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Allende Vive: Latin America’s Left and the Reunion of Socialism and Democracy September 11, 2013

Posted by rogerhollander in 9/11, Art, Literature and Culture, Canada, Chile, Criminal Justice, Democracy, Foreign Policy, Imperialism, Latin America.
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Roger’s note: There are three items in this post.  Following Derrik O’Keefe’s article you will find the full transcript of the DemocracyNow! program featuring the widow of the Chilean folk singer and activist who was murdered by the Pinochet dictatorship.  After that I have posted David Heap’s article that tells the story of the Canadian response to the Pinochet coup and the Canadian movement to receive refugees from the Pinochet’s Chile.  And, of course, all this to remind us of Chile’s notorious 9/11.

Last night, Barack Obama spoke in defence of his threats to launch U.S. air strikes against Syria. In justifying his push for an attack illegal under international law, the constitutional lawyer and Nobel Peace Prize winner appealed explicitly to American exceptionalism. Obama also prefaced his case for bombing Syria with a stunningly ahistorical assertion of American benevolence:

 

“My fellow Americans, for nearly seven decades the United States has been the anchor of global security. This has meant doing more than forging international agreements. It has meant enforcing them. The burdens of leadership are often heavy, but the world’s a better place because we have borne them.”

Imagine how this nonsense sounds to Chileans, who are today marking the 40th anniversary of the U.S.-backed coup in Chile against the democratically elected government led by Salvador Allende. More than 3,000 were killed in Chile; tens of thousands were jailed, tortured and exiled.

Chile bore the heavy burden of all those who have shown leadership in fighting for a better world. For over seven decades — was Obama’s metaphorical anchor of global security the atomic bombs dropped on Hiroshima and Nagasaki in 1945? — any people combining too much democracy and some measure of national development or socialism that threatens U.S. interests has been met with blood and suffering imposed by that enforcer of global capitalism, the U.S. Empire.

I’ve learned a lot about Chile’s tragedy through my wife and her family. She was born in a refugee camp in Buenos Aires, and came to Canada as a baby after activists in this country agitated and successfully pressured the Liberal government of the day to admit Chileans fleeing the coup (for more on this history, read David Heap’s piece.) Both of her parents were social activists and part of the resistance. So I have some knowledge of the almost unimaginable human toll of the coup.

However, on this anniversary, I don’t want to just repeat a denunciation of the U.S. and the neoliberal economists and their generals who plunged Chile into darkness. I’d rather think about the light that has emerged over the past decades from Latin America, against all odds.

Henry Kissinger et al carried out the coup in Chile because they couldn’t countenance the union of socialism and democracy. An elected Marxist president just could not be tolerated. Allende was a strict constitutionalist and democrat. The coup was a bloody reminder that the ruling classes will never fight fair. They killed thousands in a vengeful attempt to forever separate socialism and democracy. But you cannot kill an idea. Forty years later, they have failed. Socialism and democracy have been reunited. That’s why we can say today: Allende vive. Allende lives.

Allende lives in the governments of countries like Bolivia and Venezuela; Allende lives in the vibrant social movements all across Latin America; Allende lives in ALBA, a regional integration and mutual benefit alliance the likes of which could barely have been fathomed in the 1970s; Allende lives in the steadfast refusal of Latin America to accept U.S. isolation and demonization of Cuba. In fact, it’s the U.S. and Canada who are isolated in Latin America these days, notwithstanding recent coup d’etats in a couple of ALBA’s weaker links, Paraguay and Honduras. And Allende lives in the massive student movement in Chile, which has challenged Pinochet’s legacy of privatization and nudged the whole political spectrum in that country to the left.

Latin America today is the only part of the world where the political left has made concrete gains and broken the stranglehold of neoliberalism. It’s the only part of the world where the left can consistently run in elections as the left — and win.

Today’s resurgent left in Latin America poses a real challenge to timid mainstream social democracy in North America and Europe, not to mention to the small constellation of sects clinging to the certainties of 1917 and other similarly dogmatic or scholastic leftists.

On this 40th anniversary of the coup in Chile, progressives would do well to recommit to learning about and defending the myriad left movements and elected governments of Latin America.

So don’t remember Allende just as a martyr. His descendents have learned from his terrible fate, as Greg Grandin outlined in his London Review of Books article, ‘Don’t do what Allende did.’ The headline refers to reported instructions from Fidel Castro to Hugo Chavez during the hours after the (thankfully failed) coup against Venezuela’s elected leader in 2002.

Emir Sader, the Brazilian left scholar and activist, has summed up the new generation’s political project in his essential book, The New Mole, which looks at the trajectories of today’s Latin American left. Sader explains that, having learned from the Allende government’s failure to “prepare to confront the right’s offensive with strategies for an alternative power,

…processes like those in Bolivia, Venezuela and Ecuador — at the same time as they try to implement an anti-neoliberal economic model — seek to combine this with a refounding of the state and the public sphere… it is still a process of reforms, but one that leads towards a substantial transformation of the relations of power that underpin the neoliberal state.”

It’s an enormous and worthy undertaking. We should learn from Latin America and we should join them. That’s the best way to honour the legacy of the Chileans who fell forty years ago to the enforcers of global capitalism.

Derrick O'Keefe

rabble.ca Editor Derrick O’Keefe is a writer and social justice activist in Vancouver, BC. He is the author of the new Verso book, Michael Ignatieff: The Lesser Evil? and the co-writer of Afghan MP Malalai Joya’s political memoir, A Woman Among Warlords: The Extraordinary Story of an Afghan Who Dared to Raise Her Voice. Derrick also served as rabble.ca’s editor from 2007 to 2009. You can follow him at http://twitter.com/derrickokeefe.

