WEBVTT

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[sil.]

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[sil.]

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[sil.]

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[sil.]

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[sil.]

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[sil.]

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[non-English narration]

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[sil.]

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[sil.]

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[sil.]

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In 1973,

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General Augusta Pinochet staged a coup in
Chile against President Salvador Allende

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beginning a 17 year dictatorship. Under
the pretext of doing away with communism

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Pinochet instead did away with
all democratic institutions

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and remained in power until 1990.

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At that time, Joanne
Garces, a Spanish attorney

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was IND’s main advisor.

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He was by INDs side during the assault
in the palace. But was able to escape

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and return to Madrid where 23 years
later he became the senior attorney

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in the Pinochet case.

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From the beginning

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and in spite of the repression the democratic
opposition was able to set up archives

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containing the files of the persons who were
tortured, executed, or who had disappeared.

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The Catholic Church and other
organizations gathered

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information for these enormous
archives full of memories and terror.

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A team of attorneys working for Vicaria de la
Solidaridad fought (inaudible) to defend human rights.

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Each victim has a file within
the archives concerning his

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or her own story.

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[sil.]

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[sil.]

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[sil.]

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In Madrid, in 1996, a
39 year old prosecutor,

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Carlos (inaudible) discovered the
legal loophole for detaining

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Pinochet didn’t think that the Spanish
legal system should sit around

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with their arms folded when faced with
the crimes in Chile and Argentina.

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There had to be a way to make the truth known
and to bring back the memories of the victims.

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Castresana’s childhood
had been deeply affected

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by Franco’s dictatorship. He
felt close to the Chilean

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and Argentine victims because they had gone through
the same experiences as him and his family.

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However, he had no ties to Latin America and
had never visited any of those countries.

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[sil.]

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Castresana carefully sifted
through legislative enactment

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and discovered an article that allows
the Spanish legal system to intervene

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in any country where crimes of genocide,
terrorism, and torture have been committed.

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This finding together with the
international treaties that Spain ratified

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after Franco’s death opened the way
for the hearing of two complaints.

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One against the Argentine military
and the other against Pinochet.

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Castresana also discovered that
the Chilean an Argentine generals

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had applied the same methods used by the Nazis
concerning the disappearance of prisoners.

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And this helped lend a
way to two complaints.

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[sil.]

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Judge (inaudible) García-Castrillón

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agreed to begin the trial hearing. Later,
(inaudible) followed up the proceedings alone.

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Known for his tenacity, he pursued the
case not knowing where it would lead him

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with the accused under
parliamentary impunity and being

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12,000 kilo meters away in Chile.
It wasn’t until much later

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that the 11 judges of the Spanish
Supreme Court unanimously confirmed

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the crimes in Chile and Argentina
fill under universal jurisdiction

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and could therefore be tried in courts
anywhere in the world, thus also in Spain.

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[sil.]

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The other central figure in the story
was Valencia Bon Joanne Garces(ph).

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The senior attorney for the victims.
Thirty years earlier,

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after finishing his studies in political
science in Paris, he moved to Santiago,

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Chile, where he worked as private
advisor to President Salvador Allende.

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During the assault to convince him
to leave the government palace,

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Allende said to him, \"You are the only person
that can tell the world what has happened here.\"

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Allende thus, saved his life and the
palace was bombarded shortly thereafter.

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For 23 years, Garces waited in hope

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for another chance to face Pinochet.
When Castrisanas complaint was accepted,

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Garces immediately asked to be allow to defend
the victims who began arriving in Spain.

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The legal machinery had started to turn.

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[sil.]

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[sil.]

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For two years

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the victims gave their testimony to general
indifference. No one, neither the press

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nor public opinion nor the governments involved believed
that the case would have any chance of success.

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[sil.]

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[sil.]

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[sil.]

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[sil.]

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[sil.]

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[non-English narration]

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[sil.]

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[sil.]

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[sil.]

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[sil.]

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[sil.]

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[sil.]

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[sil.]

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Once a year, he was invited by British airspace.
Umm… Normally, you know, after the summer,

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September, October, like
this year, uh… like in 1998,

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on the last occasion, he was invited by British
airspace to come and have a look at, you know,

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and he went along and there
was, so that’s what happened.

