Augusto Pinochet
Augusto José Ramón Pinochet Ugarte (; ; 25 November 1915 – 10 December 2006) was a Chilean general, politician and US-backed dictator of Chile between 1973 and 1990 who remained the Commander-in-Chief of the Chilean Army until 1998 and was also President of the Government Junta of Chile between 1973 and 1981.
Pinochet assumed power in Chile following a United States-backed coup d'état on 11 September 1973 that overthrew the democratically elected socialist Unidad Popular government of President Salvador Allende and ended civilian rule. Several academics – including Peter Winn, Peter Kornbluh and Tim Weiner – have stated that the support of the United States was crucial to the coup and the consolidation of power afterward. Pinochet had been promoted to Commander-in-Chief of the Army by Allende on 23 August 1973, having been its General Chief of Staff since early 1972. In December 1974, the ruling military junta appointed Pinochet Supreme Head of the nation by joint decree, although without the support of one of the coup's instigators, Air Force General Gustavo Leigh. Following his rise to power, Pinochet persecuted leftists, socialists, and political critics, resulting in the executions of from 1,200 to 3,200 people, the internment of as many as 80,000 people and the torture of tens of thousands. According to the Chilean government, the number of executions and forced disappearances was 3,095.
Indictment and arrest of Augusto Pinochet
Despite his release on grounds of ill health, the unprecedented detention of Pinochet in a foreign country for crimes against humanity committed in his own country, without a warrant or request for extradition from his own country, marks a watershed in international law. Some scholars consider it one of the most important events in judicial history since the Nuremberg Trials of Nazi war criminals. Judge Garzón's case was largely founded on the principle of universal jurisdiction—that certain crimes are so egregious that they constitute crimes against humanity and can therefore be prosecuted in any court in the world. The British House of Lords ruled that Pinochet had no right to immunity from prosecution as a former head of state, and could be put on trial. In Spain, the Court of Appeal of the "Audiencia Nacional" affirmed Spanish jurisdiction over Argentine and Chilean cases, declaring that domestic amnesty laws (in the case of Chile, the 1978 amnesty law passed by Pinochet's regime) could not bind the Spanish courts. Both for matters concerning the "Dirty War" in Argentina and for Chile, they characterized the crimes as genocides. However, both the Spanish and British decision did not rely on international law, but on domestic legislation: "They talked about universal jurisdiction, but grounded their decision in domestic statutory law."