 

 

Transcript

This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: Today we look at another September 11th. It was 40 years ago this week, September 11, 1973, that General Augusto Pinochet ousted Chile’s democratically elected president, Salvador Allende, in a U.S.-backed military coup. The coup began a 17-year repressive dictatorship during which more than 3,000 Chileans were killed. Pinochet’s rise to power was backed by then-President Richard Nixon and his secretary of state and national security adviser, Henry Kissinger.

In 1970, the CIA’s deputy director of plans wrote in a secret memo, quote, “It is firm and continuing policy that Allende be overthrown by a coup. … It is imperative that these actions be implemented clandestinely and securely so that the USG [that’s the U.S. government] and American hand be well hidden,” unquote. That same year, President Nixon ordered the CIA to, quote, “make the economy scream” in Chile to, quote, “prevent Allende from coming to power or [to] unseat him.”

After the 1973 coup, General Pinochet remained a close U.S. ally. He was defeated in 1988 referendum and left office in 1990. In 1998, Pinochet was arrested in London on torture and genocide charges on a warrant issued by a Spanish judge, Baltasar Garzón. British authorities later released Pinochet after doctors ruled him physically and mentally unfit to stand trial.

Last week, Chile’s judges issued a long-awaited apology to the relatives of loved ones who went missing or were executed during the Pinochet dictatorship. This is Judge Daniel Urrutia.

JUDGE DANIEL URRUTIA: [translated] We consider it appropriate and necessary. We understand, for some citizens, obviously, it’s too late, but nothing will ever be too late to react to what may happen in the future.

AMY GOODMAN: The relatives of some victims have rejected the belated apology and called for further investigations into deaths and disappearances during the dictatorship. Chilean President Sebastián Piñera said the country’s courts had failed to uphold the constitution and basic rights.

PRESIDENT SEBASTIÁN PIÑERA: [translated] The judiciary did not rise up to their obligations or challenges, and could have done much more, because, by constitutional mandate, it’s their duty to protect the rights of the people, to protect their lives—for example, reconsidering the appeals, which they had previously massively rejected as unconstitutional.

AMY GOODMAN: Meanwhile, on Sunday thousands of Chileans took to the streets of Santiago to mark the 40th anniversary of the military coup and remember the thousands who disappeared during the brutal regime that followed. This is the president of the Families of Executed Politicians group, Alicia Lira.

ALICIA LIRA: [translated] Forty years since the civil military coup, the issue of human rights, the violations during the dictatorship are still current. This denial of justice, there are more than 1,300 processes open for 40 years, for 40 years continuing the search for those who were arrested, who disappeared, who were executed without the remains handed back. Why don’t they say the truth? Why don’t they break their pact of silence?

AMY GOODMAN: Just last week, the wife and two daughters of the legendary Chilean folk singer Víctor Jara filed a civil lawsuit in U.S. court against the former military officer they say killed Jara almost exactly 40 years ago. Víctor Jara was shot to death in the midst of the 1973 U.S.-backed coup. First his hands were smashed so he could no longer play the guitar, it is believed. Jara’s accused killer, Pedro Barrientos, has lived in the United States for roughly two decades and is now a U.S. citizen. Jara’s family is suing him under federal laws that allow U.S. courts to hear about human rights abuses committed abroad. Last year, Chilean prosecutors charged Barrientos and another officer with Jara’s murder, naming six others as accomplices.

Well, today we’ll spend the hour with the loved ones of those who were killed under Pinochet, and the attorneys who have helped them seek justice. First we’re joined by Joan Jara. She is the widow of Chilean singer Víctor Jara. She is the author of An Unfinished Song: The Life of Victor Jara, first published in 1984.

We welcome you back to Democracy Now!

JOAN JARA: Thank you. Thank you.

AMY GOODMAN: It’s great to have you with us and in studio here in New York, as victims and those who have worked for justice in Chile gather for this 40th anniversary of the September 11th coup.

JOAN JARA: Indeed.

AMY GOODMAN: Talk about the lawsuit you have just filed.

JOAN JARA: Well, this lawsuit, which is for the central justice and accountability, is a civil lawsuit, but the—our aim is not to receive pecuniary, because this doesn’t help at all. It’s to reinforce the extradition petition, which was approved by the Chilean Supreme Court and is now in United States territory. It’s somehow to support that and to appeal to public opinion here in the United States. We know we have—there are many people here. In repeated visits here, I have met so many friends who have condemned the coup on the 11th of September, 1973. And I appeal to all the people who listen to Víctor’s songs, who realize—and for all the victims of Pinochet, for their support and appeal to their—your own government to remit a reply positively to this extradition request.

AMY GOODMAN: After break, we’ll also be joined by your lawyer to talk more about the lawsuit. But describe what happened on September 11, 1973. Where were you? Where was Víctor?

JOAN JARA: Yeah, well, we were both at home with our two daughters. There was somehow a coup in the air. We had been fearing that there might be a military coup. And on that morning, together, Víctor and I listened to Allende’s last speech and heard all the radios, the—who supported Salvador Allende, falling off the air as, one by one, being replaced by military marches.

Víctor was due to go to the technical university, his place of work, where Allende was due to speak to announce a plebiscite at 11:00, and Víctor was to sing there, as he did. And he went out that morning. It was the last time I saw him. I stayed at home, heard of the bombing of the Moneda Palace, heard and saw the helicopter’s machine gun firing over Allende’s residence. And then began the long wait for Víctor to come back home.

AMY GOODMAN: And how long did you wait?

JOAN JARA: I waited a week, not knowing really what had happened to him. I got a message from him from somebody who had been in the stadium with him, wasn’t sure what was really happening to him. But my fears were confirmed on the 11th of September—well, I’m sorry, on the 18th of September, Chile National Day, when a young man came to my house, said, “Please, I need to talk to you. I’m a friend. I’ve been working in the city morgue. I’m afraid to tell you that Víctor’s body has been recognized,” because it was a well-known—his was a well-known face. And he said, “You must come with me and claim his body; otherwise, they will put him in a common grave, and he will disappear.”

