rights abuses are rise in these times. Many people suffered in this time.

17 years people suffered, because of authoritarian regime. Former President Allende died but they did no surely know about  the cause of death. Some people have taken refuge in North America or other country. Some cult was established and they were experimented on people “Colonia Dignidad” It’s a  remote place surrounded with high barbed-wire and Armed guards and attack dogs 24 hours, nobody came or left. Child abuse and psychological and physical torture normal in this place.  Paul Schafer is a leader of the cult.( Former Nazi Soldier)

According to O’Donnell; The Chilean case  may be the threat level and the initial pressure level is too hight. They can be first level” (O’Donnell, 1982)

The Rettig Report said that between September to December in 1973 over half of recognized killings or disapearances . It was a “ınternal war”. They have terrorized the civilian population.

Military Junta approved bylaw an  Amnesty law, for  1973-1978 years to cover the crimes committed. Amnesty laws are protected to criminals responsible author, accomplice or liability of all persons who commit an implicit crime from the day of the coup, 11 September 1973 – 10 March 1978 siege status removed. During the 17-year military dictatorship period, The judiciary did not consider the “habeas corpus” provided by the relatives of the persons detained or lost;the judiciary refused to investigate these cases.

It was the place where the victims could bring their relatives’ demands and testimony. The name is “Vicaría de la Solidaridad,” and The Peace Committee,lawyers are received and classified all available information in these institutions about human rights abuses. They are prepared files them.

The army-designed a constitution was approved by a fake plebiscite in 1980. According to a program created in this constitution, a new popular vote was held. In 1988, Pinochet was held in order to determine the permanence of the army in power. The elections for a series of constitutional reforms, including 8 more years, or promptly making free calls. and they had 2 choices, “yes and no” . “NO” option won a significant majority.

Transition Justice in Chile

Parliamentary elections were held in 1989. A broad left-coalition is won the election. President was becoming Patricio Aylwin, he had supported to Pinochet coup against the Allende. Public voting and elections followed the program designed by the army. The transition to democracy in Chile was a negotiated transition in which the army held power level actual and corporate privileges.

Human rights violation investigation separate two parallel way;

1- The Judicial Way

2- Truth a Reconciliation Way

1- National Truth and Reconciliation Commission was established in 25th of  April 1990;

1- Documented and named victims of disappearance and fatal political violence.

2- Could not name perpetrators.

3- Passed information to the courts about illegal burial or cases.

The aim was not to criticize the process. The procedure for communicating with investigations but done nothing. Because of former dictatorship and judiciary pretty close.

Truth Commission was a way of overcoming the absence of a criminal investigation. Historical official account to create about human rights violations. Judiciary was left to the tribunals and closed cases and began the amnesties without investigations. Rettig Commission gathered information about criminal persons and they sent to confidential report about the violations to the judiciary.

 “To publicly restore the good name of those who perished from the stigma of having been falsely accused as enemies of state” Truth and Reconciliation Commission recommended that ( Teitel,)

President Patricio Aylwin apoligized to the victims  in the stadium for government wrongdoing in the same time he read diseapearence addresses.

It’s a good step for healing process to victims, government should help their public. The first step is to empathize in such events. It is a wave of political transformation.

Shortly after participating in the Rettig Commission, Chilean human rights lawyer José Zalaquett wrote that “political situations are far from static, and if the new government consistently follows the best possible approach“ and new possibities can be opened away. (Jose Zalaquett)

The National Corporation of Reparations and Reconciliation was established in 1992. The Commision helped the persons exonerated from public offices for political reasons and It was established to help relatives who died and were executed.

The National Corporation of Reparations and Reconciliation gave the recommendiations to Reggit Commission about reperations for victims. The purposes are to ensure compensation for victims of human rights violations. The establishment was failed about the disappearence but they were ensured reperations to victims.

The process is about the rehabilitation to victims according to “Teitel” table. This step was helping to victims for normalization process.  So they feel good and joined to crowd events. Reintegration and heal for aggrieved.

Law No. 19,123 has awarded compensation  Pensions for relatives of victims of human rights violations committed by dictatorship. It provided medical and educational benefits to the victims.