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Friday, the 2nd of October
1998, we had lunch

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and he only drank very little wine and I
said, \"General, is the wine all right?

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Would you like something else?\" He said, \"I don’t know
but I’m having a check up.\" And I didn’t even know on

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Friday afternoon when I had lunch with him that it had to
do with his back. But I… he told me afterwards that uh…

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that uh… The surgeon said,
\"Listen, we do this all the time

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just have it done and you, you know, in
10 days time you can go back to Chile.\"

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And when I accompanied him and we went
to drink at Lady Thatcher’s House,

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just a square and that is when he announced
that he would submit himself to surgery,

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uh… the Friday following the 9th of October

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and that his wife Lucía
would come on Wednesday.

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[sil.]

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The court in Spain

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finally authorized both as Garzón application
for an extradition arrest of Pinochet

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that was transmitted that
evening to Scotland Yard

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in… in London and they then
had to seek the permission

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of the Home Secretary to undertake the
arrest that was immediately authorized

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and they informed the
Chilean ambassador of that

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and went straight to the clinic
uh… office of Scotland Yard did

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and formally arrested Pinochet whilst
he was in bed in the London Clinic.

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And… and I couldn’t believe it. Uh…

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I… I don’t know and I was totally
convinced it was a mistake, you know,

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that was somebody’s got the wrong papers and you know, and
forgot to have a stamp from somebody and just passed it.

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And everybody expected this to be, oh, I thought
this is going to be over in, you know, a week.

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Nobody… nobody ever thought
it would take 500 days.

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[music]

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From the very first day,

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Chilean exiles gathered to protest in front of
the hospital. Meanwhile, the European Parliament

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supported Spain’s demand for
Pinochet’s extradition.

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What interested me most from the case was

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the interference with impunity
for former heads of state.

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I don’t believe that diplomacy can function

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in a world where a head of state or a
former head of state may be arrested.

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I certainly, don’t think the world can function
if the head of state is open to arrest.

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And I think the distinction between a head of state
and a former head of state is rather a fine one.

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Are we going to uh… say
to the Chinese President,

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\"Welcome to London\"? We went to arrest you today
but we want to arrest you in six months time,

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when you are no longer head of state.
The world can’t function uh… like that.

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[sil.]

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[sil.]

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The 25th of November 1998,
which was his birthday

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and 5 ‘o was going to be the judgment of the Lords
was going to be at two o’clock in the afternoon.

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And I arrived there, I can’t remember,
half past twelve or something like that.

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And they were all there,
packed, dressed up.

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The general was ready to umm…
(inaudible) he had a boots,

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the winter boots on, suitcases were there.

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Everybody was ready to go.

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I was sitting umm…

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amongst a group of conservative M.P.’s,
all of whom were Pinochet supporters.

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And the result is read out. A bit
like a football penalty shootout.

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You know, with team A, yes. Team A, yes.
One, one, two,

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one, two, two, three, two.
That’s the result.

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So we… we’re going through it. And
the result starts to run against us

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and this very right when
Tory goes, \"Eh, you’ve lost

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his phrase.\" And it’s not
over till the fat lady sings

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as they say in the opera. And then we won the
last three and we won the case and he said,

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\"I don’t believe it.\" He said, \"You law
of one. I do not believe it.\" And then

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the place just erupted. And then the
Chileans all went out embracing each other.

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The body language is interesting. Precious
that reserved, the Chileans are so ecstatic.

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[music]

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[sil.]

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The House of Lords had finished its work.

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But one week later, Pinochet’s attorneys
discovered that one of the judges was involved

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with Amnesty International, one
of the parties being represented.

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To Whom It May Concern: everyone’s surprise,
and for the first time in 150 years,

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the Lords reversed their decision and
decided to re-examine the written record

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before other magistrates.

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This decision forced the ex-dictator to rent
a house in a fashionable suburb of London.

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Half of the house was
occupied by the police.

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The prisoner began reading Napoleon’s
memos. 150 metres from the house,

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a picket line of Chileans
followed his every move.