So then I accompanied this young man to the city morgue. We entered by a side entrance. I saw the hundreds of bodies, literally hundreds of bodies, that were high piled up in what was actually the parking place, I think, of the morgue. And I had to look for Víctor’s body among a long line in the offices of the city morgue, recognized him. I saw what had happened to him. I saw the bullet wounds. I saw the state of his body.

And I consider myself one of the lucky ones, in the sense that I had to face at that moment that—what had happened to Víctor, and I could give my testimony with all the force of what I felt in that moment, and not that horror, which is much worse, of never knowing what happened to your loved one, as what happened to so many families, so many women, who have spent these 40 years looking for their loved ones who were made to disappear.

AMY GOODMAN: Because he was so well known, there have been many stories about his death. Some said because he was this famous folk singer, guitarist, his hands were cut off.

JOAN JARA: No.

AMY GOODMAN: Others said they were smashed. How did you see—what did you see when you saw his body?

JOAN JARA: No, I—this is not true. There was this invention of myths that I people, I suppose, thought would help. The truth was bad enough. There was no need to invent more horrors. Víctor’s hands were not cut off. When I saw his body, his hands were hanging at a strange angle. I mean, his whole body was bruised and battered with bullet wounds, but I didn’t touch his hands. It looked as though his wrists were broken.

AMY GOODMAN: How long had Víctor played guitar? How long had he been singing?

JOAN JARA: Oh, how long had he been singing? Since he was small. Since he was—he didn’t really learn to play the guitar until he was adolescent, but his mother was a folk singer, and he learned from her, yeah.

AMY GOODMAN: And how did you meet?

JOAN JARA: We met because in the University of Chile we—Víctor was a student in the theater school, and I was a dancer in the national ballet, but I also gave classes in the theater school. That’s how I met him. He was an excellent student. He was at least the best of his course. But we actually got together after, later, when I was recovering from when I was sort of ill, and he heard I was ill. He came to see me with a little bunch of flowers that I think he took out of the park, because he was penniless.

AMY GOODMAN: And you have two daughters together?

JOAN JARA: No, not together. My first daughter is actually the daughter of my first husband, whom I had separated from, but she was very, very small when Víctor came to see us that day. She was only a year old, slightly less than a year old. And she always felt that Víctor was her father, and Víctor always felt that he—she was her daughter. She—he—sorry, I’m not used to speaking English. So, they were very, very close.

AMY GOODMAN: And the hundreds of bodies you saw in this morgue. How many of them were identified?

JOAN JARA: Can’t tell you that. This particular young man who worked in the identification, civil—civil registry—I don’t know what you call it—he was overwhelmed with what he had to do. I can’t—I can’t tell you. I can’t—I can’t tell.

AMY GOODMAN: Were you able to claim his body and bury him?

JOAN JARA: I was—I was one of the lucky ones. I was able to claim his body, but we had to take it immediately to the cemetery and inter it in a niche high up in the back wall of the cemetery. There could be no funeral. And after that, I had to go home and tell my daughters what had happened.

AMY GOODMAN: We’re talking with Joan Jara, the widow of Víctor Jara. And we’re going to continue with her, as well as her lawyer. She’s just brought suit against the man she believes was responsible for his murder, among others. We’re also going to be joined by Joyce Horman, another widow of the coup. Her husband, Charles Horman, American freelance journalist, was also disappeared and killed during the coup. This is Democracy Now!, democracynow.org, The War and Peace Report. It’s been 40 years since the September 11, 1973, coup that overthrew the first democratically elected leader of Chile, Salvador Allende, who died in the palace that day as the Pinochet forces rose to power. Stay with us.

[break]

AMY GOODMAN: “Vivir en Paz,” by Víctor Jara, the Chilean singer, songwriter, tortured and executed during the Chilean coup of Salvador Allende, September 11, 1973. This week marks the 40th anniversary the U.S.-backed coup. You can also go to our website at democracynow.org to see highlights from our coverage over the years. This is Democracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman.

Our guest is Joan Jara, the widow of the legendary Chilean singer Víctor Jara. Last week she filed a civil lawsuit in U.S. court against the former military officer they say killed Jara almost exactly 40 years ago. Víctor Jara was shot to death in the midst of the 1973 U.S.-backed coup within the next week. Joan Jara is author of An Unfinished Song: The Life of Victor Jara.

Also with us is Almudena Bernabeu, attorney who helped file the lawsuit last week against Víctor Jara killers. She’s with the Center for Justice and Accountability, where she directs the Transitional Justice Program.

Tonight there will be a major event where people from around the world will gather who have been involved with seeking justice since the coup took place. Pinochet rose to power on September 11th, and over the next 17 years more than 3,000 Chileans were killed.

Almudena, describe this lawsuit, the grounds, the legal grounds on which you bring this 40 years after Víctor Jara was killed.

ALMUDENA BERNABEU: Absolutely. This is under—these lawsuits are happening in the United States, and there’s an important number of them. They are civil by nature, because it’s what the—it’s a tort, which is a legal word, but, I mean, it’s—what they really look for is a reward on damages. But really, the nature of the evidence and the relevance of the documents and everything that goes into the case really doesn’t distinguish, in my mind, between criminal and civil. It’s under two federal statutes in the United States called the Alien Tort Statute from 1789—ironically, first Congress—and the Torture Victims Protection Act, which is later on in 1992. And what they provide for is the right to victims, whether they’re aliens under the ATS or also U.S. citizens under the TVPA, or what we call the TVPA, to bring suit for human rights violations. The second statute provides for torture, extrajudicial killing, specifically. And the Alien Tort Statute allows you to bring in a more open or wide number of claims, including crimes against humanity, war crimes and slavery, many claims over the years. Colleagues and friends have brought suit under these laws.