The government does not take the responsibility of wrongdoing in the process of prolonging the rehabilitation process of the people. People wants to deserves to government, and Criminal should take responsibility and be punished in public-eye. Wrongdoers to sanctions to vindicate victims.

The Corporation “”decentralized public service subject to the supervision of the President of the Republic through the Ministry of the Interior” (Law 19,123, Volume III of Neil Kritz, 1995. It was supposed two years 1992-1994 but extended to 1996. 1,005 composed  the “Program of Continuity of Law 19,123 former National Corporation of Reparations and Reconciliation”, (1996-2000). The Corporation taken to generic name of Human Rights Ofiice in the Ministry of the Interior.

“Involvement in legal investigations was a duty of the Corporation. The law said that “It is declared that the location of the disappeared detainees, as well as that of the bodies of the executed persons and the circumstances of said disappearance or death, constitute an inalienable right of the victim’s families and of the Chilean society”. (Article 6, Law 19,123 Volume III of Neil Kritz, 1995)

Therefore, this institutions were supporting role in human rights investigations to carried out by the judiciciary.18 lawyers gathered information from witnesses, responded to requests from judges and extra-judicial,investigations,It was ended evidences and reports to courts. These evidences and reports discussed for further forensic investigations.

According Article 6 of Law 19-123, they had right to know about death’s and how did they die? So they were started excavation for found bodies, Human Rights of The Minister of Interior created budget US$ 772,000 ($540 million pesos) for judiciary process support to  excavations.

Some scholar criticized this process of Chile’s, They said that; It was a audacious step after the military regime. Because they did a democratic election after autoriatarin regime.

But the main problem was, perpetrators still in the government or powerfull place in the Chile’s. They can capable thing in there. Pinochet arrested in London. Pinochet fate’s in external actors. Chile’s government rejected his trial. Because he was a ex-leader and former head of state and they said; It was harmfull for national sovereignty. Spanish courts did not allow the extraterritorial jurisdiction to Pinochet. Chilean Government negotiated diplomation reprisals to Spain and U.K. The Chiliean government started provoked and political fights to Spain.Socialist Party publicly supported the Pinochet. Defenders appealed to the district court.

District Court gave the decisions, exempt from punishment and extradition and he has impunity of these crimes.He relaised in bail.

After the arrested of Pinochet, Spanish Judge Baltasar Garzon had significant ramifications to Chilean political and domestic judicial institutions and society. It was a general verdict. It was a catalysed 3 types, achieve truth, justice and reconciliation

After that Chiliean transition was changed and re-started the dealing with past. People and government against each other after the conditions, public oblivion was tore down.

New solutions were founded from past problems, created new strategies. The Prosecutions against the former perpetrators, they restarted wide range attempts. They established new reforms.

In fact, this event divides the institution into two.commission  was different approach after arrested Pinochet. Why did differently approach after that? Before this event, they were follow a different path.

Minister of Defense Edmundo Perez, Yoma  builded new  “table”  “Mesa De Dialogo”

Dialog table: Military, church representatives and  lawyers met government authorities to recover information about the remaining dissapeared. The table achieved agreement from military about dissapearence. But some relatives of victims and communist party rejected. They considered the close cases about deathto certify.The 200 cases  were avaliable but result was dissapointing. There were many excuses about dissappereance. Violators provided political protection and It falled by the wayside.

Dialog Table recommendation special judges for human right violation and dissappearence.Than appointed to 9 special human rights judges And Supreme Court decree criminal judges procedding cases about human rights abuses. Therefore 9 special judges focused to dissappearence These judges be succeed this process but  they were bad results to finding to victims bodies.

Pinochet losted the priviliges as a senator. This provided for standing trials. “Death Caravan”, the military group killed  Chilliean political prisoners. Many civil servants have participated in human rights cases. The contribution of these negotiations,for the first time, his army was considered to be the custody of the crimes, killing and covering up at least 200 cases. Supreme Court assigned by the Government judges for “Death Caravan”

“The National Commission of Truth and Reconciliation and the Reparation and Reconciliation Corporation reported 3,196 victims of political violence. Of these, 1,185 were disappeared and 1,720 dead by the dictatorship.” (Fasic)[1]  The military was responsible 304 people and  139 death reported to political violence. President Ricardo Lagos said that military to accepted their crimes. They had thrown political opponents to rivers and to the sea.(2000-2006)

Many of them disappeared and some of them executed ( shot or law of escape). “Death Caravan” solved from 1993 to 2000. The stories are changed and many of them founded and identified bodies in  the different part of countries.