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[music]

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During this time, Spain demanded
Pinochet’s tradition followed by France,

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Switzerland, and Belgium. The United
States meanwhile sent Judge Garzón

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secret documents regarding
Operation Condor.

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Pinochet’s military pact for the liquidation of
his opponents in six South American countries.

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All the while the prisoner was just bored, although,
sometimes personalities would come to lend

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him their support.

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[sil.]

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For a while Pinochet managed to avoid

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any public court appearances. But English law
required him to appear in Belmarsh court

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where the judge read the charges
being weighed against him.

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There comes a point when the accused
is in the dog. Where he has to just

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give his name. So I remember that moment
very well when he said, (inaudible)

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him at that moment that was the first time,

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the ex-dictator had subjugated
himself to a criminal court

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for the offenses he was charged
with and in particularly

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for the crime of torture and probably,
for him for the first time,

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he was surrounded by policemen. Of
course, they did not represent his men,

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they represented the forces keeping him
under arrest. And then he left the court

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with a blanket over his head.
Now the days when I was child

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in Britain, one would see
on the television pictures

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of convicted murderers, child molesters,

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people like that leaving court with a blanket
over their head and the vision of Pinochet

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being driven away from the court with a
blanket over his head was a form of justice.

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[sil.]

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Three months later, the Lord’s lifted Pinochet’s
impunity Once again. Although, this time

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for lesser offenses. Meanwhile, other
courts collected new complaints

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from Chile, Germany, Italy,
Norway, Sweden, and Luxembourg.

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[sil.]

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In Madrid, the Pinochet case
became the top story in the media.

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The hope of a trial deeply affected the victims
in Chile and throughout the entire world.

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Witnesses flocked to Judge Garzón’s office
and the archives grew to 35,000 pages.

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[sil.]

01:07:25.000 --> 01:07:30.000
[sil.]

01:08:00.000 --> 01:08:05.000
[sil.]

01:08:45.000 --> 01:08:50.000
[sil.]

01:09:05.000 --> 01:09:13.000
[sil.]

01:11:40.000 --> 01:11:48.000
[sil.]

01:13:55.000 --> 01:14:03.000
[sil.]

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[non-English narration]

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In September 1999, the extradition hearing began
at London’s Bow Street Magistrates Court.

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Facing the exiled protesters
now were Pinochet sympathizers

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whose flights from Chile had been paid
for by the ex-dictators foundation.

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The English judicial system

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listen to both sides for a week and had to decide whether
or not Pinochet could be sent to Spain to be tried.

01:15:55.000 --> 01:16:03.000
[non-English narration]

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What… what are we talking about?
Most general Pinochet

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personally involved in
the, in the disappearance

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and the murder of people of
fellow Chileans. And umm…

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I’m saying that he is not a matter

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and that he is not somebody who would be a
catalyst murderer. Is he a twofold fox?

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Yes. We’ll see tough on his opponents

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who were out uh… for destruction.

01:16:40.000 --> 01:16:44.999
Yes. Uh… Is he a patriot? Yes.

01:16:45.000 --> 01:16:49.999
Umm… Did he feel that possibly

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he was living uh… in some
kind of a civil war? Yes.

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I dare say that when you
look at the figures

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and you know, every life is a life.
I’m… I’m not,

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but if you look at the figures
and you see what he has done,

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not only in order to…
to eliminate communism

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in his country which was then the name of the game in
those years that was, you know, you fought communism,

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you tried to keep that out
of your country. I dare say

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that he did that was minimal loss of
life, was minimal human suffering.

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And uh…

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to, for some minor groupings,

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to come and make a big fuss
about it, 25 years later,

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I find, very, very sad. Very, very sad.

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[non-English narration]

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This is a complete perversion

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of what the extradition
convention was intend to do

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and it was only because people cleverly
put the extradition convention together

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with the torture convention and I’m not a lawyer
but I very much doubt of the torture convention

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was really intended for use
against heads of state

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in… in… in that way.

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You see here,

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the accused is absent. But the clark(ph)
to the court, a woman who had been sitting

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just in front of the judge read out the
charges including 45 cases of torture.

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And the magistrate made it clear

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that these charges were very serious
charges among the worst he’d ever heard.