In, I guess, the jurisdictional basis, not to be overtechnical, but one of the more solid ones has been the physical presence of the defendant in the United States, which is what I will say the Center for Justice and Accountability specialize. Other colleagues at the Center for Constitutional Rights and other institutions have more experience with corporate cases and so forth. And in this particular instance, Pedro Pablo Barrientos, the guy who has been investigated and identified by Chilean prosecutors and judges as the author, through testimony, of Víctor Jara’s assassination, was living—has been living for number of years, for almost 20 years, in Florida, of all places. So—

AMY GOODMAN: How did you find this out?

ALMUDENA BERNABEU: We—actually, came to the attention Chile television first, and they did a big program about both the investigation in Chile and the likelihood of this person—it was an interesting step—likelihood of this person being the Barrientos that was named in the pleadings in Chile. And after the program, the judge ordered a couple of extra, you know, steps from a criminal investigation standpoint, and they were able to identify him. And I was contacted by the prosecutors in Chile, with whom we have a relationship from prior work, to see if we could actually corroborate one more step to see if he was the person. And he is the same officer that left Chile, we believe between 1989 and 1990, and relocated in Deltona.

AMY GOODMAN: Do you believe the U.S. knew?

ALMUDENA BERNABEU: That he was in the United—

AMY GOODMAN: Who he was?

ALMUDENA BERNABEU: I’m not sure he was high enough, to be frank, from all the information that we have right now.

AMY GOODMAN: Because he was granted U.S. citizenship.

ALMUDENA BERNABEU: He was granted U.S. citizenship. And what I don’t—I don’t necessarily know that at the time that he was probably requesting to file his naturalization application, that the U.S. will know of his involvement. And I think that these guys specialize in lying in those applications, in my experience. So there’s no way necessarily for the U.S. to know, although I do believe that, overall, the U.S. looked somewhere else when all these people were coming from Latin America in the aftermath of their conflicts, no question, particularly military men.

AMY GOODMAN: This Alien Tort Claims Act, which we have covered many times in the past, you yourself have used in other cases. Very briefly, if you could talk about the archbishop of El Salvador, Óscar Romero?

ALMUDENA BERNABEU: This really was an important case, on a personal and professional level. It was filed in 2003. And also with a little bit of this twisting of fate, the—a guy who was crucial to the assassination had been identified by the truth commission, by U.S. important declassified documents and other sources, as the driver, as the sort of right-hand man of Roberto D’Aubuisson, who conceived the assassination and sort of the whole plot. And he was the guy who drove the shooter to the church, and he was living in Modesto, California, running an auto shop. And after we were able to establish that truthfully and corroborate it, we filed suit, which was a very important suit, I will say. It was the only time in the history of the crime for the conditions of El Salvador when any justice has been provided for this emblematic killing, and it was the first case—

AMY GOODMAN: He was killed March 24th, 1980.

ALMUDENA BERNABEU: 1980.

AMY GOODMAN: The archbishop of El Salvador, as—

ALMUDENA BERNABEU: While celebrating mass, absolutely. And he was kind of marks—in the history and the imaginary of Salvadorans, marks the beginning of their 10-year civil war. It really was a declaration of war in the old-fashioned sense. It was—and against all civilians and against the pueblo that he defended so much. It was one—a provocative statement, killing the archbishop, who had been in his homilies and publicly condemning the actions of the army against the people of El Salvador.

AMY GOODMAN: Joan Jara, how did you figure out that—who was responsible for the killing of Víctor, your husband?

JOAN JARA: I didn’t figure it out, because the—the Chilean army would not give the information of who—of the officers who were responsible for the Chile stadium where Víctor was killed. But gradually, within the proceedings of the case, officers were named, especially by the conscript, under whose—become orders, they were, yeah. And it’s these people who were these soldiers of lesser ranks who have identified the officers who were responsible for the crimes.

ALMUDENA BERNABEU: That’s a very important point. Sorry, just to—there’s been no desire or willingness on behalf of the armed forces in Chile to collaborate with the families and the victims struggling for 40 years. They have to rely, the investigators, in now testimony from these low-level soldiers, who don’t have that kind of pact of silence, and they’re providing information that is crucial for their work.

AMY GOODMAN: Joan?

JOAN JARA: Well, they say that they have had to have a pact of silence during many decades because they have been threatened by the armed forces, they should not speak. And there have been many who have been very scared to give their testimony until now.

The Right to Live in Peace: Forty years on, the coup in Chile still has lessons for us today

 

| September 9, 2013

Mural for Victor Jara. (Photo: aullidodelaika.blogspot.com)

Aerial bombings, tanks in the streets, widespread terrorizing of civilians by soldiers and secret police: this was the horror unleashed on September 11, 1973 by the military coup d’état in Chile. Led by Augusto Pinochet and other generals with U.S. backing, the coup overthrew President Salvador Allende’s democratically elected Popular Unity government, and brought in a brutal military dictatorship that lasted for 17 years.

Canada’s official attitude towards the coup might be politely called ‘ambivalent.’ Some Canadian banks and mining interests openly supported the military take-over as a good investment opportunity. Our ambassador to Chile’s rather sympathetic attitude toward the generals led to a rapid recognition of the military junta.

When embassy officials Mark Dolgin and David Adam allowed a handful of asylum-seekers to take refuge at our Santiago embassy, Foreign Affairs tried to shut the door on any more. The ambassador’s classified cables, which called asylum-seekers ‘riff-raff’ and the military killings ‘abhorrent but understandable,’ were leaked by Bob Thomson, a federal CIDA employee in Ottawa.

Those leaks cost Thomson his job but helped build a public clamour in favour of offering refuge to those who needed it. At the time, Canada’s lack of a formal refugee policy left these life-and-death decisions to ministerial discretion. Questions were raised in Parliament, church groups and unions called for more asylum, the media picked up the story, and solidarity activists occupied federal offices in four cities across the country: this growing groundswell in the fall of 1973 eventually led to ‘Special Movement Chile’ opening the doors for thousands of Chilean refugees fleeing Pinochet’s terror to find safety in Canada.