The most important factor in transitional justice is “justice” “judiciary”. Chile’s justice has many barriers. The judiciary still loyalty to military. Military courts have superpower even individual cases and “Amnesty Law” in 1978.

Judges denied proved to relatives prisoners and disappeared. Chile needed to the  new judiciary for legislative. Because It did no purged in the judiciary or public service. Former Minister of Justice Francisco Cumplido added new laws “Cumplido Laws”. It was about “transferred to civil court cases where the accused and the affected part were civilians” . There were pieces of evidences against to military.

Judges have failed for years and It was a wide reform in criminal system. Judiciary to let promotion to new judges for Supreme Court and other lower courts. Finally tribunals ready to prosecute the military. Judges willingly provided to human rights in their countries. Transitional justice advanced to democracy step by step.

The Criminal code depended to judges in Chile. The case began with a denunciation and It was no investigation before written  If no one attacked about anything the case “sleep” until a case is written to court.

This system main problem’s was magistracy. They were so-called “objective” .They did everything about case; investigation,elaboration, hypothesis. Then they gave a decision “objectively”.

Then they started reform this system. Public Ministry was new institution in Chile. Judges only duty was judge the case. The reform began the stage to the geographical way in the country. The system approved and developed by President Frei and put in practice by President Ricardo Lagos.

Some policies and army air forces had been acuised to kidnapping in 2002. After that Police and Security services wanted to testify criminal’s officers.  Some officers prisoned by pre-processed crime. But Amnesty Law covered them. Appeal Courts temporarily closed the case for Pinochet mental health. After that decision,  Alfonso Insunza investigates the decision  requested to Supreme Court. The request rejected to declare unconstitutional the closing case. General Pinochet mental health’s was not stable, so Supreme Court ended the case.12 former military offices prisoned for killing Union Leader of Tupacel Jimenez.  Amnesty law did not cover special situations such as; Emilio Cheyre was killed, two kids. This crime can not cover by Amnesty Law. Some decisions rejected by Supreme Court because under the immunity to Amnesty Law. Appeals court accepted the Amnesty Law. It was not interference because law protected “the crimes”. The criminal bench of the Supreme Court, however, maintained its line on Amnesty International law by the criticism from the army. Disappeared is ongoing crime and not covered by Amnesty Law. The genocide charges are at the court for the court’s intention.

Amnesty International law still in Chile and It is motivating political crimes and violate human rights. The operation of DL 2,191 is to withdraw the responsibility of crimes. It was decided between 1973 and 1978.  Homicide, terrorist and passport falsification, assassination foreign minister and ambassador Orlando Leitelier, international terrorist action not included of Amnesty Law. In the late 1990s, kidnapping was accepted as a crime of continuing execution. Disapparence case leading several investigations should be identified, identified and the case must become one of the first-degree murder.  It was unless the location of the victim is known, no amnesty, nor limiting provisions apply. Forward presentation of corpses lost in fear of future justice, It became a retroactive tool to investigate cases of human rights violations.

State compensation for victims of human rights violations to takes prevention measures from rehabilitation and reparations.  In this perspective, “To restore the current condition compensation will be provided. Before human rights or international humanitarian law violations. Among other things, compensation, restoration of liberty, family life, citizenship, requires the return of the person. residence and restoration of work or property.  Because some people lost their jobs for political reasons, or home or citizenship. It has happened in the civil war in  a dictatorship era. That time was military captured of people’s property. Congress approved a bill in 1997. Properties given by their owners. ( house,Office,etc.) Other cases gave monetary reparations granted. The law has established limit in time, to receive compensation seizure victims.  Political prisoners released within the restoration of liberty, some of them forced or voluntarily left the country. The UN document states that in any economic compensation will be provided to damaged ones from human rights violations or international humanitarian law; mental and physycially health,distress, lost education’s opportunities, economic damage, harm to dignity, medicine and medical rights lost. The law 19,123 granted to monthly reparations to victims and relatives. The Chilean government decided to provide 28.459 registered victims or relatives with life-long compensation (about USD 200 per month) and free education, housing and health care in 2005

The law said that; It was never repeated again, victims have several rights to getting dignity and other things, official announcement the truth,reparations, educations, human right abuses, crime. The law protected to their people and granting rights back to people.

