Augusto Pinochet
Pinochet was born in Valparaíso, the son of Augusto Pinochet Vera, a descendant of an 18th-century French Breton immigrant from Lamballe, and Avelina Ugarte Martínez, a woman whose family had been in Chile since the 17th century and was of partial Basque descent. Pinochet went to primary and secondary school at the San Rafael Seminary of Valparaíso, the Rafael Ariztía Institute (Marist Brothers) in Quillota, the French Fathers' School of Valparaíso, and then to the Military School in Santiago, which he entered in 1931. In 1935, after four years studying military geography he graduated with the rank of "alférez" (Second Lieutenant) in the infantry. In September 1937, Pinochet was assigned to the "Chacabuco" Regiment, in Concepción. Two years later, in 1939, then with the rank of Sub-lieutenant, he moved to the "Maipo" Regiment, garrisoned in Valparaíso. He returned to Infantry School in 1940. On 30 January 1943, Pinochet married Lucía Hiriart Rodríguez, with whom he had five children: Inés Lucía, María Verónica, Jacqueline Marie, Augusto Osvaldo and Marco Antonio.
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."