That historic example of citizen action underscores the importance conscientious dissent. Whether high-profile whistleblowers like Manning and Snowden or rank-and-file war resisters who refuse to participate in war crimes, conscientious dissenters deserve honour and protection, rather than vilification and prosecution. Though their individual circumstances may be less dramatic, the same lesson applies to many conscientious scientists and researchers whose work is threatened or suppressed by the Harper government’s ideological preference for evidence-free policy-making.

Many victims of military repression never reach asylum of course, but those who remember the tortured, murdered and ‘disappeared’ can take some comfort in the knowledge that there is no statute of limitations for war crimes and crimes against humanity. The renowned Chilean folk-singer Victor Jara was among those tortured and killed in the early days of the coup, and this year several military officers deemed responsible for his death are finally coming to trial. Some of the accused trained at the infamous School of the Americas (aka School of Assassins: they put Pinochet’s ceremonial sword on display) at Fort Benning Georgia, where human rights vigils continue to call for closure every year.

Whatever the outcome of these belated trials, let’s recall that General Pinochet was fond of lecturing about the health benefits of ‘just forgetting.’  So historical memory really matters: remembering can be an act of resistance in itself. Not only those officially sanctioned memorials, which prescribe just which atrocities ‘We must never forget,’ but also (especially!) independent grassroots initiatives that document and remind us of crimes our governments would prefer us to forget. Such is the case of Zochrot (‘remembering’ in Hebrew), which aims to ‘commemorate, witness, acknowledge, and repair’ the ethnic cleansing of Palestine, in the face of widespread (and increasingly state-enforced) nakba denial in Israel and around the world.

Jara’s poetic legacy lives on in song, of course. Better known for her satirical songs on CBC, topical folksinger Nancy White recorded a (now hard-to-find but recently recovered) medley of his songs called Victor Jara Presente, where she sings in part: ‘His struggle is the struggle of all who would live free. We mustn’t let a Victor Jara die again.’

But we do keep letting it happen, alas. Canada’s governments have either participated in or tacitly supported coups against elected governments in Haiti and Honduras (just to name two recent examples). And with the Conservatives’ increasing political interference in our asylum adjudication system, it is far from clear whether those 1970s Chilean refugees would even be allowed into Canada today under current rules. Refugees who do make it into Canada now also face a much harder time settling here, with mean-spirited federal cuts to health and other services — another area where we see active resistance from conscientious professionals.

Let’s also remember the real motivation for many coups. Henry Kissinger infamously explained why the U.S. set about to destabilize and then overthrow Allende’s democratically elected government: “The issues are much too important for the Chilean voters to be left to decide for themselves.” Democracy doesn’t count for much when voters ‘irresponsibly’ elect a government Washington doesn’t like.

A recent Wall Street Journal editorial is even clearer about who they support and why: about a more recent military coup, they wrote on July 4 that Egyptians would be “lucky” if their new ruling generals turn out like Chile’s Pinochet, who “hired free-market reformers and midwifed a transition to democracy.” Apart from the slur on midwifery, Pinochet’s rule was a ‘transition to democracy’ like bacon is a transition to vegetarianism. His regime savagely opposed the return to democracy in Chile, relinquishing power only when forced to by national and international pressure, and after decreeing immunity for himself and his henchmen — all the while continuing to receive support from hypocritical U.S. politicians who now lecture us about the immorality of talking with dictators.

But don’t let the WSJ’s chilling historical revisionism mask the cynicism of their underlying message: international finance approves of dictators who bring in ‘free-market reformers.’ The 1973 coup gave free reign to the Chicago-school free market fundamentalists to create havoc in the Chilean social fabric, and similar failed policies are now being pushed down our throats under the guise of ‘austerity.’ Those who revere the ‘invisible hand of the market’ ultimately also rely on its all-too-visible fist.

The poignant title of one of Jara’s most famous songs and albums (El derecho de vivir en paz, 1971) is still relevant today as it sums up the deepest wishes of so many people. A film about his life and an exhibit* of rare historic materials from the Chilean resistance against the coup both bear the name of the same song, inviting us to remember and reflect on those ideals for today and tomorrow: ‘The right to live in peace.’

 

David Heap works with the Latin American-Canadian Solidarity Association (LACASA) and People for Peace in London, Ontario, and is on the international Steering Committee of Gaza’s Ark.

A shorter version of this article appeared in UWO’s Western News on September 5.

Photo: aullidodelaika.blogspot.com

*’The Right to Live in Peace’ is an exhibit of historic materials from Toronto’s Colectivo Alas documenting Chilean resistance against the military dictatorship, running at Beit Zatoun in Toronto until September 11, and then opens at Medium Gallery in London on Friday September 13, where it will stay until September 20.

 

 

 

Spanish Judge Baltasar Garzón on Holding Torturers Accountable, Why He Opposes the Killing of Osama bin Laden, and His Threatened Ouster from the Bench May 12, 2011

Posted by rogerhollander in Criminal Justice, Torture.
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www.democracynow.org, May 12, 2011

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Citing the doctrine of universal jurisdiction, Spanish judge Baltasar Garzón has used the Spanish courts to investigate cases of torture, war crimes and other offenses around the world. In 1998, he ordered the arrest of former Chilean dictator Augusto Pinochet, a move that led to Pinochet’s arrest and detention in Britain. In 2003, Garzón indicted Osama bin Laden and dozens of other members of al-Qaeda. Garzón later attempted to indict six high-ranking members of the Bush administration for their role in authorizing torture at the U.S. military prison at Guantánamo Bay and overseas, before the case was eventually dropped under U.S. pressure. While Garzón has long been one of the world’s most feared judges, he is now facing his own legal battle. Last year he was indicted for exceeding his authority for launching an investigation into the disappearance of more than 100,000 civilians at the hands of supporters of Gen. Francisco Franco during the Spanish Civil War. Garzón was suspended as a judge in May 2010 and is facing three separate trials.