International Human Rights Court declared the amnesty provisions violated the international law.(1998) International Criminal Tribunal explained that; domestic amnesties covered to crimes and tortures. 30 years after the coup, the old and the present army has now been interrogated and interrogated the courts in the preventive prison.

Conclusion

The Chilean case is very defective ones. Many facts affected countries. Retroactive law, covered law, unstabilized political actors and military officers. Actually, these things affected to democracy. It was a non-transparency between government-people. Furthermore, crimes can provide by law.  It was really interesting case.

The Chilean commission did not share everything to media just shared two tasks about transitions and past crimes. Commission has taken the truth by unilateral. After the Dialog table, the military accepted some crimes. It was not an entried to democracy, It was a self-pardon unilateral the perpetrator. Amnesty was a disaster and all the institutions accepted that. In practice, the application of a pardon was left to courts in Chile.

Suddenly associating with symbols, figures, reasons, lifestyle an unusual degree is associated with a political past that is still a present experience of a large part of the population. Political elites are almost obsessed with the underlying consensus of violence and a sense of injustice in the Chilean community remains hidden.

Political time and changes despite strong institutional and political constraints as in the judiciary, the context also expanded Chile’s limited justice They did reform  in judiciary, facilitated the introduction of young judges, the interpretation of a new amnesty provided for the investigation before the completion of the case and special assignment decided to investigate human rights cases.

Rettig Commission failed some situations. People expected to legitimize to hidden truth, human right violations clarified, prevented to denial of crimes and violations.

In the beginning to transitions Judges were loyal to the military. The regime still moved in the judiciary. Because of the Amnesty Law, violators did no get the deserved. The main obstacles were Amnesty Law (1978) for a  transition to democracy. Chile has a negotiation character. The military predicted that the rules would ultimately come back from the beginning. And they declared Junta is a temporary government. They created a new system substitute politacal party system, political confrontation is a sickness. They designed a  new constitution, new arm forces, new institutional and new electoral system. Most of them protected in negotiations for transitions. The Rettig Commission decreased to lies in public speech.

Some good things happened in Chile. Fear reduced, judiciary reform support positive role in justice.İnvestigations increased and reparations to victims to state-sponsored. Big steps forward to justice in Chile.

Most of the perpetrators retired from the armed forces or intelligence until the time they join the crimes. Some have died elderly before punishment even knowing their crimes. But retired and some active officials are still in danger of being prosecuted for human rights violations in a dictatorship. After the detention of Pinochet in London, new judicial impulse progress has been made in reopened cases and investigations. Truth and compensation, orientations, helped Chile’s reason for not playing against it, in the end, where the perpetrators had advanced despite the extremely low penalty.

Pinochet gets home detention in Chile and he died without any punishment in 2006.

The Chilean case extremely different case. Many people died, some of them disappeared some of them did not find. The military damaged to a country and the people.Unbelievably way,the  law protected the criminals and violators. Everybody knows even judiciary know they are criminal, but law protected the most of them. Thus Chiliean transitions are closed one, Many African countries had an investigation. They were more open rather than Chile. Democracy had wounded. The first democratic election did not do many things for transition. Most of the thing rise after the arrested of Pinochet. His arrested process was very interesting. He has underestimated followers.The  most interesting one was socialist parties support his in Spain. According to Teitel table, There were all stages in Chile. It took to long.

Commission have been classified confidential has kept a secret to testimonies in 50  years.It is potential evidence.

Chile Congress to accepted 20.405. It was creating to Instute for Human Rights in 2009. Former Presindent Michelle Bachelet created task to advisory commission about characteristics of victims of torture and of prisoners of conscience, as well as persons killed by extrajudicial executions of missing prisoners.[2] The Memory and Human Rights Museum opened in 2010 in Santiago Chile.