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And he was really showing that he
was taking this very seriously

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that he was going to be very through and
that no one could expect any favors.

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[sil.]

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It was beautifully done

01:20:45.000 --> 01:20:49.999
by (inaudible). They just went
through case by case by case

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but it was in the slight dismissive mode.
So saying,

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\"Well, your honor, umm… I have this
case here. This is the case of…

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of George and this person was suffered from

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electric shock treatment and so on.
And oh, we’ve got another case here.\"

01:21:10.000 --> 01:21:14.999
And it was always as they were back to stop.
And each time they stopped, \"I’m sorry,

01:21:15.000 --> 01:21:19.999
there’s another case I want to bring out.\" And then
another, then another, then another, then another.

01:21:20.000 --> 01:21:24.999
And it was devastating.

01:21:25.000 --> 01:21:30.000
[sil.]

01:21:35.000 --> 01:21:40.000
[non-English narration]

01:21:45.000 --> 01:21:53.000
[non-English narration]

01:22:05.000 --> 01:22:09.999
The magistrate announced that General
Pinochet can’t be extraverted to Spain

01:22:10.000 --> 01:22:14.999
or in other words, there’s no
British legal reason why he can’t.

01:22:15.000 --> 01:22:19.999
This guy is here today, (inaudible) 35
charges of torture and (inaudible).

01:22:20.000 --> 01:22:28.000
What I’m saying is that the judge

01:22:35.000 --> 01:22:39.999
that they recognize that he has acted as
a police officer rather than as a judge.

01:22:40.000 --> 01:22:44.999
He is uninvited, he is prohibited to apply
justice in this case. He has applied

01:22:45.000 --> 01:22:49.999
an extradition treaty which is
completely out of Latin America

01:22:50.000 --> 01:22:55.000
is completely away from our mentality
and from normal standards in law.

01:23:00.000 --> 01:23:08.000
[non-English narration]

01:23:35.000 --> 01:23:43.000
[music]

01:24:45.000 --> 01:24:49.999
Five days before president election

01:24:50.000 --> 01:24:54.999
where take place in Chili The British
home secretary liberated the prisoner.

01:24:55.000 --> 01:24:59.999
Medical examinations had found that Pinochet
suffered from 16 different elements,

01:25:00.000 --> 01:25:04.999
was taking 11 different medications.

01:25:05.000 --> 01:25:09.999
Could not remember events from the past.
Was incapable of standing trial

01:25:10.000 --> 01:25:15.000
and that he had difficulty in walking.

01:25:35.000 --> 01:25:40.000
[sil.]

01:25:45.000 --> 01:25:50.000
[sil.]

01:26:20.000 --> 01:26:25.000
[sil.]

01:26:50.000 --> 01:26:58.000
[sil.]

01:27:05.000 --> 01:27:13.000
[music]

01:27:20.000 --> 01:27:28.000
[sil.]

01:27:30.000 --> 01:27:38.000
[music]

01:28:20.000 --> 01:28:28.000
[sil.]

01:29:35.000 --> 01:29:43.000
[music]

01:31:30.000 --> 01:31:38.000
[sil.]

01:32:35.000 --> 01:32:43.000
[music]

01:32:55.000 --> 01:32:59.999
In Santiago, inpatient with the slowness of
the judicial process, groups of young people

01:33:00.000 --> 01:33:04.999
organised t denounce in their own turn. The
extortaries and the professionals responsible

01:33:05.000 --> 01:33:10.000
for the repression who were
still holding high positions.

01:34:05.000 --> 01:34:13.000
[sil.]

01:34:20.000 --> 01:34:24.999
While Pinochet was in London,
Judge Guzman was receiving

01:34:25.000 --> 01:34:29.999
the Chilean complaints. Families of
the victims presented more than 200

01:34:30.000 --> 01:34:34.999
of their own complaints against
Pinochet denouncing the amnesty laws.

01:34:35.000 --> 01:34:39.999
The people stopped being afraid and the
legal powers made up for last time.

01:34:40.000 --> 01:34:44.999
For the first time, Judge Guzman was
able to gain entrance to the houses

01:34:45.000 --> 01:34:50.000
used for torture and where hundreds
of people had disappeared.