JUAN GONZALEZ: We’re joined now by the Spanish judge Baltasar Garzón, perhaps one of the world’s most famous judges. Citing the doctrine of universal jurisdiction, Garzón has used the Spanish courts to investigate cases of torture, war crimes and other offenses around the world.

In 1998, he ordered the arrest of former Chilean dictator Augusto Pinochet, a move that had led to Pinochet’s arrest and detention in Britain for 18 months.

In 2003, Garzón indicted Osama bin Laden and dozens of other members of al-Qaeda. The indictment led to Europe’s biggest trial of alleged al-Qaeda operatives. Eighteen were eventually found guilty.

Garzón also led the case against Argentine ex-naval officer Adolfo Scilingo for crimes committed during Argentina’s Dirty War. Scilingo is now serving a 640-year sentence.

Garzón attempted to indict six high-ranking members of the Bush administration, including former Attorney General Alberto Gonzales, for their role in authorizing torture at Guantánamo and overseas. The case was eventually dropped. We now know, thanks to WikiLeaks, that the Bush administration privately pressured the Spanish government to drop the prosecution.

AMY GOODMAN: While Judge Garzón has long been one of the world’s most feared judges, he is now facing his own legal battle. Thirteen months ago, he was indicted for exceeding his authority for launching an investigation into the disappearance of more than 100,000 Spanish civilians at the hands of supporters of General Francisco Franco during the Spanish Civil War. Garzón was suspended as a judge in May 2010 and is facing three separate trials.

The attack on Garzón has been widely criticized by human rights defenders. Lotte Leicht of Human Rights Watch said, quote, “Garzón sought justice for victims of human rights abuses abroad and now he’s being punished for trying to do the same at home. The decision leaves Spain and Europe open to the charge of double standard.”

Judge Baltasar Garzón is here in New York this week to receive the first Abraham Lincoln Brigade Archives/Puffin Foundation Award for Human Rights Activism. He flew in from Spain last night, joins us in the studio today.

Welcome to Democracy Now!

JUDGE BALTASAR GARZÓN: Good Morning. Thank you.

AMY GOODMAN: And thank you to Tony Geist for translating.

Judge Garzón, let’s start with the latest news: the assassination of Osama bin Laden. You have condemned this. Why?

JUDGE BALTASAR GARZÓN: [translated] Any person who leads a terrorist organization like al-Qaeda is obviously a target. Under the rule of law, justice should be sought by legal means. According to the information we have, he could well have been arrested and brought to trial for his crimes.

AMY GOODMAN: Yet he was assassinated. Talk about the example you believe this sets.

JUDGE BALTASAR GARZÓN: [translated] According to international law, the murder or the assassination of bin Laden was not the appropriate solution. Clearly, from the information we have, it’s an undefined situation, given the state of conflict between the United States and al-Qaeda.

JUAN GONZALEZ: I wanted to ask you about the case, particular case, that you have been now indicted for, specifically overreaching your authority, supposedly, in terms of the investigation into the civilian deaths under the Franco regime. You prosecuted similar cases, where amnesties had been declared, in Argentina and Chile, and your government had no problem with that. But now, when you challenge the amnesty that was supposedly granted to the perpetrators of the Franco atrocities, suddenly the government has problems with your methods?

JUDGE BALTASAR GARZÓN: Yeah. [translated] This is the paradox and the irony of a situation in which Spain has been a pioneer in the application of universal jurisdiction. Yet, when it actually comes to investigating the case and the facts of the case in Spain, the country denies access to the facts and puts the judge himself on trial. It is the obligation of a judge to investigate the cases and to search for truth, justice and reparation for the victims of these crimes.

JUAN GONZALEZ: And in terms of the particular powers of a judge in Spain that may differ from what we here in the United States understand as a judge’s power, that the judges in Spain have both a sort of prosecutorial as well as a judgment aspect to their responsibilities, could you explain that?

JUDGE BALTASAR GARZÓN: Yes. [translated] Judges in Spain are a combination of prosecutor, investigator and judge.

AMY GOODMAN: I wanted to ask you about the WikiLeaks revelations. In Spain, there’s a lot of attention, of the documents, the U.S. government cables that have come out, about U.S. interference with the judiciary in Spain. One of the WikiLeaks cables was signed by Edward Aguirre, who is the—President Bush’s ambassador to Spain, who met with you. And he was concerned about a number of issues, and the U.S. has been concerned about the case in which—you opened against six former Bush administration officials, including Attorney General Alberto Gonzales, for torture at Guantánamo. Explain this case and why it has now been dropped.

JUDGE BALTASAR GARZÓN: [translated] In Spain, opened two procedures against—in the Guantánamo case: a general case against—regarding those six people and another specific case in four cases of torture. They were each in separate courts. The case of the four specific cases of torture is in his court, and it’s gone forward, although without specific indictments against particular individuals. Under the principle of universal jurisdiction, they have requested that the United States answer whether they are following up, investigating that case, or not. And if not, we’ll take it to the next step. It’s quite clear that they’re crimes against humanity, cases of torture, and therefore the government is obliged, under universal jurisdiction, to investigate them.

AMY GOODMAN: The ambassador in the document, in the WikiLeaks cable, said you have an anti-American streak. Your response?

JUDGE BALTASAR GARZÓN: No, you know, no, I don’t. Enemy against the United States, no. I think that is the justice, only justice, as the torture is a universal crime, is necessary to investigate. Only this.

JUAN GONZALEZ: I’d like to ask you about—to go back to the case of the Franco era. The New York Times, in an editorial in support of you, said recently, “The real crime[s] in this case are the disappearances, not Mr. Garzón’s investigation. If, as seems likely, these were crimes against humanity under international law, Spain’s 1977 amnesty could not legally absolve them.” Interestingly, the charges were brought against you initially by right-wing, pro-Franco groups in the country. So, in essence, some claim that the only one to be prosecuted for the crimes of the Franco era are the judge that has tried to investigate the cases. Could you—for Americans who are not familiar with what happened during the Franco era, could you talk a little bit about that?