Tuçe  Genç

genctuce@gmail.com

                                   BIBLIOGRAPHY

CATH COLLINS, Post-transitional Justice: Human Rights Trials in Chile and El Salvador,2010

Ruti Teitel Global Transitional Justice

Elin Skaar, Jemima Garcia-Godos, Cath Collins  Transitional Justice in Latin America

Paloma Aguliar, Alexandra Barahona De Brito, Carmen Gonzalez Enriquez, The Politics of Memory: Transitional Justice in Democratizing Societies

Todd Landman, Neil Robinson The SAGE Handbook of Comparative Politics

(Zalaquett 1992, p. 1435)

Correa Sutil, Jorge in collaboration with Francisco Jiménez. 1997. “‘No Victorious Army has Ever Been Prosecuted… ’: The Unsettled Story of Transitional Justice in Chile”. In Transitional Justice and the Rule of Law in New Democracies. Edited by A. James McAdams. University of Notre Dame Press, USA.

Boraine, Alex. (Paper) South African Truth and Reconciliation Commission: The Third Way. Correa Sutil, Jorge in collaboration with Francisco Jiménez. 1997. “‘No Victorious Army has Ever Been Prosecuted… ’: The Unsettled Story of Transitional Justice in Chile”. In Transitional Justice and the Rule of Law in New Democracies. Edited by A. James McAdams. University of Notre Dame Press, USA. Gahona, Yuri. April 2002. Reparación por Violaciones de Derechos Humanos: ¿Qué reparan las medidas, leyes y políticas de reparación?. Dissertation, M.A. in Social Sciences, Universidad de Chile. Hayner, Priscilla. 2002 Unspeakable Truths: Facing the Challenge of Truth Commissions. New York, Routledge

Zalaquet, José. April 17, 1991. “The Ethics of Responsibility: Truth and Reconciliation in Chile”. Transcript of a seminar with José Zalaquett Daher. Washington Office on Latin America (WOLA), Issues in Human Rights, Washington DC.

Luis Martin Cabrera Radical Justice: Spain and the Southern Cone Beyond Market and State 

The Oxford Handbook of International Political Theory Buckley-Zistel, Susann

Ellen Lutz and Kathryn Sıkkink, “ The Justice Cascadade: The Evolution and Impact of Foreign Human Rights Trials in Latin America” 2001 Chicago Journal Law 2,1

Anite Ferrera Assessing the Long Term Impact of Truth Commissions ,The Chilean truth and reconciliation commission in historical perspective,

Ruti G. Teitel Transitional Justice

http://www.archivochile.com/Derechos_humanos/com_valech/Informe_complementario.pdf (The original documents   The Valech Commission)

Nino, Carlos Santiago. 1996. Radical Evil on Trial. Yale University Press, USA.

Pinochet, Augusto. London, December 1998. Carta a los Chilenos (“Letter to the

Chilean”) http://www.movimientovitalicio.terra.cl/carta.htm

Tepperman, Jonathan “Truth and Consequences”. March / April 2002. Foreign Affairs,

Volume 81, Number 2 (pages 128-145).

Van Boven, Theo. 1997. Basic principles and guidelines on the right to reparation for

victims of violations of human rights and international humanitarian law (revised). U.N.

Economic and Social Council (ECOSOC). E/CN.4/1997/104

Wilde, Alexander. 1999. “Irruptions of Memory: Expressive Politics in Chile’s Transition

to Democracy” Journal of Latin American Studies, No. 31. Cambridge University Press, UK.

Zalaquet, José. April 17, 1991. “The Ethics of Responsibility: Truth and Reconciliation in

Chile”. Transcript of a seminar with José Zalaquett Daher. Washington Office on Latin

America (WOLA), Issues in Human Rights, Washington DC.

Zalaquett, José. August 1992. “Balancing Ethical Imperatives and Political Constraints:

The Dilemma of New Democracies Confronting Past Human Rights Violations”.

Hastings Law Journal Volume 43, Number 6. University of California.

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