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Tuesday, March 27, 2007

Pinochet - Posthumously under Investigation

As reported by Jurist and Bloomberg, former Chilean dictator Augusto Pinochet is posthumously under investigation. A Chilean judge is investigating whether Pinochet ordered the 1982 poisoning of Eduardo Frei Montalva, ex-president of Chile and main opponent of the constitutional reform envisioned by the Pinochet regime. A recent examination of Montalva's remains had found traces of mustard gas.

According to a Chilean lawyer [Bloomberg article], under Chilean law, an investigating judge may pursue investigations indefinitely until there is sufficient evidence for initiating a trial. Although only persons that are still alive can be subject to criminal charges, a judge may award damages to a victim's family or summarize the findings of his investigation in a final report.

The recent investigations in the Montalva case raise hope among Chilean victims' families that the period of suppression of truth is finally over. Despite some efforts, Pinochet was never really held responsible during his lifetime. Thus, in 1998, the British House of Lords refused to extradite Pinochet to Spain for reasons of his poor health. Maybe, finally, after the death of the protagonist, victims will get their day in court. Whether this will really bring about justice remains to be seen...

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