JUDGE BALTASAR GARZÓN: [translated] The paradox again is that the government refuses to investigate the crimes against humanity and at the same time is prosecuting the judge who wants to uncover them. There were between 150,000 and 200,000 people disappeared under the Franco regime, as part of the civil population. It’s still not known where the victims lie buried. It’s a permanent crime, and therefore it cannot be absolved by an amnesty law.

AMY GOODMAN: Judge Baltasar Garzón, you have called for the exhumation of 19 unmarked graves, among them the one believed to contain the remains of the great poet, Federico García Lorca. Why?

JUDGE BALTASAR GARZÓN: [translated] He ordered specifically the opening, the exhumation of Lorca’s grave, because it was requested by the families of the other people who apparently are buried with him. And the request was made specifically to the judge of Granada, the area where the burial is.

AMY GOODMAN: And what do you hope to find?

JUDGE BALTASAR GARZÓN: [translated] So, the process is paralyzed right now because the judge of the location where Lorca is buried is one of those who objected and brought the case against Garzón. And the Supreme Court has suspended his decision to exhume the grave.

AMY GOODMAN: So, we’re going to go to break, but when we come back, we want to talk to Judge Baltasar Garzón about what this means that he now has been indicted, he has been suspended, he can’t practice law right now in Spain, what it means for all of these cases. This is Democracy Now!, democracynow.org, The War and Peace Report. Back in a minute.

[break]

AMY GOODMAN: Víctor Jara. This is Democracy Now!, democracynow.org. Víctor Jara, the great Chilean singer who was killed when the Augusto Pinochet forces rose to power and Allended died in the palace, September 11th, another September 11th, remarkably enough, 1973, who died among so many thousands of Chileans. It’s our guest today, Judge Baltasar Garzón, who first held Augusto Pinochet accountable, after his 17 years of brutal rule in Chile. When Augusto Pinochet went to Britain in the late ’90s for a doctor’s appointment, Judge Baltasar Garzón, from Spain, had him indicted. And it was because of that indictment that Augusto Pinochet was held in Britain for a year, until eventually allowed to go home.

Now Baltasar Garzón, Judge Garzón, faces his own trial, as he has been taken off the bench after crusading on many different issues, including the indictment of Osama bin Laden and other al-Qaeda operatives in 2003.

I’m Amy Goodman, with Juan Gonzalez.

JUAN GONZALEZ: Well, Judge Garzón, I’d like to ask you about another case that you were involved with, which was the investigation of the “dirty war” that occurred against Basque separatists under a Socialist government, the government of Felipe Gonzalez, in Spain. And you—many say that you were responsible for the fall of that government as a result of what you uncovered. Could you talk about what you found? And interestingly now, Felipe Gonzalez is supporting you and saying that what is happening to you is unjust.

JUDGE BALTASAR GARZÓN: [translated] I would never be responsible for an electoral loss that is due to the citizens who voted. What I did was simply investigate accusations of persecution against people accused of terrorism. The state of law is equal for all people. It cannot depend on electoral politics. A number of highly placed officials in the Socialist party, ruling party, government were accused and found guilty and removed. I believe that the democracy and the rule of law was strengthened by this action.

AMY GOODMAN: I wanted to go back to Chile. The family of the former Chilean president, Salvador Allende, asked last month for his body to be exhumed to help determine the cause of his 1973 death. President Allende was overthrown in a U.S.-backed coup, September 11th, 1973. The official cause of death on that day in the palace was listed as suicide, but it’s long been speculated he was assassinated by the forces of General Augusto Pinochet. Allende’s daughter, Isabel Allende, spoke to the media.

ISABEL ALLENDE: [translated] We requested the exhumation and autopsy. I think it’s the most rigorous and definitive proof to clear up the causes of his death, and we think this is going to be tremendously important.

AMY GOODMAN: That was the daughter of Salvador Allende, Isabel Allende, not to be confused with the great writer who is his niece. What do you say about the calling for the exhumation and the investigation of whether this was assassination or whether he took his own life as the Augusto Pinochet forces moved into the palace?

JUDGE BALTASAR GARZÓN: [translated] In the first instance, they investigated the criminal actions of those who rose up against a democratically elected government. The actual cause of death is less important than recognizing the fact that this was an illegal action, a coup against a legally elected government. And for those crimes, Pinochet was investigated and indicted in London.

AMY GOODMAN: So where do you stand right now, Judge Garzón? You’ve been suspended. You face trial. You face prison for many years.

JUDGE BALTASAR GARZÓN: I am provisionally suspended in my function, jurisdictional function. But I hope the trial against me, that we will, in the next month, I think—but it’s very complicated for me, my actual situation, because I cannot to investigate, to work in Spain. But I work right now in La Haya, in the International Criminal Court, with the prosecutor. But it’s not my destination. I hope the resolution, it will be proximally.

JUAN GONZALEZ: Some of your—you have many people who are passionately supporters of yours, as well as very strong critics, including among your colleagues on the bench. Several major judges in Spain have accused you of basically being a media personality trying to grab attention and really overstepping your responsibilities as a judge. How do you answer those in the judicial community who have criticized you in the past?

JUDGE BALTASAR GARZÓN: [translated] What’s most important are the cases in which I have participated. Any judge who had done what I did would be well known. That’s not, in principle, a bad thing. What’s wrong is to impede those investigations and that the victims should not be aided. It’s true that my personality gives an additional passion to it. But that should be appropriate for any judge. All I’ve done is my job, and I intend to continue doing it. And I’m not especially worried about the criticism that comes from the bench.

JUAN GONZALEZ: And even if you’re absolved of the charges, do you think you will be able to continue to function as a judge in Spain?