01:35:20.000 --> 01:35:28.000
[sil.]

01:35:50.000 --> 01:35:54.999
It seemed to judge Guzmán that the
amnesty, the military had given themselves

01:35:55.000 --> 01:35:59.999
could not be applied to the
persons who had disappeared.

01:36:00.000 --> 01:36:04.999
To him the disappearance of those persons was a
criminal offense which would continue until the moment

01:36:05.000 --> 01:36:09.999
the victims were found. Guzmán crossed
the country looking for proof,

01:36:10.000 --> 01:36:14.999
taking statements, and examining bodies.

01:36:15.000 --> 01:36:23.000
[sil.]

01:36:55.000 --> 01:37:00.000
[sil.]

01:37:20.000 --> 01:37:25.000
[sil.]

01:38:05.000 --> 01:38:10.000
[sil.]

01:38:50.000 --> 01:38:58.000
[sil.]

01:39:00.000 --> 01:39:04.999
Two days after Pinochet returned, Judge
Guzman asked the Court of Appeals

01:39:05.000 --> 01:39:09.999
to lift his impunity as senator
for life in order to indict him.

01:39:10.000 --> 01:39:14.999
By a vote of 13 to 9, the
judges agreed to his request.

01:39:15.000 --> 01:39:19.999
But defence attorneys demanded
arbitration from the Supreme Court

01:39:20.000 --> 01:39:28.000
which angered the victims.

01:40:20.000 --> 01:40:28.000
[non-English narration]

01:40:50.000 --> 01:40:58.000
[non-English narration]

01:41:00.000 --> 01:41:04.999
On August 7th, 2000, in a historic ruling

01:41:05.000 --> 01:41:09.999
by a vote of 14 to 6, the Supreme Court confirmed
the lifting of parliamentary impunity.

01:41:10.000 --> 01:41:14.999
The decision of the magistrates allowed
Judge Guzman to continue with his work.

01:41:15.000 --> 01:41:19.999
First of all,

01:41:20.000 --> 01:41:24.999
the judge ordered the accused to submit to new medical
examinations that prove that Pinochet’s mental health

01:41:25.000 --> 01:41:29.999
was normal for a person of his age.

01:41:30.000 --> 01:41:34.999
Then the judge interrogated the ex-senator for
half an hour. Pinochet denied responsibility

01:41:35.000 --> 01:41:39.999
for the crimes and placed the
blame on his subordinates.

01:41:40.000 --> 01:41:44.999
Five years after the case
have been opened in Spain,

01:41:45.000 --> 01:41:49.999
the Chilean judicial system was on
the point of arresting Pinochet.

01:41:50.000 --> 01:41:58.000
[sil.]

01:42:00.000 --> 01:42:04.999
This was the same time that the first statue
of Allende was being erected in Santiago.

01:42:05.000 --> 01:42:09.999
On January 7th 2001, the army
admitted to having eliminated

01:42:10.000 --> 01:42:14.999
180 of Allende supporters. Most of
them being dumped into the sea.

01:42:15.000 --> 01:42:19.999
For the first time, the military
confessed to some of their crimes

01:42:20.000 --> 01:42:24.999
after having maintained a
silence of almost 30 years.

01:42:25.000 --> 01:42:29.999
After having betrayed
Salvador Allende Pinochet

01:42:30.000 --> 01:42:34.999
tried to erase the fact from history.

01:42:35.000 --> 01:42:39.999
But the image of the president has remained with the
victims and continues to give courage to those who resist.

01:42:40.000 --> 01:42:44.999
On January 29th 2001,

01:42:45.000 --> 01:42:49.999
Judge Guzman ordered Pinochet’s arrest

01:42:50.000 --> 01:42:54.999
and had him charged with the crimes.
He was placed under house arrest.

01:42:55.000 --> 01:42:59.999
Across from the government palace,
the statue of Salvador Allende

01:43:00.000 --> 01:43:04.999
has finally found it’s place.

01:43:05.000 --> 01:43:13.000
[sil.]

01:46:15.000 --> 01:46:23.000
[sil.]

01:49:35.000 --> 01:49:40.000
[sil.]