JUDGE BALTASAR GARZÓN: [translated] It’s possible that I could continue, but right now I’m involved in a very interesting project in Colombia. For a certain amount of time, I’m going to be working with the OAS in Colombia on furthering the peace process and mediating, to work on a means of transitional justice.

JUAN GONZALEZ: In terms of having—achieving a peace between the FARC and the government?

JUDGE BALTASAR GARZÓN: [translated] To be able to mobilize and put into practice the law which came after the demobilization, so cases can go to trial and victims can receive justice.

AMY GOODMAN: I wanted to, as we wrap up, talk again about universal jurisdiction, what this means, using the Spanish courts to hold tyrants accountable, wherever they may be. The Spanish government is now curtailing this, saying they don’t want to use universal jurisdiction. You have been a crusader for this. Lawyers around the world have looked at what you’re doing, seeing if it’s possible in their own countries. Yet your own government is cracking down on this. Will you be able, if you are cleared of all the charges and can go back to work, to continue to hold international torturers, tyrants, accountable?

JUDGE BALTASAR GARZÓN: [translated] Yes, indeed. Not just me, but any judge should be able to and will be able to do so. No government in the world is easy with the application of the principle of universal jurisdiction. It’s a mistake. I believe it’s a mistake, because the principle of universal jurisdiction allows the fight against impunity to move forward. It’s the final scenario when the country itself is not willing to investigate these crimes, any government.

JUAN GONZALEZ: Were you surprised by some of the WikiLeaks revelations that indicated an extraordinary degree of pressure by the United States government on the judiciary and the government of Spain on cases affecting the United States?

JUDGE BALTASAR GARZÓN: [translated] Yes, it did surprise me. Those who are susceptible to being pressured will be pressured. And if not, the pressure is meaningless. In this case, the justice system in Spain, specifically in regard to Guantánamo, steadfast, stood fast.

AMY GOODMAN: We have just 10 seconds. Short answer. Your assessment of the wars in Iraq and Afghanistan?

JUDGE BALTASAR GARZÓN: [translated] The war in Iraq was an unjust and illegal war. And the war in Afghanistan, which has been conducted properly until now, there are many other things that still need to be revealed.

AMY GOODMAN: Judge Baltasar Garzón, thank you so much for being with us.

Torture Is Not a New US Foreign Policy Tool May 22, 2009

Posted by rogerhollander in Argentina, Chile, El Salvador, Latin America, Torture, Uruguay.
Tags: , , , , , , , , , , , , , , , , , ,
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by Cesar Chelala

“We are going to smash your hands to pulp like the Chileans did to Victor Jara.” Those were the words of the torturers in a Uruguayan prison spoken to my friend Miguel Angel Estrella, a pianist from Argentina. They were referring to the fate of the imprisoned Chilean singer and guitarist Victor Jara, whose hands were destroyed so that he would never play the guitar again. Jara, a fervent opponent of the Pinochet regime, was brutally tortured and later machine-gunned to death after the coup that brought Pinochet to power in 1973.

Estrella was being held in Uruguay’s Libertad prison, accused of being a guerrilla from Argentina fighting the Argentine military regime. Unable to prove the charges against him, and given the unprecedented international pressure, the Uruguayan government released him in 1978, having kidnapped him at the end of 1977.

Estrella was luckier than most of those imprisoned by the South American military. Although tortured and held for a long time in isolation, Estrella eventually recovered, leads a brilliant career as a musician, and is now Argentina’s Ambassador to UNESCO.

One of those training the Uruguayan torturers was an American operative, Daniel (Dan) Mitrione, who was later captured and killed by Uruguayan guerrillas. According to A.J. Langguth, a former New York Times bureau chief in Saigon, Mitrione was among the US advisers who taught torture to the Brazilian police.

Mitrione’s method for the application of torture was carefully orchestrated. Langguth reports that the method was described in detail in a book by Manuel Hevia Cosculluela, a Cuban double agent who worked for the C.I.A., “Passport 11333, Eight Years with the C.I.A.”

This is Mitrione’s voice: “When you receive a subject, the first thing to do is to determine his physical state, his degree of resistance, through a medical examination. A premature death means a failure by the technician. Another important thing to know is exactly how far you can go given the political situation and the personality of the prisoner. It is very important to know beforehand whether we have the luxury of letting the subject die….Before all else, you must be efficient. You must cause only the damage that is strictly necessary, not a bit more. We must control our tempers in any case. You have to act with the efficiency and cleanliness of a surgeon and with the perfection of an artist…”

In Uruguay, Mitrione was the head of the Office of Public Safety, a U.S. government agency established in 1957 by US President Dwight D. Eisenhower to train foreign police forces. At Mitrione’s funeral, Ron Ziegler, the Nixon administration’s spokesman, stated that Mitrione’s “devoted service to the cause of peaceful progress in an orderly world will remain as an example for free men everywhere.” Thanks to former Senator James Abourezk’s efforts, the policy advisory program was abolished in 1974.

Mitrione’s case was far from unique. Through the School of the Americas, thousands of military and police officers from Latin America were trained in repressive methods, including torture.

On November 16, 1989, six Jesuit priests, a co-worker and her teenage daughter were massacred in El Salvador. I knew one of those killed, Ignacio Martin-Baró, vice-rector of the Central American University. He was the closest I have ever been to a saint. A U.S. Congressional Task Force concluded that those responsible for their deaths were trained at the U.S. Army School of the Americas at Ft. Benning, Georgia.

Human beings make culture. And we also make torture, that bastard child of culture. It is up to us to change this situation. When running for president Barak Obama stated, referring to the Iraq war. “It is not enough to get out of Iraq; we have to get out of the mindset that led us into Iraq.” A similar assertion could be made about torture. It is not enough to say that torture will not be practiced any longer by the U.S. We need to get out of the mindset that made torture possible in the first place.

 

Cesar Chelala, a writer on human rights issues, is a co-winner of an Overseas Press Club of America award for an article on human rights.
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